Special Uses are those uses of property which may be allowed only if specifically authorized by prior approval pursuant to this Article. Special Uses are deemed to be those uses that possess unique or special characteristics or needs and that may adversely affect the occupants of the subject property or of neighboring properties or the general public unless restrictions, site improvements and/or other conditions are imposed upon the subject property or use so as to satisfactorily mitigate, eliminate or prevent their potential adverse effects.
(Ord. 87-7 5-19-87)
The following uses are determined to be Special Uses requiring a permit to be granted pursuant to this Article prior to the initiation of any activity or development pertaining to these uses.
(A) 
Any use specified in the use regulations of each zone classification in this Chapter requiring Special Use Permit approval.
(B) 
Any of the following uses:
(1) 
Airports, heliports, helipads, helistops and any landing or take-off approach thereto.
(2) 
Billboards, roof signs and off-site signs as specified in Article 23 of this Chapter.
(3) 
Establishments or enterprises involving large assemblages of people, animals and/or automobiles (unless exempted per Section 12-27.1 or 12-95.2 of this Chapter) including, but not limited to:
(a) 
Carnivals.
(b) 
Open-air theaters.
(c) 
Recreation centers (privately owned).
(d) 
Zoos, menageries, and the like.
(4) 
Outdoor restaurants. (Exception: Outdoor restaurants on the public sidewalk in the C-1 Zone are exempt from Special Use Permit Approval.)
(5) 
Radio, television, microwave transmitters, wireless telecommunication facilities, subject to compliance with the provisions of Article 31 of this Chapter, and similar commercial broadcasting or transmitting structures.
(6) 
The conversion of service stations to other uses or to include additional uses not related to the servicing of automobiles.
(7) 
Conversion of any commercial property to vehicle sales and/or repair, except in the C-S or M-1 zones.
(8) 
Planned assembly development, per Article 18 of this Chapter.
(9) 
Development of sites for the removal of natural resources.
(10) 
Dumps and dump sites, hazardous waste management facilities, and refuse collection, recycling, disposal and/or reduction facilities including both those privately operated and those operated by a public agency.
(11) 
Shared parking lots for infrequent users, per Article 19 of this Chapter.
(12) 
Shopping centers per Article 1.1 of this Chapter.
(13) 
The inpatient sale or dispensing of medical marijuana in the R-M, C-1, C-2 and M-1 zones shall comply with standards outlined in Section 12-22.20 of Article 5.1 of this Chapter.
(14) 
Medical Enterprise Overlay Zone uses that exceed twenty-five thousand square feet in gross floor area or a combined value that exceeds $20,000.
(15) 
New or expanded free-standing, fast-food restaurants.
(16) 
New or expanded drive-throughs.
(Ord. 2119 9-1-72; Ord. 2167 1-22-74; Ord. 2270 11-2-76; Ord. 2278 3-22-77; Ord. 2346 7-3-79; Ord. 2356 10-9-79; Ord. 2358 11-6-79; Ord. 2426 9-21-82; Ord. 87-7 5-19-87; Ord. 90-1 5-1-90; Ord. 98-20 9-29-98; Ord. 02-14 3-19-02; Ord. 08-19 8-19-08; Ord. 08-20 8-26-08; Ord. 08-26 12-16-08; Ord. 11-07 6-14-11; Ord. 12-02 2-28-12; Ord. 23-18 9-12-23; Ord. 23-19, 9/26/2023)
The following temporary and/or seasonal uses are exempt from requiring a Special Use Permit if granted authorization by the Permits and Licensing Committee:
(A) 
Carnivals and similar temporary activities utilized for fundraising purposes by non-profit community organizations, not to exceed fourteen days per function (inclusive of set-up and tear-down).
(B) 
Fourth of July fireworks stands.
(C) 
Christmas tree sales lots.
(D) 
Halloween pumpkin sales lots.
(Ord. 87-7 5-19-87; Ord. 05-05 8-9-05)
The Planning Commission may grant a Special Use Permit if it finds that:
(A) 
The site for the proposed use is adequate in size and shape to accommodate the use and/or there exists, or there shall exist, adequate facilities and improvements on the site to accommodate the use.
(B) 
The site for the proposed use is served by streets of appropriate width and function to carry the kind of traffic to be generated, and the site has or shall have sufficient on-site parking facilities to comply with the provisions of this Chapter.
(C) 
The site for the proposed use is suitably zoned or otherwise designated for such use and the proposed development or use shall conform with the purpose and intent of the General Plan.
(D) 
The proposed use will not adversely affect neighboring properties, the occupants thereof or the permitted uses thereon, or the general public in terms of noise, litter, traffic, parking availability, health, safety or any other factor causing potential detriment to neighboring properties or property values.
If the Planning Commission, or the City Council, determines that any finding cannot be made, or that, even with conditions imposed upon the use or development of the site, any finding cannot be made, or that any use specified in Section 12-95.5 cannot comply with any criteria or conditions applicable for that use, the request for the Special Use Permit shall be denied.
(Ord. 87-7 5-19-87)
In addition to the required findings for a Special Use Permit contained in Section 12-95.3 of this Code, the following findings are required for approval of a Special Use Permit for this specific use:
Self-Storage Facility. That the self-storage facility is designed to be compatible with surrounding development and will serve as an enhancement to its neighborhood setting.
(Ord. 21-03 12-8-20)
In authorizing the granting of a Special Use Permit, the Planning Commission or City Council may impose conditions, restrictions, and/or site improvements to assure that the proposed use or development of the site shall continually satisfy the findings required for the granting of the Special Use Permit. The conditions may, therefore, be more restrictive or exacting than the minimum zoning and development provisions specified in this Chapter. The conditions may include, but are not limited to, the following:
(A) 
The location, orientation, height and bulk of buildings and other site structures.
(B) 
The location of such service facilities as parking, loading, mechanical equipment and refuse storage.
(C) 
The provision of additional facilities and site improvements necessary for the proper function of the use.
(D) 
The repair and/or alteration of existing facilities.
(E) 
The removal of obsolete, deteriorated or unnecessary facilities or site conditions.
(F) 
The provision of yards, setbacks, open spaces, buffers, walls and/or fences.
(G) 
The regulation of architectural features and the screening of equipment and other unsightly conditions.
(H) 
The regulation of signs, including the removal of nonconforming or unnecessary signs.
(I) 
The provision of landscaping and the continued maintenance of the grounds, landscaping or of any other facilities or improvements.
(J) 
Street dedication and improvements.
(K) 
The regulation of points of vehicular ingress and egress.
(L) 
Limits on types of activities that might be conducted and limits on time for conducting certain activities.
(M) 
The time period within which the proposed use shall be commenced and/or terminated, or within which site improvements shall be developed.
(N) 
The location and design of any hazardous waste management facility shall conform to applicable siting criteria of the Los Angeles County Hazardous Waste Management Plan.
(O) 
Compliance with other applicable State and City regulations and standards.
(P) 
The requirement of reasonable guarantees from the applicant that such conditions will be complied with.
(Q) 
Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Chapter and the General Plan.
(Ord. 87-7 5-19-87; Ord. 90-1 5-1-90)
In granting of a Special Use Permit for massage, acupressure and similar establishments, in addition to considering the conditions set forth in Section 12.95.4 above, the Planning Commission shall impose the following mandatory conditions upon such approval. It shall be unlawful for any existing or new property owner, operator, licensee, landlord, tenant, manager, agent, independent contractor or employee to permit, encourage or maintain an establishment in violation of any of these conditions.
(1) 
Location.
(a) 
No new massage or acupressure establishment shall be located within a five hundred foot radius of any other massage establishment or adult-oriented business.
(b) 
No new massage or acupressure establishment shall be located within a five hundred foot radius of any existing residence, recreation, park, or civic facility, or school as defined in Section 12-1.101.1 of the Inglewood Municipal Code.
(2) 
New applications for massage or acupressure establishments must first obtain conditional approval from the Permits and Licenses Committee per Article 3 of Chapter 8 of this Code, prior to making application for a Special Use Permit. Upon making application for Permits and Licensing approval, the applicant must submit a parking plan and detailed floor plan for the proposed acupressure/massage use. Any conditions required by the Committee shall also be conditions of approval for the Special Use Permit.
(3) 
Hours of operation shall be limited to the hours between seven a.m. and ten p.m.
(4) 
A list of available services and the cost of such services shall be posted in an open public place within the premises and shall be described in readily understandable language. No services other than those posted shall be offered or performed.
(5) 
The owner/operator and all technicians shall be properly schooled in the art of administering massage and/or acupressure treatments by a recognized school of massage and/or acupressure and must complete a minimum of one hundred sixty hours of instruction. Any recognized school or other institution of learning must have for its purpose the teaching of theory, method, profession, practice or work of massage technicians and must be a post-secondary institution, awarding degrees, diplomas or certificates, that is authorized to operate under Sections 94310 through 94315 of the California Education Code. The owner/operator shall provide their degree, diploma or certificate to the Planning Division with their Special Use Permit application. All technicians must provide their degree, diploma or certificate to the Chief of Police prior to being employed in the massage or acupressure facility. It shall be unlawful for any owner/operator and technician to conduct massage therapy without the aforementioned certifications.
(6) 
Each technician shall display his/her school certificate, diploma and degree, in a prominent place within the space where treatments are administered.
(7) 
All business and treatment rooms shall be subject to periodic inspection by the Police Department to insure that treatments are properly administered for therapeutic purposes.
(8) 
The owner/operator and each technician shall provide the Police Department with a one-inch by one-inch full-face photograph and copies of his or her State of California identification card and/or driver's license, Social Security card, school certification, degree and diploma.
(9) 
No treatment shall be given within any cubicle, room, booth or other area which is fitted with a door capable of being locked and/or obstructed; and all perimeter doors shall remain unlocked during business hours.
(10) 
Cleanliness. Adequate equipment for disinfecting and sterilizing any instruments used in performing the acts of massage shall be provided. Hot and cold running water shall be provided at all times. Separate closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked "Clean Linen" and "Soiled Linen." All physical facilities shall be kept in good repair and maintained in a clean and sanitary condition.
(11) 
Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker which is capable of being locked for each patron to be served, and a minimum of one toilet and one washbasin, shall be provided in every massage establishment; provided, however, that if male and female patrons are to be served simultaneously at the establishment, separate bathing, separate massage or acupressure rooms, separate dressing rooms and separate toilet facilities shall be provided for male and female patrons.
(12) 
A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage or acupressure services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers.
(13) 
No massage or acupressure treatments may be administered unless the patron wears clothing, which fully covers the genitals and also, if the patron is female, breasts.
(14) 
No person shall enter, be, or remain in any part of a massage or acupressure establishment while in possession of, consuming, or using alcoholic beverages or drugs, except pursuant to prescription for such drugs. The owner, operator, responsible managing employee or licensee shall not permit any person in violation of this Section to enter or remain upon the premises for they are held accountable for any and all illegal acts, which occur, on the premises.
(Ord. 01-14 10-2-01; Ord. 02-21 6-11-02)
In considering the granting of a Special Use Permit, any acupuncturist, chiropractor or similar establishments that offer any on-site massage or acupressure therapy must comply with all mandatory conditions set forth in Section 12.95.4.1 of this Code. In addition to any other conditions set, the Planning Commission shall make these conditions mandatory for such approval if on-site massage or acupressure therapy is offered. It shall be unlawful for any property owner, licensee, landlord, tenant, manager, agent, independent contractor or employee to permit, encourage or maintain an establishment in violation of any of these conditions.
(Ord. 01-14 10-2-01)
In addition to any other conditions set, the Planning Commission shall make the following conditions mandatory for any approval of a Special Use Permit for a tanning salon. It shall be unlawful for any property owner, licensee landlord, tenant manager, agent, independent contractor or employee to permit, encourage or maintain an establishment in violation of any of these conditions. In addition, the violation of these conditions may be used as a basis for revoking the establishment's business license pursuant to Section 8-47 et seq., of the Inglewood Municipal Code.
(a) 
No tanning salon shall be permitted within three hundred feet of a similar establishment.
(b) 
No tanning salon shall be permitted within a five hundred foot radius of any existing residence, recreation, park or civic facility, religious establishment or "school" as defined in Section 12-1.101.1 of the Inglewood Municipal Code.
(c) 
Prior to operating a tanning salon, the applicant shall: (1) obtain approval from the Permits and License Committee; (2) be granted a Special Use Permit from the Planning Commission or City Council; (3) obtain a Building Permit from the Building Official; and (4) obtain a business license from the Finance Director. Upon making application for Permits and Licensing approval, the applicant must submit a parking plan and detailed floor plan for the proposed tanning salon use. Any conditions required by Permits and License Committee shall also be conditions of approval for the Special Use Permit.
(d) 
A minimum of three tanning booths or beds with the appropriate tanning devices shall be provided in each tanning room. Any wall partition used to separate tanning booths, beds or similar tanning devices shall not exceed five feet in height, and there shall be an unobstructed view of the bed or device (no door or swinging gate).
(e) 
No toilets, sinks, baths, hot tubs, showers, or similar facilities shall be allowed in the tanning rooms or booths.
(f) 
Adequate dressing, locker, and toilet facilities shall be provided for patrons. Only one dressing, locker, and toilet facilities shall be provided for patrons at the site; provided, however, that if male and female patrons are to be served simultaneously at the establishment, two such facilities shall be provided. A maximum of two such facilities for any purpose are allowed at the business. Such facilities shall not contain beds, mats, couches, or similar furniture.
(g) 
The business shall comply with all local, state, and Federal health regulations including, but not limited to, the Filante Tanning Facility Act of 1988 (Section 22700 et seq., of the Business and Professions Code).
(h) 
The establishment shall be maintained in a sanitary condition at all times.
(i) 
Hours of operation shall be limited to the hours between seven a.m. and ten p.m.
(j) 
All business and tanning rooms shall be subject to periodic inspection by the Police Department and City Code Enforcement officials without the necessity of obtaining a search warrant to insure that only tanning related services are provided and that sanitary conditions are maintained at all times.
(k) 
No tanning services shall be given within any cubicle, room, booth or other area which is fitted with a door capable of being locked and/or obstructed; and all perimeter doors shall remain unlocked during business hours.
(l) 
No person shall enter, be, or remain in any part of the tanning establishment while in possession of, consuming, or using alcoholic beverages or drugs, except pursuant to prescription for such drugs. The owner, operator, responsible managing employee, or licensee shall not permit any person in violation of this Section to enter or remain upon the premises and shall be held accountable for any and all illegal acts, which occur, on the premises.
(Ord. 01-14 10-2-01; Ord. 02-21 6-11-02; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
In considering the granting of a Special Use Permit for any of the following uses, or for comparable uses, the Planning Commission, in addition to the conditions set forth above, shall consider the following criteria as additional conditions that may be imposed upon such approval:
(A) 
Adult Schools, Proprietary Schools, Trade Schools and similar uses.
(1) 
A detailed floor plan of the school facility shall be submitted as part of the Special Use Permit application. The plan shall specify which rooms will be used for classroom or other instructional purposes and which rooms will be used only for office or other instructional purposes. After approval of the permit, any change in the use of the rooms shall be subject to prior review by the Planning and Building Department Director to ascertain that such change will not permit an increase in the approved student capacity.
(2) 
Each room in the school facility shall be adequately posted with a sign specifying whether said room is approved for classroom use or for another use.
(B) 
Arcades, game, film, or video.
(1) 
An arcade shall not be located within three hundred feet distance of any elementary, junior high or senior high school.
(2) 
The hours of operation shall be limited to between ten a.m. and eleven p.m. for all days.
(3) 
No one under the age of sixteen shall be permitted within the premises prior to two-thirty p.m. on days when public schools are in session.
(4) 
The number of game machines shall not exceed one machine per each thirty square feet of floor area.
(5) 
An adult supervisor shall be located on a raised dais so positioned as to be able to readily observe all game machines and all areas of the business.
(6) 
An adult supervisor shall be present at all times during hours of operation and, if the number of machines exceeds forty, there shall be two adult supervisors present at all times during hours of operation.
(7) 
There shall be bicycle storage racks maintained off the public sidewalk to adequately accommodate bicycles utilized by patrons.
(8) 
No alcoholic beverages or cigarettes shall be sold or consumed on the premises. Appropriate notification of these restrictions shall be displayed within the premises.
(9) 
All requirements of the Inglewood Fire Department and the Division of Building and Safety including, but not limited to, exiting, fire extinguishers, and occupancy requirements shall be met at all times.
(10) 
The premises shall be fully and adequately lighted for easy observation of all areas of the premises.
(11) 
There shall be no amplified music audible on the exterior of the premises.
(C) 
Bars, Nightclubs, Dance Halls; Theaters and similar uses.
(1) 
Any business providing live entertainment and/or amplified music, inclusive of jukeboxes, shall be so designed or insulated so that the music or entertainment shall not be heard on the outside of the premises. Doors may be required to be self-closing; doors facing adjacent residences shall be used only as emergency exits and shall be provided with appropriate hardware and signs to be limited to such use.
(2) 
The management personnel of the business shall be responsible for continuously supervising and maintaining both the interior and exterior of the premises to control noise, patron behavior, loitering, littering and related activities during and following business hours.
(D) 
Outdoor Advertising Billboards and Off-site Signs.
(1) 
A billboard sign shall not obscure or block the visibility of any on-site signage of a neighboring business.
(2) 
A billboard sign should not interrupt the skyline or view in locations determined by the Planning Commission or City Council to be of particular scenic value for the community.
(3) 
A billboard sign shall be safely affixed to a ground surface or to a wall surface and shall be constructed of materials that are durable and not likely to fail, or become detached, dislodged, or that may contain corrosion or other conditions which make it aesthetically unattractive or unsightly in relation to the adjacent major arterial street.
(E) 
Conversion of Service Station Use.
(1) 
Whenever an additional use, such as a convenience market, is included upon the service station premises, the parking spaces required for the additional use shall be located as close as site conditions permit to said use. These parking spaces shall be specifically designated by Stenciled lettering or signs, to be available only for vehicles of customers patronizing the additional use.
(2) 
Whenever the dispensing of gasoline ceases, the pumps, pump island and canopy shall be removed. The underground tanks shall be removed or filled to the satisfaction of the Fire Marshal.
(3) 
Whenever the dispensing of gasoline ceases, curb breaks and driveways shall be removed and the raised curb and sidewalk shall be reconstructed, except as is necessary to provide minimum vehicular access to the site.
(4) 
Whenever the servicing of automobiles ceases, the vehicle service bay doors shall be removed and the openings shall be enclosed with permanent walls. Access to restrooms shall be so modified that there shall be no access without entering the main entrance of the building.
(F) 
Liquor stores and all other businesses selling alcoholic beverages (bona fide restaurants selling beer and wine only and grocery stores with a minimum floor area of ten thousand square feet are excluded).
(1) 
The interior of the store shall be fully and adequately lighted and arranged for easy observation of all areas of the premises by a supervisor.
(2) 
The management personnel of the business shall be responsible for continuously supervising and maintaining both the interior and exterior of the premises in terms of noise, patron behavior, loitering and related activities. The management personnel shall be responsible for the continual removal of litter from the premises and for the removal from neighboring properties of littered objects initially purchased from the subject store.
(3) 
There shall be no dispensing or sale of gasoline or other motor fuels from the premises on which liquor sales are permitted.
(G) 
Outdoor Restaurants. (Exception: Outdoor restaurants on the public sidewalk in the C-I Zone are exempt from Special Use Permit Approval).
(1) 
The outdoor dining area shall be separated from parking lots, driveways and public sidewalks by means of a wall, fence, glass, screen, hedge or other landscaping, or any combination of these. No tables, chairs or other dining facilities shall be permitted outside this specific, separated area. The outdoor dining area shall be located as distant from any neighboring residential property as site conditions permit.
(2) 
No service windows or order pick-up windows shall be located along or near any public sidewalk. All such windows, except when serving a vehicle drive-through lane, shall be located only within the separated outdoor area.
(3) 
Parking for the separated outdoor dining area shall be provided at the same floor area ratio as required for interior dining areas.
(4) 
Receptacles for refuse and litter should be placed within the separated outdoor dining area and/or within the parking lot in sufficient numbers and locations to facilitate their use by restaurant patrons.
(5) 
Exterior lighting for the dining area shall not shine onto any adjacent residential property.
(6) 
No live entertainment or amplified music shall be permitted on the exterior of the restaurant.
(7) 
The management personnel of the restaurant shall be responsible for continuously supervising and maintaining the exterior dining area and the parking lot in terms of noise, patron behavior and the removal of litter.
(H) 
Specialty Merchandise Marts.
(1) 
In lieu of fire-rated walls separating individual tenant spaces, individual tenant spaces may be demarcated by counters, display fixtures and low partitions that are all permanently constructed and affixed to the floor.
(2) 
Tenant spaces shall be maintained as designated on a floor plan, approved as part of the Special Use Permit, which specifically identifies the dimensions and locations of all counters, cabinets, partitions, shelves, aisles and other physical features of the mart's interior.
(3) 
All interior fixtures and physical improvements in the mart should conform to a common design theme.
(4) 
Aisles between tenant spaces shall be spacious, typically not less than twelve feet in width, and should not be unnecessarily circuitous or otherwise confusing for patrons to readily find tenant spaces or exit doors.
(I) 
Superstores.
(1) 
Definitions. For purposes of this Section the following words and phrases are defined as follows:
"Nontaxable merchandise"
means products, commodities, or items not subject to California State sales tax.
"Sales floor area"
means the interior building space elevated to the sale of merchandise, but excludes restrooms, office space, storage space, automobile service areas, or open-air garden sales space. For the purpose of determining the total sales floor area of a single retail business establishment, the aggregate square footage of all retail stores, warehouses, or distribution facilities on the same or adjacent lots, that share common controlling ownership interest shall be considered a single retail business.
"Superstore"
means the construction of, the addition to, or the alteration of any building or structures, for the purpose of containing a retail business that sells from the premises goods and merchandise, primarily for personal or household use, and whose total sales floor area exceeds one hundred thousand square feet and which devotes more than ten percent of sales floor area to the sale of nontaxable merchandise. The Planning and Building Department Director, the Planning Commission and/or the City Council shall have the discretion to apply this provision to a retail business whose total sales floor area is less than one hundred thousand square feet and which devotes more than ten percent of sales floor area to the sale of nontaxable merchandise, if warranted by circumstances.
This definition excludes wholesale clubs or other establishments selling primarily bulk merchandise and charging membership dues or otherwise restricting merchandise sales to customers paying a periodic assessment fee. This definition also excludes the sale or rental of motor vehicles, except for parts and accessories; and the sale of materials used in construction of buildings or other structures, except for paint, fixtures, and hardware.
(2) 
Review of Superstores.
(a) 
In addition to the standard submittal requirements for a Special Use Permit, an application which proposes a superstore shall submit an economic impact analysis report with its application to the Planning and Building Department Director.
(b) 
The economic impact report shall be prepared by a consultant approved by the City and paid for in full by the applicant. The report shall identify whether:
(i) 
The proposed use will have an adverse impact or economic benefit on grocery or retail shopping centers in the City;
(ii) 
The superstore would result in the physical displacement of any businesses, and, if so, the nature of the displaced businesses or whether it would create economic stimulation to the City of Inglewood;
(iii) 
The superstore would require the demolition of housing, or any other action or change that results in a decrease or negative impact on the creation of extremely low, very low, low or moderate income housing in the City;
(iv) 
The superstore would result in the destruction or demolition of park or other green space, playground, childcare facility, community center;
(v) 
The superstore would provide lower in cost and/or higher in quality goods and services and access to such goods to residents than currently available within the City of Inglewood;
(vi) 
The superstore would displace jobs within the City or provide economic revitalization and/or job creation. For purposes of determining this impact, the applicant must identify the number of jobs displaced or created, the quality of the jobs, whether the jobs are temporary or permanent, and the employment sector in which the lost jobs are located;
(vii) 
The superstore would have a fiscal impact either positive or negative on City tax revenue;
(viii) 
Any restrictions exist on the subsequent use of the property on which the superstore is proposed to be located, including the provisions of a lease if applicable, which, in the event the owner or operator of the superstore vacates the premises, would require the premises to remain vacant for a significant amount of time;
(ix) 
The superstore will result in any other adverse or positive economic impacts or blight;
(x) 
Any measures are available which will mitigate any materially adverse economic impacts, if any, identified by the applicant, if necessary.
(3) 
Finding. The City shall not approve any superstore project which it has found to have a material adverse economic impact on the City, taking into consideration all proposed mitigation measures.
(4) 
Following the denial of any application of superstore, no application for the same or substantially same approval shall be filed within one year after the date of denial.
(J) 
Ambulance Dispatch Facilities.
(1) 
Facilities must be located on and accessed from a major arterial, minor arterial, or collector street and the arterial or street must have a minimum of two continuous travel lane widths in both directions. Ambulances may not depart via an alley when responding to emergency calls.
(2) 
In a fully enclosed building, the site must contain staff break room(s), resting area(s), and restrooms.
(3) 
Prior to issuance of a business license, the facility shall be reviewed by Public Works in regards to signage or signals required in the public right-of-way to warn motorists, bicyclists, and pedestrians of emergency vehicles entering traffic. Any improvements required by Public Works shall be made prior to issuance of a business license.
(4) 
If no signage or signals are required by Public Works, the subject site shall be equipped with warning lights along the edge of the property abutting the public right-of-way which shall be activated only when an ambulance is departing from the site in order to warn motorists, bicyclists, and pedestrians.
(5) 
Ambulances shall travel on major corridors whenever possible and shall only use smaller streets to enter the immediate neighborhood of an emergency location or as needed due to a traffic obstruction.
(6) 
During the hours of ten p.m. and seven a.m., siren use shall be limited to only that needed for clearing traffic when an ambulance is responding to an emergency.
(7) 
When responding to an emergency, sirens shall not be used within one hundred feet of the ambulance dispatch facility site property line, except as needed to clear traffic.
(K) 
Automated Car Wash Facility.
(1) 
Hours of operation from eight a.m. to seven p.m.
(2) 
When adjacent to residential uses, vacuum facilities must be at minimum fifty feet away from any R zoned property.
(L) 
Drive-Through.
(1) 
Site design shall provide queueing for a minimum of eight cars.
(2) 
Vehicles queueing for the drive-through shall not obstruct any required parking spaces.
(3) 
Vehicles queueing for the drive-through shall not obstruct the public right-of-way.
(Ord. 87-7 5-19-87; Ord. 89-4 6-6-89; Ord. 91-22 8-27-91; Ord. 94-09 4-26-94; Ord. 94-21 11-1-94; Ord. 98-16 8-18-98; Ord. 98-20 9-29-98; Ord. 01-14 10-2-01; Ord. 02-14 12-15-01; Ord. 06-12 7-18-06; Ord. 08-05 4-22-08; Ord. 10-06 3-30-10; Ord. 11-07 6-14-11; Ord. 12-02 2-28-12; Ord. 12-21 10-30-12; Ord. 23-14 7-11-23; Ord. 23-19, 9/26/2023)
A covenant shall be recorded with the Los Angeles County Recorder by the owner of the subject property binding any subsequent owners of the property to any and all conditions of the Special Use Permit, necessary to run with the land, until such time that the use or development for which the Special Use Permit is required will be fully removed from the property.
(Ord. 87-7 5-19-87)
Notwithstanding any provision of this Article, no Special Use Permit shall be denied, nor shall any condition be imposed thereon, based upon any consideration to specifically preclude the exercise of a right guaranteed by the First Amendment of the United States Constitution.
(Ord. 87-7 5-19-87)
Whenever a provision of this Chapter requires the issuance of a Special Use Permit as a condition precedent to engage in any activity, construction, or use of property, the provisions of this Article shall govern the procedure for the issuance of a permit.
(Ord. 87-7 5-19-87)
Proceedings for a Special Use Permit may be instituted by the filing of a verified application with the Planning and Building Department Director by the owner of the property affected or an authorized representative of the owner, stating fully the grounds for the application and the facts relied upon, together with a fee as specified in the Master Fee Schedule.
(Ord. 2287 8-9-77; Ord. 2348 7-31-79; Ord. 2446 7-12-83; Ord. 08-05 4-22-08; Ord. 13-04 11-5-13)
Upon the filing of an application for a Special Use Permit, the Planning and Building Department Director shall set the matter for public hearing before the Planning Commission at a meeting not later than sixty days after the date of filing, or for condominium projects, not later than ninety days after the date of filing. The Director shall give notice of the hearing to consider the application for a Special Use Permit not less than ten days prior to the date of hearing by mailing a letter notice, first-class mail, to the applicant, to the owner of the property that is the subject of the application and to the owners of property within a five hundred foot radius of the exterior boundary of the subject property, using for this purpose the last known name and address of such owners as shown upon the assessment roll of this County: and notice of such hearing shall be published at least once in a newspaper of general circulation in the City at least ten days before the hearing. Both such notices shall contain a description of the property under consideration, the nature of the Special Use Permit requested, and the time and place at which the public hearing on the matter will be held.
Provided, however, that the failure of any person to receive notice shall not affect in any way, whatsoever, the validity of any proceedings taken under this Article nor prevent the Planning Commission or City Council from proceeding with any hearing so noticed.
(Ord. 2287 8-9-77; Ord. 2446 7-12-83; Ord. 87-7 5-19-87; Ord. 08-05 4-22-08)
In the event the applicant wishes to amend his or her application to alter the scope of the application for Special Use Permit prior to the mailing of the public notice, the applicant shall submit an amended application to the Planning and Building Department Director. No additional fee shall be required: however, such amended application may cause a delay not to exceed an additional thirty calendar days in the setting of a date for the public hearing.
In the event an amended application is submitted after the mailing of the public notice, such amended application shall be accompanied by a fee as specified in the Master Fee Schedule. The Planning and Building Department Director shall set the matter for a new hearing after the mailing of a new public notice in the same manner as upon the original application. The Planning and Building Department Director shall not permit the applicant to file any such amendment after the close of the public hearing or after an appeal has been made to the City Council unless such request to file an amendment is first approved by the City Council.
(Ord. 2348 7-31-79; Ord. 87-7 5-19-87; Ord. 08-05 4-22-08; Ord. 13-04 11-5-13)
At the time and place stated in the public notice, the Planning Commission shall conduct a public hearing where the applicant and any interested person may speak on the matter of the request for a Special Use Permit or may submit written statements about same. The Commission may continue said hearing for the purpose of considering further evidence. Upon conclusion of all testimony being given, the Planning Commission shall close the public hearing; however, in the event an amended application had been submitted, the hearing may be maintained as an open hearing and may be continued to the date set for the new hearing.
(Ord. 87-7 5-19-87)
Not more than forty calendar days following the close of the hearing, the Planning Commission shall announce its decision. The Commission shall announce its findings and determination by formal resolution and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the granting of the Special Use Permit necessary to carry out the provisions of this Article and the general purpose of this Chapter, specifically reciting how the requirements set forth in Section 12-95.2 have been met. Furthermore, if the Commission determines that the Special Use Permit be granted, the resolution shall recite such conditions and limitations the Commission determines to be imposed to serve the purpose of this Chapter.
(Ord. 87-7 5-19-87)
Within ten calendar days after the final action of the Planning Commission, the Planning and Building Department Director shall report the action of the Commission to the City Council, mail a copy of the report to the applicant and post a copy of the Commission resolution on the City Hall bulletin board for thirty days. The requirements of this Section with reference to reporting to the City Council may be satisfied by filing a copy of said resolution with the City Clerk for presentation to the City Council at its next regular meeting.
(Ord. 2287 8-9-77; Ord. 2348 7-31-79; Ord. 2446 7-12-83; Ord. 87-7 5-19-87; Ord. 08-05 4-22-08)
At any time after the action of the Planning Commission granting or denying a Special Use Permit, but prior to the expiration of twenty days after notice of the decision of the Commission in the matter shall have been mailed to the applicant and a certified copy of the resolution of the Planning Commission granting or denying the Special Use Permit shall have been posted on the City Hall bulletin board, the applicant or any person may appeal said decision, or any condition thereof, to the City Council. The appeal shall be made by filing a written notice of appeal with the Planning and Building Department Director, together with an appeal fee as specified in the Master Fee Schedule.
(Ord. 87-7 5-19-87; Ord. 08-05 4-22-08; Ord. 13-04 11-5-13)
In the event no appeal is filed, within the twenty days allowed, the decision of the Planning Commission shall become final.
(Ord. 2348 7-31-79; Ord. 87-7 5-19-87)
Upon the filing of an appeal from a determination of the Planning Commission in the matter of a Special Use Permit within the time permitted herein, the Planning and Building Department Director shall transmit the same to the City Clerk together with his or her entire file on the matter and the City Clerk shall present the same to the City Council at its next regular meeting. The City Council shall set the matter of the Special Use Permit for public hearing at a meeting occurring not sooner than twenty days and not more than fifty-five days after the appeal was taken. The City Clerk shall thereupon give public notice of the City Council's intention to consider the granting of a Special Use Permit by mailing a notice not less than ten days prior to the date of said hearing to the applicant, the appellant, the owners of the property that is the subject of the Special Use Permit and to the owners of property within a five hundred foot radius of the exterior boundaries of the property that is the subject of the Special Use Permit in accordance with the provisions for notification specified in Section 12-96.2. Such notice shall contain a description of property under consideration, the nature of the Special Use Permit requested, a summary of the action of the Planning Commission and the fact that an appeal was filed, and the time and place at which the public hearing on the matter will be held by the City Council.
(Ord. 87-7 5-19-87; Ord. 08-05 4-22-08)
The City Council shall hear the appeal at the time and place set forth in the public notice and may continue the hearing from time to time for the purpose of considering further evidence.
(Ord. 2348 7-31-79; Ord. 87-7 5-19-87)
Not more than forty calendar days following the close of the hearing the City Council shall, by formal resolution stating the findings and any conditions thereof, determine to grant or deny the Special Use Permit applied for and the decision of the City Council shall be final.
(Ord. 2348 7-31-79; Ord. 87-7 5-19-87)
The City Council may, at any time before or after closing its public hearing, request the Planning Commission to answer a question or questions relating to the matter before the City Council and the Commission may, without further hearing, consider and report its answers to the City Council.
(Ord. 1785 7-31-64; Ord. 1866 5-6-66; Ord. 1870 5-13-66; Ord. 2414 1-26-82; Ord. 87-7 5-19-87)
The authority granted by any Special Use Permit shall become null and void unless utilized within one year or, if the use is for condominiums. two years from the date the action granting the Special Use Permit becomes final: provided, however, that the Planning Commission or the City Council may provide a longer period in the action approving the Special Use Permit, in which case, the Special Use Permit shall become null and void unless utilized within that period.
The Planning Commission or the City Council, upon written request, may approve an extension to the time period not exceeding six months or, if the use is for condominiums, twelve months beyond the period provided in the granting of the Special Use Permit or the period in this Section, as the case may be.
(Ord. 87-7 5-19-87)
Following the denial or revocation of a Special Use Permit, no new application for a Special Use Permit for the same or substantially the same use or activity on the same or substantially the same site shall be filed within one year from the date of denial or revocation of said permit.
(Ord. 87-7 5-19-87)