Note: Prior code history: Prior code §§ 12-2101, 12-2102, 12-2105, 12-2107—12-2111, 12-2200, 12-2300, 12-2301; Ords. 1618 and 1938.
This chapter establishes general regulations applicable to those planning applications for permits and other approvals listed in Table 17.06-1. As described in the table, the three potential decision-making bodies are the planning director, the planning commission, and the city council. This title shall apply to all land within the city of Hawthorne, except for public streets and rights-of-way, property owned or leased by state and federal agencies, and property owned or leased by the city of Hawthorne.
Table 17.06-1 Table of Review Authority for Zoning Applications
Zoning Application
Governed by Chapter
Authority's Role
Planning Director
Planning Commission
City Council
Administrative determination
17.06; 17.10; 17.38.030(D); 17.40; 17.41
Decision
Appeal
Appeal
Change of zone boundary
17.62
Recommend
Recommend
Decision
Change of zone classification
17.62
Recommend
Recommend
Decision
Conditional use permit
17.40; 17.76
Recommend
Decision
Appeal
Exterior color code
17.25; 17.26
Decision
Appeal
Appeal
Outdoor dining permit
17.25; 17.26
Decision
Appeal
Appeal
Site development plan
17.62
Recommend
Decision
Appeal
Variance
17.40
Recommend
Decision
Appeal
Zone text amendment
17.62
Recommend
Recommend
Decision
(Ord. 1959 § 2, 2010; Ord. 2012 § 8, 2012; Ord. 2068 § 10, 2014; Ord. 2070 § 4, 2014)
A. 
The planning director has the authority to interpret any provision of this title. Whenever the planning director determines that the meaning or applicability of any requirement is subject to interpretation, the planning director may issue an official interpretation. The planning director may also refer any issue of interpretation to the planning commission for their interpretation.
B. 
The following terms are generally used in this title as synonyms: permit, entitlement, approved use, and planning approval. Thus, "permit holder" refers to the holder of any of these particular items. When used in this title, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to…"
C. 
In interpreting and applying the provisions of this title they shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare.
D. 
It is not intended that this title interfere with, abrogate or annul any easement, covenant or other agreement to which the city, community redevelopment agency of the city of Hawthorne, or parking authority is a party.
E. 
In matters of consistency or conflict between provisions of this title, or between any such provision and any other applicable regulation, the regulation that results in greater restriction on the use of land shall govern, except in the following instances:
1. 
Where a different method to resolve conflict is expressly stated in an agreement to which the city, community redevelopment agency of the city of Hawthorne or parking authority is a party, or in any ordinance, rule or regulation.
2. 
In the case of a specific plan adopted by the city, the provisions of the specific plan shall control.
F. 
When a deadline prescribed by this chapter falls on a day when city offices are closed, the deadline shall be extended to the end of the next day that the city offices are open.
(Ord. 1959 § 2, 2010)
A. 
The planning commission shall prescribe the information to be provided in the zoning application and the items to submit. No application shall be acted on unless:
1. 
The application complies with such requirements;
2. 
The applicant's signature under penalty of perjury verifies that the information provided is correct and that the applicant is either the property owner or representative of the property owner; and
3. 
All necessary fees and deposits have been paid.
B. 
Fees shall be designated in the fee schedule adopted by resolution of the city council.
C. 
Additional Fees. Where fees are required for specialized consultants whether environmental, technical, and financial or other, the upfront total costs of such consultants shall be paid in advance to the city before the application is processed, unless other arrangements are made.
D. 
Notification of Completeness. Within thirty days of submittal, the planning department shall notify the applicant that either: (1) the application is complete and has been accepted for processing; or (2) the application is incomplete and that specified additional information is required.
E. 
Permanent Record. Applications filed pursuant to this title shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records of the planning department, and shall include copies of all notices and actions, with certificates and affidavits of posting, mailing or publications pertaining thereto. This record shall also contain a summary of all pertinent testimony offered at the public hearing held in connection with the application.
F. 
Application Expiration. If a pending application is not determined complete within six months after the first filing with the planning department, the application shall expire, and any remaining deposit amount shall be refunded, subject to administrative processing fees. Upon written request of the applicant filed prior to the expiration, this time period may be extended six months.
G. 
Withdrawal and Refiling.
1. 
An applicant may withdraw an application at any time prior to approval of a resolution containing findings by filing a written notice of withdrawal with the appropriate approval body.
2. 
If an application is so withdrawn, the withdrawal shall be without prejudice, the application may be resubmitted at any time, and the planning commission or the city council shall adopt a resolution accepting the withdrawal of the application.
3. 
The subsequent filing, by anyone, of a substantially similar application on the same property shall be prohibited for one year after the date of the final action denying the application, or having the same effect as a denial.
H. 
Refund of Fees. The planning director may authorize a partial refund, based upon the processing costs incurred to date and the status of the application at the time of withdrawal. If fees have already been incurred for staff time involved in processing the application and publication, or for consultant fees, those fees shall not be refunded.
I. 
Withholding of Applications. The planning department may refuse to accept any application for a permit or other entitlement from any person for a project, property, building, or structure who has either: (1) unpaid fines, liens or assessments; or (2) is the subject of uncorrected violations affecting health and safety, as demonstrated by administrative citations or other pending civil or criminal action. This section shall not apply to applications for permits necessary to obtain compliance with the Hawthorne Municipal Code, although the city may place conditions on such application, permit and/or entitlement in such circumstances.
J. 
Application Considerations. The city may take into consideration the fact that a person or property has been issued citations when the city is determining whether to grant a land use approval and such citations are evidence that the person has committed acts, or the property had conditions, that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity.
(Ord. 1959 § 2, 2010; Ord. 2201 §§ 5, 6, 2020)
A. 
The planning department shall investigate each application set for hearing to assure action on each case consistent with the purpose of this title. At the discretion of the planning director, or where otherwise required by law, an application may be referred to any agency that is relevant to the proposed land use activity.
B. 
Environmental Assessment. After an application is found to be complete, the proposed project shall be reviewed in accordance with the California Environmental Quality Act (CEQA). The planning department shall determine whether the proposed project is exempt from the requirements of CEQA, or is not a project as defined by CEQA, or whether a negative declaration, a mitigated negative declaration, or an environmental impact report (EIR) is required.
C. 
Notwithstanding the issuance of a notification of completeness, the planning director may subsequently require the applicant to submit additional information if it is found that the information is necessary to adequately review the project, including environmental review.
(Ord. 1959 § 2, 2010)
A. 
Setting of Hearing Dates. The date of public hearing shall be not less than ten days and not more than forty-five days after either the completion of the environmental review process or the adoption of the resolution. Applicants may request a later hearing date. Hearings before the planning commission shall be scheduled by the secretary of the planning commission. Hearings before the city council shall be scheduled by the planning department in cooperation with the city clerk.
B. 
When a planning application requires a public hearing, the public shall be provided notice of the hearing in compliance with state law (Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code 21000 et seq.), and this chapter.
C. 
Wording of Public Hearing Notices. Public notice of hearings shall prominently state: "Notice of" immediately followed by the type of application, such as: "Notice of Proposed [insert the application or action]." The notice shall also describe the following:
1. 
The subject property, including address or description of location; the nature of the proposed change or requested use or approval; the name of the applicant; and the city's project case number if one was assigned to the application;
2. 
The time, date and place of the public hearing or hearings on the matter to be held;
3. 
The hearing notice shall state if the application is exempt from CEQA, or if the hearing body will consider approval of a draft negative declaration, mitigated negative declaration, or environmental impact report under CEQA.
D. 
Notice Distribution. Notice of a public hearing required by this chapter shall be given as follows:
1. 
Mailing. Notice of any public hearing shall be given by regular U.S. mail to the applicant, the owner of the subject property, and to the owner of each property within not less than a three hundred foot radius of the exterior boundaries of the subject property, using addresses given on the assessment rolls or other property database service that provides accurate ownership information. Such written notice shall be mailed not less than ten days prior to the date of the hearing.
2. 
In addition to the mailing requirement, the subject property shall be posted with notice of the public hearing and project information shall be made available on the city's website. Planning staff shall execute a certificate of posting in each project file.
3. 
Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with the previous subsection is more than one thousand, the planning director may provide the alternative notice allowed by state law (Government Code Section 65091(a)(4)).
4. 
Publication. Notice of a public hearing shall be given by at least one publication in a newspaper of general circulation in the city not less than ten days before the date of said public hearing, unless a different publication standard is required by state law.
E. 
Additional Notice. The planning director may add relevant information to a hearing notice, distribute to a greater radius distance, or use an additional method as the planning director determines is necessary or desirable (e.g., the Internet). The planning director's discretion to expand the notice shall be based on potential environmental impact or any geographic feature that may impact surrounding properties.
F. 
Continuation of Hearing. The applicant may request that the hearing body continue the public hearing. If the hearing body agrees to the continuance, it shall publicly announce the date, time, and place of the continued public hearing, and no further notice shall be required. The hearing body may also choose to continue the public hearing on its own initiative.
G. 
Time Limit and Rules of Conduct of Hearings. Except for the applicant, the applicant's representative, the appellant, or city staff, interested persons desiring to speak for or against an application or project shall limit their remarks to a single period of five minutes, unless further time is granted by the presiding officer of the planning commission or city council. The hearing body may establish other rules governing the conduct of its public hearings. In the absence of such rules, Robert's Rules of Order shall govern the proceeding.
(Ord. 1959 § 2, 2010; Ord. 2017 § 4, 2012)
A. 
City council and planning commission decisions to grant or deny zoning applications or appeals shall be in the form of a formal resolution or ordinance adopted within thirty days after the termination of the public hearing on the matter. The decision, including any conditions of approval, shall contain written findings that explain the basis of the decision. Unless otherwise provided, the conditions imposed shall run with the land and are binding on the successors, heirs, and assignees of the applicant. The city may require that any or all of the conditions be recorded in a covenant between the owner and the city.
B. 
Votes Needed to Approve—Deadlock Vote. Approval by the city council or planning commission requires a minimum of three affirmative votes. The effect of either a tie vote or insufficient affirmative votes shall be the same as a denial, and, if applicable, is subject to appeal in accordance with this chapter. On actions requiring a recommendation from the planning commission to the city council, the planning commission may approve a "resolution of no decision" as its recommendation to the city council which will allow the action to be considered by the city council.
C. 
A copy of the resolution of decision or ordinance shall be sent to the applicant, the property owner, any appellant, and to all who filed a written request for notice of the decision.
D. 
Effective Dates. Decisions become effective and final on the close of business of the tenth day following the date of issuance of the decision, unless an appeal or a call for review is filed before the effective date. The filing of an appeal or a call for review has the effect of tolling the time period in which an appeal or call for review may be filed, with resumption of the day count at the time the appeal or call for review is withdrawn.
(Ord. 1959 § 2, 2010)
A. 
To avoid results inconsistent with the purposes of this title, decisions of the planning director may be appealed to the planning commission, and decisions of the planning commission may be appealed to the city council by filing an appeal prior to the effective date as set forth in Section 10.06.060(D). The appeal must be filed in the city clerk's department and the appellant must use the planning department's appeal form. The completed form must be submitted with the required processing fees.
B. 
The appeal shall be scheduled for the next regular meeting of the reviewing body that is within forty-five days after the date on which the appeal was filed. An appeal hearing shall be a public hearing if the original decision required a public hearing, with notice given to the same recipients and in the same manner as was required for the initial public hearing.
C. 
Upon receipt of a timely filed appeal to the planning commission, the city clerk shall advise the planning department which shall transmit the complete record of the case to the planning commission.
D. 
Upon receipt of a timely filed appeal to the city council, the city clerk shall advise the secretary of the planning commission who shall transmit to the city clerk the planning commission's complete record of the case.
E. 
Scope of Appeal—Consideration of New Evidence.
1. 
The appeal authority may consider any issues associated with the decision being appealed, in addition to the specific grounds stated in the appeal.
2. 
If new or different evidence is presented in the appeal application, or if new or different evidence is presented during the appeal hearing, the appeal authority may refer the matter back to the planning director or the planning commission for either: (a) a report on the evidence before a final decision on the appeal; or (b) commencement of a new public hearing and proceedings.
F. 
The appeal authority may grant, deny, or modify, in whole or in part, the planning approval, permit, or determination that is the subject of the appeal.
(Ord. 1959 § 2, 2010)
At the request of a council member for a call for review filed in the city clerk's office prior to the effective date of the resolution of decision, the city council may review the planning commission's decision in accordance with the procedures for appeal. The call for review filing shall indicate the grounds for such review and that there is a need for the matter to be determined by the city council. Such calls for review shall be exempt from the appeal fee requirement.
Upon such filing of a call for review, a public hearing of the city council shall be scheduled to formally consider the planning commission's decision.
(Ord. 1959 § 2, 2010)
A. 
Unless otherwise set forth in the resolution of decision, planning approvals, permits, or entitlements shall expire three years from the date of the final decision, unless any of the following actions or events occurs:
1. 
The property is used in conformance with the planning approval;
2. 
A building permit application is filed and accepted before the expiration date, and a building permit is issued within one year after the filing of the building permit application, and the building permit remains in effect;
3. 
In the case of a project in which the time to file a subdivision map has been extended by state law, any related planning entitlement shall expire when the subdivision map expires.
B. 
Approvals granted to the city of Hawthorne or the redevelopment agency are exempt from this provision.
(Ord. 1959 § 2, 2010)
The holder of a discretionary permit or entitlement, or the owner of the subject property, may request a modification of any part of the existing planning approval governing the use of the land by filing an application with the planning department that includes a statement of the grounds and justifications for the modification. The modification shall be subject to the same procedures as the original application, including public hearing, notice requirements, and appeals. The applicant shall remit the required fee when the application for modification is submitted. The planning director may determine that a minor site plan modification does not invoke this provision.
(Ord. 1959 § 2, 2010)
The planning commission may initiate revocation proceedings in accordance with the procedures for planning applications set forth in this chapter, including public notice, hearings and appeals, and shall have the power to revoke, suspend, or modify a planning approval, or grant time to correct any violation, if it finds any of the following:
A. 
The existing use violates the terms or conditions of the governing approval or any applicable regulation or the permit holder directly or indirectly allows such violation to occur;
B. 
Circumstances under which the permit or entitlement was granted have changed as a result of actions by the permit holder to the degree that one or more of the findings contained in the original permit can no longer be made in the affirmative, and the public health, safety, or general welfare require the revocation or modification.
(Ord. 1959 § 2, 2010)