(A)
A variance may be granted pursuant to this chapter. A variance will
not be granted to permit a use not permitted in the zone by this title.
(B)
To grant a variance the Planning Agency must find, based upon substantial
evidence:
(1)
That there are special circumstances applicable to real property,
involving size, shape, topography, location or surroundings, that
do not generally apply to other properties in the same zone;
(2)
Economic hardship, existing building configuration and intensification
of and uses are not considered hardships;
(3)
That because of such circumstances or conditions, a variance is necessary
for the preservation and enjoyment of a substantial property right
possessed by other real property in the vicinity and in the same zone,
but which is denied to the property in question because of the special
circumstances;
(4)
That the granting of the variance is consistent with the General
Plan and applicable law; and
(5)
That the granting of the variance will not result in material damage
or prejudice to other real property in the vicinity nor be detrimental
to public safety or welfare.
(C)
Applicability of special circumstances is determined by physical
characteristics related to the property.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
No height variance shall be granted within the City of Monterey
Park which would permit the construction of an additional story above
the number of stories which is permitted by the Monterey Park Zoning
Code or would allow construction to exceed the maximum heights permitted
by the Monterey Park Zoning Code by more than six feet.
(Ord. 2190 § 8, 2020)
(A)
A conditional use permit is intended to ensure that a proposed use
is compatible with surrounding legal uses.
(B)
To grant a conditional use permit the Planning Agency must find,
based upon substantial evidence:
(1)
That the site is adequate in size, shape and topography for the proposed
use including, without limitation, any required yards, walls, fences,
parking and loading facilities, landscaping, setbacks, and other development
standards required in this code;
(2)
That the site has sufficient access to streets and highways, adequate
in width and pavement type to carry the quantity and quality of traffic
generated by the proposed use;
(3)
That the proposed use is consistent with the General Plan, any applicable
specific plan, and applicable law;
(4)
That the proposed use will not create unusual noise, traffic, or
other conditions that may be objectionable, detrimental, or incompatible
with surrounding properties or other permitted uses in the City;
(5)
That the proposed use will not have an adverse effect on the public
health, safety and general welfare; and
(6)
That the use applied for at the location set forth in the application
is properly one authorized by conditional use permit pursuant to this
code.
(C)
Additional Conditional Use Permit Requirements. Before
the City grants a conditional use permit to a boarding house, the
Planning Commission or City Council must find:
(1)
Not more than four sleeping rooms may be rented.
(2)
The boarding house contains no healthcare facilities similar to those
found in a medical clinic.
(3)
Sleeping rooms cannot be rented for periods of less than 180 days.
(4)
Not more than two persons are permitted to occupy one rental room.
(5)
The proposed room rental meets the requirements of all applicable
law including, without limitation, building, fire and health regulation
requirements.
(6)
One uncovered on-site parking space must be provided for each sleeping
room.
(D)
The additional boarding house conditional use permit requirements
do not apply to the following uses if otherwise permitted by a valid
conditional use permit: congregate care facility (multiple units on
one property); fraternity/sorority house; home care licensed for seven
or more persons; senior housing; or transitional housing licensed
for seven or more persons.
(Ord. 2097 § 3, 2013; Ord. 2118 § 13, 2015; Ord. 2203 § 1, 2021; Ord. 2247, 9/4/2024)
(A)
The purpose of a minor modification is to streamline and expedite
the permitting process involving minor deviations to land use requirements.
The City Planner may grant minor modifications to certain development
standards and land use regulations of this code when such requests
constitute a reasonable use of the property not otherwise permissible
when strictly interpreting this code.
(B)
For good cause shown, the City Planner may grant approval of deviations
listed in Table 21.32(A).
|
Table 21.32(A)
Minor Modification Allowance
| |
|---|---|
|
Development standard
|
Maximum deviation
|
|
Decrease in required front yard depth
|
Not more than 10%
|
|
Decrease in required rear yard depth
|
Not more than 10%
|
|
Decrease in required side yard width
|
Not more than 10%
|
|
Increase in maximum fence/wall height
|
Not more than 10%
|
|
Decrease in driveway width
|
Not more than 10%
|
(C)
The City Planner may grant minor modification only if no other entitlements
are required and the City Planner makes the findings in this section.
Proposed deviations beyond the 10% limitation require a variance.
The City Planner may impose conditions of approval to ensure that
the deviation authorized does not constitute a granting of special
privileges inconsistent with the limitations upon other properties
in the vicinity within the zoning district in which the property is
located.
(D)
To grant a minor modification requires that the City Planner find:
(1)
The maintenance or operation of the use, building or structure is
not be detrimental to the health, safety and general welfare of persons
residing or working within the immediate vicinity or to property and
improvements in the neighborhood and vicinity.
(2)
The maintenance or operation of the use, building or structure is
consistent with the General Plan and compatible in architecture and
design with existing and anticipated development in the vicinity,
including the aspects of site planning, land coverage, landscaping,
appearance, scale of structures and open space and any other applicable
features relative to a compatible and attractive development of the
area.
(3)
The minor modification would not grant special privileges not enjoyed
by surrounding property owners.
(4)
There are physical circumstances due to the shape or condition of
the property which would result in a hardship under existing regulations.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
(A)
Applications for a variance, conditional use permit or minor modification
must be filed with the City Planner on forms furnished by the City.
(B)
Every application must be signed by the owner of the subject property
or by an authorized agent who files a letter of authorization with
the application.
(C)
Any applicant may withdraw an application by filing a written request
or by verbal request same at a public hearing (followed by written
confirmation); no refund of the filing fee is allowed.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
An application shall be accompanied by a filing and processing
fee in the amount set by resolution of the City Council.
(Ord. 2097 § 3, 2013)
Applications for a variance or conditional use permit found complete by the City Planner will be noticed for a public hearing before the Planning Agency. Appeals are governed by Chapter 1.10.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
(A)
Public hearing notices will be given at least 10 days before the
hearing by United States mail, postage prepaid, addressed to the applicant,
the owners of the subject property, and all owners of property located
within a radius of 300 feet from the parcel lines of the subject property.
Addressees will be as shown on the latest equalized assessment roll
of the County of Los Angeles, or from other records of assessor or
county tax collector which contain more recent and accurate addresses.
(B)
Notices must contain a description of the subject property, a brief
description of the proposed use, or variance request, and the date,
time and place of hearing.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
The City Planner is responsible for approving or denying minor
modifications. Notice of the City Planner's decision must be given
within five days before a decision to the City Council, Planning Commission,
the applicant, and all owners located within a radius of 100 feet
from the parcel lines of the subject property.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
(A)
The Planning Agency may approve, approve with conditions, or disapprove
applications in accordance with this chapter. Unless extended by mutual
agreement with the applicant, a decision must be rendered 40 days
after conclusion of the public hearing. If the Planning Commission
acts as the Planning Agency and a vote regarding the application results
in a tie, then the City Clerk will schedule a public hearing for the
next available regular meeting of the City Council.
(B)
The Planning Agency's decision must be memorialized by written resolution
and supported by substantial evidence. A decision must be made by
not less than three votes. The City Clerk will provide the applicant
with a copy of the decision within 10 days after is adopted.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
Where, for any reason, the Planning Commission acts as the Planning Agency and is unable to reach a determination as to a variance or conditional use permit application, within 40 days after closing the public hearing, the matter is deemed automatically appealed to the City Council in accordance with Chapter 1.10.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
(A)
Whenever an application or portion of an application is denied or
revoked and the denial or revocation becomes final, no new application
for the same or similar request may be accepted within one year of
the date from the denial, unless the City Planner finds that the conditions
surrounding the application have sufficiently changed to warrant a
new application.
(B)
For the purpose of this section, "changed conditions" means a substantial
change in land use on properties in the vicinity, improved infrastructure
in the vicinity, altered traffic patterns, or any such similar change
resulting in a changed physical environment.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
(A)
Revocation or Suspension. Upon recommendation by the City Planner,
Planning Commission, or the City Council, by motion, carried by at
least three affirmative votes, the body which granted a variance or
conditional use permit may conduct a noticed public hearing to determine
whether it should be revoked. If the granting body finds, upon substantial
evidence, any of the following facts to be present, it may revoke
the variance or conditional use permit:
(1)
That the variance or permit was obtained by fraud;
(2)
That the use for which such approval was granted has ceased to exist
or has not operated for a period of one year, as determined by substantial
evidence;
(3)
That the permit or variance granted is being, or has been, exercised
contrary to any conditions imposed upon such permit or variance, or
in violation of any law;
(4)
That an owner's association required by a conditional use permit
was never formed, was dissolved, regularly fails to enforce covenants,
conditions or restrictions ("CC&Rs") recorded on the property,
or fails to enforce conditions of approval imposed upon the development;
or
(5)
That the use for which the approval was granted is being exercised
so as to be detrimental to the public health or safety, or as to constitute
a nuisance.
(B)
The granting body may, but is not required to, suspend a conditional
use permit or variance if it finds that timely compliance will occur
without additional violations.
(Ord. 2097 § 3, 2013; Ord. 2132 § 1, 2016; Ord. 2191 § 5, 2020; Ord. 2203 § 1, 2021)
Except as otherwise provided, failure to utilize a variance or conditional use permit within one year after it is issued renders it void. Such invalidity must be confirmed in accordance with Section 21.32.150. If litigation is filed to challenge a before a variance or conditional permit, then this one year time period is tolled. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed by this section, once, for a period of not to exceed one year without a public hearing.
(Ord. 2097 § 3, 2013; Ord. 2132 § 1, 2016; Ord. 2203 § 1, 2021)
(A)
Conditions imposed upon the granting of a variance or conditional
use permit, including such granted before the adoption of these regulations,
may be modified or eliminated. Additionally, new conditions may be
added. Modifications may be initiated by the City Planner, Planning
Agency, or property owner. If the modification is initiated by the
applicant, the applicant must pay a filing fee established by city
council resolution.
(B)
To modify a variance or conditional use permit, the Planning Agency
must find that:
(1)
The proposed modification is consistent with applicable law;
(2)
The proposed modification is consistent with the General Plan;
(3)
The modification is consistent with the findings and intent of the
original approval; and
(4)
The proposed modification will promote the public convenience, health,
interest, safety, or welfare of the City, and will not adversely affect
the orderly development of property or the preservation of property
values.
(Ord. 2097 § 3, 2013; Ord. 2132 § 1, 2016; Ord. 2203 § 1, 2021)
(A)
Whenever the City Council or Planning Commission grants a variance
or conditional use permit, the granting authority may impose conditions,
as follows:
(1)
In the case of a variance, the granting authority may impose conditions
to ensure that the variance does not constitute a grant of special
privileges inconsistent with the limitations upon other properties
in the zone in which such property is situated.
(2)
In any case, the granting authority may impose such conditions as
are necessary to protect the public health, safety and general welfare
including, without limitation, conditions relating to yards, fences
and walls, dedications, improvements, landscaping, regulation of nuisance
factors, regulation of signs and such other matters as will make the
development compatible with the neighborhood.
(B)
For conditional use permits regulating residential or commercial
developments with five or more units, the granting authority must
include a condition requiring creation of an owner's association to
maintain the common areas within a development.
(C)
The City Council may adopt a resolution identifying standard conditions
of approval needed to implement this section.
(Ord. 2097 § 3, 2013; Ord. 2191 § 6, 2020)
Conditions of approval attached to conditional use permits and
variances may be reviewed annually by the City Planner for compliance,
and reported to the granting body on the applicable conditional use
permit or variance. Failure to conduct this review does not void or
otherwise affect the enforcement of any condition of approval. City
Council may establish a fee for such review as set by resolution.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
To become effective, a variance or conditional use permit must
be accepted and signed by the applicant within 30 days after the Planning
Agency grants the entitlement. The signature must be verified as required
by the City Planner. Failure to sign the variance or conditional use
permit renders it ineffective and void by operation of law; no additional
action is required by the City.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021)
(B)
Application and Review. To initiate the review process, an application
for an AUP must be filed with the City Planner on forms provided by
the City Planner. Within five working days of filing a petition, the
City Planner must notify the applicant as to the completeness of the
application. The City Planner may request any additional information
deemed necessary to evaluate the application. Failure of the City
Planner to respond within five working days renders the application
complete.
(C)
Decision. Within 10 working days from the date an application is
deemed complete, the City Planner must issue a written determination
as to the approval or denial of the application. The written determination
will state the findings for decisions. In approving an application,
the City Planner may attach conditions to the approval deemed necessary.
(D)
Findings. Before an AUP is granted, the City Planner must find that:
(1)
There is compatibility of the particular use on the particular site
in relationship to other existing and potential uses within the general
area in which the use is proposed to be located.
(2)
The proposed use is consistent and compatible with the purpose of
the zone in which the site is located.
(3)
The proposed location and use and the conditions under which the
use would be operated or maintained will not be detrimental to the
public health, safety or welfare, or materially injurious to properties
or improvements in the vicinity.
(4)
Potential impacts that could be generated by the proposed use, such
as noise, smoke, dust, fumes, vibration, odors, traffic and hazards
have been recognized and mitigated.
(5)
For alcohol related AUPs, the State Department of Alcohol Beverage
Control issued or will issue a license to sell alcohol to the applicant.
(E)
Drive-Throughs. For drive-through AUPs, the City Engineer may:
(1)
Authorize aisles to exit directly onto a public right-of-way.
(2)
Approve drive-through plans submitted by applicants where the underlying
zoning allows for such uses. Those plans must be prepared by a design
professional (e.g., a traffic engineer or architect). A drive-through
plan may provide for setbacks that differ from the underlying zone
if needed to accommodate vehicle queuing to help avoid stacking of
vehicles onto public roads.
(F)
Expeditious Review. An expedited AUP provides for the processing
of a completed AUP within a period not to exceed five total working
days. The City Planner is authorized to select and utilize the services
of a consultant, paid for by the applicant, for purposes of processing
the expedited review and written determination.
(G)
Planning Agency Review. Except for alcohol AUPs, written determinations
on administrative use permits, made by the City Planner must be placed
as receive and file items on the next available agenda of the Planning
Agency. Before the written determination being placed on a Planning
Agency agenda, the City Planner must give public notice with the Planning
Agency agenda, by mailing to interested parties requesting such notice,
and electronic posting on the City's website, of the intention of
the Planning Agency to receive and file the determination of the City
Planner. Any member of the Planning Agency may request that an item
be discussed and a decision on the application be made by the Planning
Agency instead of received and filed. Except for alcohol AUPs which
become final 10 days after being issued by the City Planner, no decision
of the City Planner is final until the decision is received and filed
or acted upon by the Planning Agency.
(Ord. 2097 § 3, 2013; Ord. 2203 § 1, 2021; Ord. 2228 § 6, 2023)
