The intent and purpose of this chapter is to establish regulations and procedures applicable to unusual uses of land where the circumstances and conditions require special attention, and where the application of this title during the course of the administration and enforcement, results in the inconsistency with the general intent and purpose thereof.
(Prior code § 9213.01)
Regulations governing special uses of land for which a conditional use permit is required shall be as set out in this chapter.
(Prior code § 9213.07)
A conditional use permit is intended to be used as a zoning instrument for the purpose of reviewing the characteristics and operations of particular uses of land the conduct of which may generally have a distinct impact on the area and in the zone in which they are located. The intent and purpose of this chapter is to also set forth provisions and regulations for the investigation, examination and review of the specific location, site development and other matters of concern wherein these uses of land are potentially capable of creating adversities and special problems not compatible and inconsistent with the intent and purpose of the particular zone classification in which they may be allowed.
(Prior code § 9213.07 (A))
Any use of land, as set forth in Chapter 18.40 of this title on land use regulations, and Section 18.56.050 of this chapter, that may require a conditional use permit prior to being allowed as a permitted use in the particular zone classification, or for expansion or intensification of such use or structure, shall also be subject to the regulations of this chapter prior to the issuance of any permit or other entitlement of any type or kind whatsoever.
(Prior code § 9213.07 (B))
A. 
All of the following uses of land, and all matters directly related thereto, are declared to possess characteristics of such unique and special form as to make impractical their being included automatically in any category of land uses as set forth in Chapter 18.40 of this title, and authority for the location, zone classification, operation and conduct thereof shall be determined by and subject to the issuance of a conditional use permit, except in the case of unclassified government owned or controlled land and facilities which shall be subject to approval of a precise plan of design. During the course of review, the planning commission or zoning administrator, as the case may be, shall determine that the characteristics of any such unclassified uses shall not be unreasonably incompatible with uses and development permitted in the area in which they may be located, and shall further establish and require such other conditions as may reasonably assure that the general intent and purpose of this title and the general plan will be served.
B. 
The following are declared to be unclassified uses subject to issuance of a conditional use permit:
1. 
Aeronautical landing fields and structures;
2. 
Barrow pits of a depth of two feet or more, and grading projects of excavation or fill of three feet or more;
3. 
Commercial recreation and facilities;
4. 
Development of natural mineral resources;
5. 
Mortuaries;
6. 
Commercial, privately owned and operated radio and television transmitters, antennas and associated facilities, except this shall not apply to satellite dish receiving antennas and to amateur radio/citizen band radio antennas in residential zones.
(Prior code § 9213.07 (G); Ord. 709 § 5, 1985; Ord. 745 § 3, 1988)
The planning commission and zoning administrator shall have and be vested with the power and authority, subject to the provisions of this chapter, to grant, at their discretion and upon such conditions as they deem necessary, such conditional use permits as may be determined to be in the best interests of the community provided that such permits are in harmony with the general intent and purpose of this Division and the General Plan.
(Prior code § 9213.07 (C))
The zoning administrator, prior to accepting an application for a conditional use permit or minor conditional use permit modification, shall determine whether or not a statement of environmental impact is to be required pursuant to the rules, guidelines or regulations duly adopted by the city council which are currently in effect and as may hereafter be amended.
(Prior code § 9213.07 (D))
Regulations governing the granting and issuance of a conditional use permit are as follows:
A. 
Application and Fees. Whenever a use of land is subject to the provisions of this chapter, the owner of the property upon which such use of land is proposed to be located shall file with the zoning administrator an application for approval of a conditional use permit, verified by said owner on forms prescribed by the zoning administrator, accompanied by an application filing fee in an amount established by a resolution of the city council. The application shall set forth and include any information as the zoning administrator may require.
B. 
Hearing on Application. Upon the filing of a verified application, and acceptance thereof, the zoning administrator shall transmit the application forthwith to the planning commission and the planning commission shall hold a public hearing thereon.
C. 
Public Hearing. The planning commission, upon receipt of an application shall commence to hold a public hearing thereon conducted in the following manner:
1. 
Setting of Hearing. The planning commission shall set a public hearing for consideration of an application for approval of a conditional use permit. The date set for the public hearing shall be not less than ten days nor more than forty days from the date of receipt of the application by the planning commission on the adoption of a motion thereof.
2. 
Notice of Hearing. Notice of the time, date and place of the public hearing shall be given in the following manner:
a. 
By at least one publication in a newspaper of general circulation with the city in an edition published therefor not less than ten days prior to the date set for said public hearing; and
b. 
By the mailing of such notice of public hearing not less than ten days prior to the date set for such hearing to the owner, applicant, lessee and/or other persons having vested interest therein, and to all owners of property within a radius of three hundred feet measured from the external boundaries of the property described in said notice of which such owners and property appear on copies of the equalized assessment roll of Los Angeles County on file in the office of the county assessor. Any error in the copy of the assessment roll shall not invalidate any act of the zoning administrator, planning commission or city council, as the case may be.
3. 
Form, Wording and Content of Notices. The form, wording and content of notices of public hearings shall consist of the words "NOTICE OF PROPOSED CONDITIONAL USE PERMIT," and shall set forth the day of the week, date, place or exact location, time, file number or other identification, name of the applicant or initiator, description of the matter under consideration, exact legal description of the property, and the address or general location thereof, relative to the public hearing or hearings to be held on the matter. Such notices shall appear in a format acceptable to the city planner.
4. 
Investigations. The planning commission shall cause to be made, by its own members and the zoning administrator, such investigations of facts bearing upon an application that will assure appropriate disposition thereof consistent with the provisions of this title and the general plan. The zoning administrator shall prepare and transmit a written report, based upon an inspection of the property and an examination of the application and other written investigations, to the owners and/or applicant and the planning commission not less than five days prior to the date set for public hearing.
5. 
Planning Commission Findings. The planning commission, upon hearing all testimony, upon examination and review of the application and investigations and report of the zoning administrator, upon ascertaining all other pertinent facts relative thereto and conclusion of the public hearing, shall determine whether or not the requirements for qualification have been shown, as hereinabove set forth, and shall make the appropriate findings applicable therewith.
6. 
Announcement of Findings Notice and Finality of Decisions. The planning commission shall announce its findings and decisions by formal written resolution within forty days after conclusion of the public hearing. Such resolution shall recite and set forth, among other things, the findings of fact, reasons, conditions, determinations and other matters which, in the opinion of the planning commission, make the approval, conditional approval or denial of the application considered necessary to carry out the general purpose and provisions of this title, and shall approve, conditionally approve or deny same. The planning commission shall forthwith give the owner, applicant, and/or any other persons connected with or having an interest in the application, including other city departments and agencies, written notice of its actions and decisions, together with a copy of the resolution. The actions and decisions of the planning commission shall be final and conclusive unless otherwise appealed as provided for in Chapter 18.64 of this title.
(Prior code § 9213.07 (F); Ord. 765 §§ 58, 59, 1989)
A. 
Prior to the granting of any conditional use permit or minor conditional use permit modification, the planning commission and zoning administrator, respectively, shall first determine whether or not the application therefor meets the requirements for such and shall make the following findings:
1. 
That the granting of such permit will be in the interest of furtherance of public welfare;
2. 
That the proposed use of land described in the application will not be detrimental in any way to other adjoining and neighboring properties in the general area in which the use is proposed to be located;
3. 
That the property described in the application is suitable for the proposed use of land;
4. 
That the traffic-generating capacity and operation of the proposed use of land will not place a demand for or burden upon other municipal improvements or services, or utilities;
5. 
That adequate consideration for the protection of the environment has been satisfactorily demonstrated;
6. 
That the proposed use of land is consistent with the provisions and objectives of the general plan; and
7. 
That adequate consideration has been given to assure the conservation and stabilization of property values, the direction of development and land use planning of the area in which the use is proposed to be located, that the character of the zone and area in which the use is proposed to be located, and the peculiar suitability of such zone and area for the particular use is maintained and consistent with the community's overall planning program.
B. 
No property shall qualify for a conditional use permit or conditional use permit minor modification unless each and every requirement and finding hereinabove set forth in this chapter can be shown and that the planning commission and zoning administrator, as the case may be, can make the findings of same.
(Prior code § 9213.07 (E))
Whenever a practical difficulty occurs or unforseen circumstances arise during the course of exercising a conditional use permit issued in accordance with the provisions of this chapter, and which may necessitate a minor modification of such conditional use permit, a conditional use permit-minor modification may be issued for such modification in accordance with the provisions as hereinafter set forth:
A. 
Application for Permit Fees. Any owner of property for which a conditional use permit has been issued and is currently in effect, and who is desirous of a minor modification thereof, may file with the zoning administrator an application for approval of a conditional use permit-minor modification, verified by said owner on forms prescribed by the zoning administrator, accompanied by an application filing fee in an amount established by a resolution of the city council. The application shall set forth and include any information as the zoning administrator may require.
B. 
Qualifications for Filing. Any application filed for a minor modification that also complies with the requirements and findings as set forth in Section 18.56.090 of this chapter, but which only involves a minor modification in the site development plan or arrangement of facilities adequate to accommodate the operation of the use of land or the interior remodeling of an existing use operating under a valid conditional use permit, or any of the conditions of permit issuance, and determination thereof has been made at the discretion of the zoning administrator, may qualify for a conditional use permit-minor modification.
C. 
Authority of Zoning Administrator. The zoning administrator shall have and be vested with the power and authority to approve a conditional use permit-minor modification at his or her sole discretion; provided, however that such modification is in fact minor in scope and nature and only involves minor adjustments to retain the integrity of the conditional use permit. The zoning administrator shall not issue such minor permit when a conditional use permit has not been issued or is not in effect or there are any violations thereof in existence, or involves the waiver or deletion of any condition of a conditional use permit. The zoning administrator shall have the sole option to hold a public hearing on the matter in the same manner as required for a conditional use permit. The zoning administrator shall process such application for conditional use permit-minor modification, which does not require a public hearing, in the following manner:
1. 
Investigations. The zoning administrator, upon receipt and acceptance of an application, shall make and cause to be made such investigations of the facts bearing upon the application what will assure appropriate disposition thereof.
2. 
Findings. The zoning administrator, upon conducting an inspection of the property involved, upon examination and review of the application and investigations, and upon ascertaining all other pertinent facts relative thereto, shall determine whether or not the requirements for qualification have been shown, as hereinabove set forth in Section 18.56.090, and the application therefor qualifies for a conditional use permit-minor modification, and shall make the appropriate findings applicable therewith.
3. 
Announcement of Findings Finality of Decisions. The zoning administrator shall announce his or her findings and decisions by formal written declaration of findings and decisions not more than fifteen days after acceptance of an application. Such declaration shall recite and set forth, among other things, the findings of fact, determinations, reasons, conditions and other matters which, in the opinion of the zoning administrator, make the approval, conditional approval or denial of the application considered necessary to carry out the general purpose and provisions of this title, and shall approve, conditionally approve or deny same. The zoning administrator shall forthwith give the owner, applicant and/or any other persons connected with or having an interest in the application, including other city departments and agencies, written notice of his or her actions and decisions together with a copy of the declaration. The actions and decisions of the zoning administrator shall be final and conclusive unless otherwise appealed as provided for in Chapter 18.64 of this title.
(Prior code § 9213.07(H); Ord. 765 § 60, 1989)
The zoning administrator may issue a conditional use permit approved by the planning commission and a conditional use permit-minor modification on his or her own approval which comply with the provisions of this chapter, on forms prescribed by the zoning administrator, and may require additional terms and conditions of permit issuance considered necessary to assure the integrity of the permit and property in the area, vicinity and zone classification, and to be certain that such permit is not discriminatory or in effect granting a special privilege not otherwise shared. A building permit shall be obtained within two years from the date of approval unless otherwise specified in the conditional use permit as a condition of approval or such permits shall automatically become null and void and shall not be reconsidered except upon filing a new application. The zoning administrator may, however, establish a greater time period for compliance with conditions of conditional use permit approval as she or he deems necessary during the review process. The zoning administrator may defer any extension of time to the planning commission for applications she or he deems of a complex nature or as deemed necessary. During the course of exercising the conditional use permit, the applicant may file a request, in writing, with the planning division for an extension of the time period, provided that such request is so filed not less than thirty days prior to the expiration date established for compliance with the conditions of permit approval. Should, at any time during the period which such permits are in effect, the zoning administrator finds that performance thereof is in violation of the provisions of this chapter and/or terms and conditions subject thereto, he or she shall forthwith by declaration serve notice of revocation thereof and shall revoke same.
(Prior code § 9213.07(I); Ord. 1170 § 9, 2023)