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;
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)