This Chapter establishes procedures that are common to the application
and processing of permits and approvals provided for in this Ordinance,
unless superseded by specific requirement of this Ordinance or State
law.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Initiation of Application. An application shall be filed by
a qualified applicant.
B.
Application Forms and Materials.
1.
Application Forms. The Director shall prepare
and issue application forms and lists that specify the information
that will be required from applicants for projects subject to the
provisions of this Ordinance.
2.
Supporting Materials. The Director shall
require the submission of supporting materials as part of the application,
including but not limited to statements, photographs, plans, drawings,
renderings, models, material samples, contextual drawings, massing
diagrams and/or models, site development history information, and
other items necessary or relevant (e.g., easements, prior site zoning)
to describe existing conditions and the proposed project and to determine
the level of environmental review pursuant to the California Environmental
Quality Act.
3.
Availability of Materials. All material submitted
becomes the property of the City, may be distributed to the public,
and shall be made available for public inspection. At any time upon
reasonable request, and during normal business hours, any person may
examine an application and materials submitted in support of or in
opposition to an application in the Planning Division offices. Unless
prohibited by law, copies of such materials shall be made available
at a reasonable cost.
C.
Application Fees. The City Council shall approve by resolution
a Municipal Fee Schedule that establishes fees for permits, appeals,
amendments, informational materials, penalties, copying, and other
such items. These fees may be amended by the City Council by legislation.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Purpose. These provisions are intended to prescribe the procedure
for filing applications for permits, appeals, amendments, and approvals
when required or permitted by this Chapter. These provisions are intended
to provide the framework by which applications will be determined
to be complete and permitted to be filed.
B.
Application Forms. To request a permit, appeal, amendment,
approval, or other discretionary action required or permitted by this
Chapter, the applicant must submit a complete appropriate application
on the form provided by the Director in addition to any other material,
reports, dimensioned plans, or other information required to take
an action on the application. Each application form shall contain:
1.
A
list or description of the information, reports, dimensioned plans,
and other material needed in order to deem an application complete;
2.
The
criteria by which the Director will determine the completeness of
the application;
3.
Instructions
necessary to complete or supply the required information; and
4.
Such
other information as may be required by this Chapter or State law.
C.
Determination of Completeness.
1.
No
application shall be processed pursuant to this Chapter prior to the
determination by the Director that the application is complete in
accordance with this Section and the Permit Streamlining Act, Government
Code Section 65920 et seq. or any successor legislation thereto, to
the extent applicable.
2.
The
determination shall be made not later than 30 calendar days after
the Planning Department has received an application for a development
project and shall state whether the application is complete, or is
incomplete and shall specify additional information to be resubmitted.
3.
A
completed application shall consist of:
a.
The application form with all applicable information included on
the form;
b.
The additional information, reports, dimensioned drawings, and other
material required with application form;
c.
A description of how the proposed project or requested action is
consistent with the goals, objectives, policies, programs, and other
provisions of the adopted General Plan; and
d.
Payment in full of the required fee for processing the application.
4.
If
an application is determined incomplete, the Director shall transmit
to the applicant in writing the reason for the determination and shall
list the information that must accompany a resubmitted application.
An incomplete application shall be determined to be withdrawn if the
information requested is not received by the Director within 30 days
of the date the written determination of incompleteness is mailed.
5.
The Director shall determine in writing the completeness of the resubmitted application and transmit the determination to the applicant. This determination shall be made no later than 30 calendar days after the Planning Department has received the resubmitted application. If determined complete, the resubmitted application shall be processed pursuant to this Chapter. If the application is determined to be incomplete, the applicant shall be noticed pursuant to this subsection and the application may be deemed withdrawn. If deemed withdrawn, the applicant may file a new application or appeal the determination of incompleteness to the Planning Commission pursuant to Section 9.37.130, Appeals. A resubmitted application that includes an increase in floor area or number of units greater than 10 percent shall be considered a new application.
6.
If
the Director fails to make a timely determination as to completeness
of an application, or resubmitted application, the application shall
be automatically deemed complete. The applicant and Director may mutually
agree in writing to extend these time periods.
7.
The
time periods for processing any applications under this Chapter shall
commence upon the date the application has been determined to be complete.
D.
Additional Information. After an application is deemed complete,
the Director shall not subsequently request of an applicant any new
information requested on the application form. The Director may request
the applicant to clarify, amplify, correct, or otherwise supplement
the information required for the application in the course of processing
the application. This request shall not invalidate the original determination
that an application is complete and shall not result in a delay in
processing the application. The Director may request additional information
needed to prepare adequate environmental documentation.
E.
Posting of Property. Within 15 days after an application for
a Discretionary Permit has been filed, the applicant shall provide
proof of posting a notice on the property in a manner set forth by
the Director. The application shall not be considered complete unless
the site has been posted pursuant to this Section.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The City as Lead Agency shall comply with the California Environmental Quality Act. CEQA appeals shall be processed according to the provisions of Chapter 9.62.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Notice of Hearings. Notice of public hearings shall be given
in the following manner:
1.
By
publication in a newspaper of general circulation within the City
not less than 14 consecutive calendar days prior to the public hearing;
and
2.
By mailing, postage prepaid, not less than 14 consecutive calendar days prior to the public hearing, to all owners and residential and commercial tenants of the subject property and properties within a radius of 750 feet for all Discretionary Permits, and applications for Zoning Ordinance or General Plan Amendments, from the exterior boundaries of the property involved in the application. For this purpose, the last known name and address of each property owner as contained in the records of the Los Angeles County Assessor shall be used. Notices mailed under this subsection (A)(2) shall also be mailed to all City-recognized neighborhood organizations.
3.
All
notices of public hearings shall state the nature of the request,
the location of the property, the time and place of the scheduled
hearing, and the manner in which additional information may be received.
B.
Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice, the Director may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City commencing at least 14 days prior to the hearing for a duration of at least 3 consecutive days. Notices displayed pursuant to this subsection (A)(3) shall also be mailed to all City-recognized neighborhood organizations and shall be posted on the City's website.
C.
Failure to Notify Individual Properties. The validity of the
proceedings shall not be affected by the failure of any property owner,
resident, or neighborhood or community organization to receive a mailed
notice.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
An application
may be withdrawn from a scheduled Planning Commission agenda at the
written request of the applicant provided that the public notice of
the meeting and the public hearing on the application has not been
mailed or published. The application shall be rescheduled for a Planning
Commission meeting agreed to by the applicant and the Director.
B.
An application
shall not be withdrawn from a Planning Commission agenda at the request
of the applicant if public notification has been given. Consideration
of the application may be continued only upon approval of a motion
by the Planning Commission at the meeting for which the application
has been noticed for. The Planning Commission shall grant such request
if good cause is established, and the delay will not be detrimental
or prejudicial to the City or any interested person. Good cause may
include, but is not limited to, the following:
1.
The
unavailability of a party because of death, illness, or other excusable
circumstances;
2.
The
unavailability of counsel or an expert because of death, illness,
or other excusable circumstances;
3.
The
recent addition or substitution of counsel or an expert witness; or
4.
The
need to gather additional evidence which could not have reasonably
been gathered prior to the scheduled date for the hearing.
C.
Any
application continued under the conditions listed above shall be re-noticed
in the original manner, and the applicant shall be subject to payment
of a re-notification fee prior to the re-scheduled hearing.
D.
The
time limitations for action on any application withdrawn, rescheduled,
or continued by the Planning Commission at the request of the applicant,
shall be extended by the period of time that consideration of the
application was suspended.
E.
This
Section shall not apply to continued hearings which are necessary
due to factors controlled by the Planning Commission or staff and
not specifically requested by the applicant.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
B.
Statement of Official Action. The hearing body shall approve
a statement of official action which shall include:
1.
A
statement of the applicable criteria and standards against which the
proposal was tested and the determination of what is required to achieve
compliance with the criteria and standards.
2.
A
statement of the facts found that establish compliance or noncompliance
with each applicable criteria and standards.
3.
The
reasons for a determination to approve or deny the application.
4.
The
decision to deny or to approve with or without conditions and subject
to compliance with applicable standards.
C.
Timing of Approval of Statement of Official Action.
D.
Notice of Statement of Official Action.
1.
With
respect to Director decisions, within 2 business days from the date
when the determination has been made concerning the application and
posted on the City's website, the Director shall transmit the statement
of official action to the applicant at the address shown on the application,
to all individuals who testified at the public hearing on the application,
to all individuals who submitted written comments prior to or at the
public hearing, and to other individuals who provided written notice
that they wished to receive the statement of official action for this
item.
2.
With
respect to Planning Commission and City Council decisions, the Director
shall transmit the statement of official action to the applicant at
the address shown on the application within 5 business days after
the statement of official action has been adopted.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2576CCS § 12, adopted 6/12/18)
A final decision on an application for any discretionary approval
subject to appeal shall become effective after the expiration of 14
calendar days, or 7 calendar days in the case of Temporary Use Permits,
unless an appeal is filed. No building permit or business license
shall be issued until the 15th day, or 8th day in the case of Temporary
Use Permits, following the date of the action.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Expiration. The decision-maker, in the granting of any permit,
may specify a time, consistent with the purposes of the use and necessary
to safeguard the public safety, health and welfare, within which the
proposed use must be undertaken and actively and continuously pursued.
Projects with a permit with a specific time within which the proposed
use must be undertaken and actively and continuously pursued that
were: (1) issued and active as of March 13, 2020; (2) issued between
March 13, 2020 and December 31, 2022; or (3) issued pursuant to a
complete application that was submitted between March 13, 2020 and
December 31, 2022 shall be extended for a period of 2 years. If no
time period is specified, any permit granted under this Ordinance
shall automatically expire if it is not exercised or extended within
the time limits listed below:
1.
Permits for 100% Affordable Housing and Certain Affordable
Mixed-Use Residential Projects. For 100% affordable
housing projects, or mixed-use residential projects where housing
units comprise at least 75% of the floor area of the project, and
the housing project has received City, State or Federal funding or
is comprised of units at least 50% of which are deed-restricted to
be affordable to low income households and the remainder of which
are deed-restricted to be affordable to low or moderate income households:
a.
Except as provided in paragraph (b), below, within 3 years of the
effective date, or if located in the Coastal Zone, 3½ years
from the effective date.
b.
Notwithstanding paragraph (a), within 5 years of the effective date,
or if located in the Coastal Zone, 5½ years from the effective
date, for projects with a permit:
2.
All Other Permits. For projects that do not qualify as affordable housing or mixed-use in subsection (A)(1) above:
a.
Except as provided in paragraph (b), below, within 2 years of the
effective date, or if located in the Coastal Zone, 2½ years
of the effective date.
b.
Notwithstanding paragraph (a), within 4 years of the effective date,
or if located in the Coastal Zone, 4½ years from the effective
date for projects with a permit:
B.
Exercise of Rights. A permit for the use of a building or
a property is exercised when, if required, a valid City business license
has been issued, and the permitted use has commenced on the site unless
the permit is granted in conjunction with approval of new construction.
1.
New Construction. If a permit is granted
in conjunction with approval of new construction, issuance of a building
permit shall constitute exercise of rights; provided, however, that,
unless otherwise specified as a condition of project approval, the
permit shall expire if:
a.
The building permit expires;
b.
Final inspection is not completed or Certificate of Occupancy issued
within the time specified as a condition of project approval; or
c.
The rights granted under the permit for the use of the building are
not exercised within one year following the earliest to occur of the
following: issuance of a Certificate of Occupancy; or if no Certificate
of Occupancy is required, the last required final inspection for the
new construction.
C.
Extensions.
1.
First Time Extension. The Director shall
approve an extension of any permit or approval granted under this
Ordinance upon receipt of a written application with the required
fee prior to expiration of the permit for the time periods listed
below.
a.
Projects with residential uses: one-year extension.
b.
Nonresidential projects: 6-month extension.
|
No extension may be requested earlier than 6 months prior to
the expiration of the permit. The Director may grant a second time
extension for projects involving a City-designated Historic Resource
if such extension is necessary due to the complexity of planning for
and developing the project. Notwithstanding the foregoing, an extension
may be requested at any time at least 30 days prior to the extension
of a permit: (i) issued and still active as of March 13, 2020; (ii)
issued between March 13, 2020 and December 31, 2022; or (iii) issued
pursuant to a complete application submitted between March 13, 2020
and December 31, 2022.
|
2.
Other Extensions. The Planning Commission
may approve a further extension of any permit or approval granted
under this Ordinance upon receipt of a written application with the
required fee at least one month prior to and no more than 6 months
prior to expiration of the permit. Such extension request shall be
processed in the same manner and for the same fee as a new permit.
The Planning Commission may grant an extension request for good cause,
and may consider in this review, subject to any vested rights, the
extent to which the project is consistent with current development
standards and policies, whether the project is consistent in principal
with the goals, objectives, policies, land uses, and programs specified
in the adopted General Plan, conditions surrounding the project site
and whether the project will adversely affect the public health, safety
and general welfare.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2741CCS § 7, adopted April 11, 2023)
No reapplication for the same or substantially same project
that has been denied may be filed within 12 months, except if a project
is determined denied without prejudice or as otherwise allowed at
the time of denial.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
For projects involving the new construction or alteration of 2 or more dwelling units in the R2, R3, R4, OF, RMH, OPD, OP2, OP3, and OP4 Districts in the City for which a development application was deemed complete, only one such construction project shall be allowed, within a 500-foot radius. Except as provided in subsection (C), this restriction shall apply for 15 months after issuance of a building permit, after which time another project may begin construction in the defined area.
C.
During
the plan-check process, the Building and Safety Division shall determine
the status of other building permits for projects in the area. A building
permit shall not be issued when the Building Officer determines that
a building permit has been issued in the previous 15 months for any
other project within a 500-foot radius of the subject property unless
the owner of the previously permitted project has formally relinquished
the building permit for that project or obtained a Certificate of
Occupancy for the project.
D.
If the Building Officer determines that another building permit has been issued less than 15 months prior to the date on which the building permit has received all plan-check approvals and the exceptions specified in subsections (C) and (E) do not apply, the Building Officer shall place the project on a waiting list in order of the date and time of day that the permit application received all plan-check approvals. The life of other City approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. The Building Officer shall approve the project in accordance with the Uniform Technical Code in effect at the time of the plan-check.
E.
Exemptions. The projects listed below shall be exempt from
the Program. The City shall prepare an exemption application form
which delineates all submission requirements. An owner shall not be
required to file a project application with the exemption application.
City staff shall make a final determination whether a project meets
the requirements of this subsection within 90 days after the owner's
exemption application for the project is deemed complete. The following
projects are exempted from the requirements of this Program:
1.
Affordable
housing projects in which 100% of the units will be deed-restricted
for extremely low, very low, low, middle, and/or moderate income housing.
2.
Structures
identified by the Building and Safety Division as unreinforced masonry
construction and subject to City-mandated seismic upgrading.
3.
Projects
to be developed on a site that is vacant.
4.
Projects
to be developed on a site in which:
a.
The structures on the site are uninhabitable, not as a result of
the owner's failure to maintain the structure, or the property of
which the structure is a part, in good repair, and the structures
cannot be rendered habitable in an economically feasible manner; or
b.
The current use of the property is not otherwise economically viable.
5.
Projects
that include the retention and preservation of a designated landmark
building or contributing structure to an adopted Historic District.
F.
The
Planning and Community Development Department may develop administrative
guidelines implementing this Chapter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2520CCS § 30, adopted June 14, 2016)
Any permit granted under this Ordinance may be revoked or modified
for cause in accordance with the provisions of this Section.
A.
Initiation of Proceeding. Revocation proceedings may be initiated
by the body issuing the permit: the City Council, Planning Commission,
or the Director.
B.
Public Notice, Hearing, and Action. After conducting a duly-noticed
public hearing, the applicable Review Authority shall act on the proposed
revocation.
C.
Required Findings. The Review Authority may revoke or modify
the permit if it makes any of the following findings:
1.
The
permittee obtained the approval by means of fraud or misrepresentation
of a material fact;
2.
The
permittee substantially expanded or altered the use, building, or
structure beyond what is set forth in the permit or substantially
changed in character;
3.
The
use in question has ceased to exist or has been suspended for 6 months
or more; or
4.
The
permittee has violated or failed to observe the terms or conditions
of the permit, or the permittee has conducted the use in violation
of the provisions of this Ordinance, or any applicable law or regulation.
D.
Notice of Action. A written determination of revocation shall
be mailed to the property owner and the permit holder within 10 days
of such determination.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A.
Appeal of Action.
1.
Any
person may appeal a discretionary decision of the Director to the
Planning Commission. A decision of the Planning Commission on such
appeal shall be final and not subject to further appeal to the City
Council.
2.
Any
person may appeal an original decision of the Planning Commission
to the City Council. A decision of the City Council on such appeal
shall be final and not subject to further administrative appeal.
3.
Once
an appeal is filed, the review is de novo, and the appellate body
may review and take action on all determinations, interpretations,
decisions, judgments, or similar actions taken which were in the purview
of the original hearing body on the application or project and is
not limited to only the original reason stated for the appeal.
B.
Procedures.
1.
Filing of Appeals.
a.
Appeals shall be addressed to the appellate body on a form prescribed
by the Director pursuant to this Section. The appellant shall state
the specific reasons for the appeal.
b.
An appeal of a discretionary Director action shall be filed with
the Department of Planning and Community Development within 14 consecutive
calendar days following the date the decision is made, unless it is
a Temporary Use Permit, in which case the appeal shall be filed within
7 consecutive calendar days following the date the decision is made.
c.
An appeal of a Planning Commission decision shall be filed with the
Director within 14 consecutive calendar days following the date the
decision is made.
2.
Appeals
shall be accompanied by the required filing fee.
3.
Submittal Requirements and Criteria. The
appeal shall set forth, in concise language, the following:
a.
Date of appeal;
b.
Name of appellant and the individual representing appellant;
c.
Address to which notices shall be sent;
d.
Telephone number of representative;
e.
Name of applicant, if different from appellant;
f.
Action or decision being appealed and the date of such action or
decision;
g.
Address and description of real property involved; and
h.
The specific grounds for appeal.
4.
Proceedings Stayed by Appeal. The timely
filing of an appeal shall stay all proceedings in the matter appealed,
including, but not limited to, the issuance of City building permits
and business licenses.
5.
Appeal Hearings. Public notice of an appeal
hearing shall conform to the manner in which the original notice was
given.
6.
Effective Date of Appealed Actions.
a.
Except as otherwise provided for in this Chapter, an action of the
Director appealed to the Planning Commission shall not become effective
unless and until approved by a majority of the Planning Commission
or by operation of law.
b.
An action of the Planning Commission appealed to the City Council
shall not become effective unless and until approved by a majority
of the City Council or by operation of law.
7.
Appeal Fees. Members of the City Council
and Planning Commission shall not be required to pay a fee when filing
an appeal.
C.
Public Notice and Hearing. Public notice shall be provided
and the hearing conducted by the applicable appeal body pursuant to
this Chapter. Notice of the hearing shall also be given to the applicant
and party filing the appeal and any other interested person who has
filed with the Director a written request for such notice. In the
case of an appeal of a Planning Commission decision, notice of such
appeal shall also be given to the Planning Commission. The Planning
Commission may be represented at the hearing.
D.
Action. An action to grant an appeal shall require a majority
vote of the hearing body members. A tie vote shall have the effect
of rejecting the appeal.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Whenever, in the opinion of the Director, or at the discretion
of the Planning Commission, there is any question regarding the interpretation
of the General Plan, Specific Plan, or the provisions of the Zoning
Ordinance or its application to any specific case or situation, that
warrants formal interpretation, the Director shall interpret the relevant
provision of the General Plan, Specific Plan, or Zoning Ordinance
by written decision which interpretation shall be placed on the Planning
Commission agenda as a discussion item.
A.
Effect. The interpretation shall become the standard interpretation
for future applications effective 14 consecutive calendar days from
the date of the Planning Commission meeting when the interpretation
appears on the agenda unless the Planning Commission decides at that
meeting to review the interpretation. Such review can occur either
at the same meeting that the interpretation first appears on the agenda
or at a subsequent meeting. The interpretation, as it may be altered
or revised by the Planning Commission, shall become effective 14 consecutive
calendar days from the date of the Planning Commission meeting when
the review occurs unless during that 14-day time period a member of
the City Council submits a written request to the Director that the
interpretation be placed on the City Council agenda for its review.
If such a Council member request is made and review undertaken, the
interpretation, as it may be altered or revised by the City Council,
shall become effective 14 consecutive calendar days from the date
of the City Council's review.
B.
Publication. The interpretation shall be published on the
Planning Division website after the interpretation becomes effective.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The decision-making body may withhold a requested approval if
it determines that the current applicant has not fulfilled a previous
condition or requirement from a previous approval granted to the applicant
on the subject property, and withholding the permit would encourage
compliance or is necessary to protect the public from future noncompliance.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
|
TABLE 9.37.160: APPLICATIONS AND PROCEDURES
| ||
|---|---|---|
|
Permit Type
|
Reviewing Authority
|
Appealable/Appeal Authority
|
|
Zoning Conformance Review
|
Director
|
No
|
|
Administrative Approval
|
Director
|
No
|
|
Conditional Use Permit
|
Planning Commission
|
Yes/City Council
|
|
Development Review Permit
|
Planning Commission
|
Yes/City Council
|
|
Minor Use Permit
|
Director Hearing (Zoning Administrator)
|
Yes/Planning Commission
|
|
Temporary Use Permit
|
Director
|
No
|
|
Minor Modification
|
Director
|
Yes/Director Hearing (Zoning Administrator)
|
|
Major Modification
|
Director Hearing (Zoning Administrator)
|
Yes/Planning Commission
|
|
Fence, Wall, Hedge Height Modification, Administrative
|
Director
|
No
|
|
Fence, Wall, Hedge Height Modification, Discretionary
|
Director Hearing (Zoning Administrator)
|
Yes/Planning Commission
|
|
Waiver
|
Director Hearing (Zoning Administrator)
|
Yes/Planning Commission
|
|
Variance
|
Planning Commission
|
Yes/City Council
|
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
For any specific project, the Planning Commission, rather than the Director or designee, shall approve, conditionally approve, or deny any application ordinarily subject to approval by the Director or designee if the application is filed concurrently with an application that is subject to Planning Commission review. The Planning Commission's determination on the application may be appealed to the City Council pursuant to Section 9.37.130.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
Any conditions of approval or approved project may be modified
upon application by the original applicant or any successor thereto.
The matter shall be considered following the same procedure that was
utilized when the original application was considered.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
