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provided for in this Ordinance, unless superseded by specific requirement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)
