Note: Prior ordinance history: Ords. 178, 543 and 502.
The procedures specified in this chapter shall govern all hearings held before the council or commission for the purpose of determining whether to grant, deny or revoke any conditional use permit or exception.
(Ord. 542 § 19, 1987; Ord. 545 § 1, 1988)
Any person desiring any conditional use permit or exception required by, or provided for, in this title shall file an application therefore with the city pursuant to this chapter.
(Ord. 542 § 19, 1987; Ord. 545 § 1, 1988)
Such application shall contain:
A. 
The name and address of the applicant;
B. 
Evidence that the applicant:
1. 
Is the owner of the premises involved, or
2. 
Has the permission of such owner to make such application, or
3. 
Is or will be the plaintiff in an action in eminent domain to acquire the premises involved;
C. 
The legal description of, and if there is a street address, the street address, otherwise a description of, the premises upon which the requested use is to be maintained;
D. 
If the applicant is not the owner, the name and address of the owner, and the nature of the applicant's interest in the premises involved;
E. 
A detailed site plan showing, at a minimum, the proposed location of all buildings and structures, landscaped areas, parking areas, driveways and means of ingress and egress;
F. 
A statement detailing the uses for each building and structure as shown on the site plan;
G. 
Three copies of white background prints of a map drawn to scale specified by the city engineer, showing the location of the property concerned, and the location of all highways, streets and alleys and all lots and parcels of land within a distance of seven hundred feet from the exterior boundaries of the proposed use;
H. 
One copy of the map referred to in subsection G of this section shall show the use to which each and every lot and parcel of land is put;
I. 
1. 
A certified list as shown on the last equalized assessment roll of the county of Los Angeles of the names and addresses of all persons to whom all property is assessed:
a. 
Within one and one-half miles of the exterior boundaries of a proposed cemetery,
b. 
In all other cases within three hundred feet from the exterior boundaries of the proposed use,
2. 
In addition to such list, two sets of gummed labels, adequate for use to address envelopes containing notices, with such addresses printed thereon;
J. 
The accuracy of such maps and list is the responsibility of the applicant;
K. 
Such other information as may be reasonably required by the city manager. The city manager may waive the filing of one or more of the items set forth in this section.
(Ord. 542 § 19, 1987; Ord. 545 § 1, 1988)
If an application is filed pursuant to this chapter, the applicant shall deposit with the city clerk the required filing fee of two hundred and fifty dollars.
(Ord. 542 § 19, 1987; Ord. 545 § 1, 1988)
Upon the filing of a complete application pursuant to this chapter and the making of the required deposit to cover the fee, the city shall fix a time and place for a public hearing before the planning commission. The city shall cause notice of such public hearing to be given pursuant to Section 65091 of the Government Code. Prior to such hearing, the executive director of the Industry urban development agency shall determine whether the proposed use is consistent with the provisions of the applicable redevelopment plan, if any, and shall report his or her findings to the planning commission. At the conclusion of the hearing, the planning commission may approve or deny an application for conditional use permit provided it makes written findings with respect to all of the following:
A. 
Whether the proposed use is consistent with the goals and objectives of the general plan and any applicable redevelopment plan;
B. 
Whether the site is adequate in size, shape, topography and location for the proposed use and there will be adequate utilities to accommodate the proposed use;
C. 
Whether there will be adequate street access, traffic circulation and parking capacity for the proposed use;
D. 
Whether the proposed use is compatible with the surrounding properties and uses; in making this finding, consideration shall be given to the potential for changes in the uses of surrounding properties;
E. 
Whether the proposed use will not be detrimental to the public health, safety or general welfare.
The ultimate decision of the planning commission with respect to the granting or denying of such application must be justified based upon substantial evidence in view of the whole record of the proceedings before the planning commission with respect to said application.
(Ord. 542 § 19, 1987; Ord. 545 § 1, 1988; Ord. 567-U § 1, 1989)
In the event that the planning commission grants a conditional use permit or exception, it may impose any conditions related to the proposed use which it deems reasonably necessary to further the purposes and intent of this title, to enable it to make the findings referred to in Section 17.48.050, or to protect the public health, safety and general welfare.
(Ord. 542 § 19, 1987; Ord. 545 §§ 1, 2, 1988)
Written notice of the planning commission's decision shall be mailed to the applicant at the address shown upon the application. The action of the planning commission shall be effective ten days following the mailing of such notice, unless, within such ten-day period an appeal in writing is filed with the city clerk by either the applicant or any other interested person, along with the appropriate appeal filing fee, in accordance with the provisions contained in Section 17.04.090 of this code.
(Ord. 542 § 19 1987; Ord. 545 § 1, 1988; Ord. 669 § 16, 2001)
A. 
If the planning director or his or her designated representative determines that any condition of any conditional use permit, exception, or use permit issued pursuant to Chapter 17.44 or any provision of this title has been violated, or that any use is being exercised in such a manner as to constitute a public nuisance, the planning director shall cause a notice of violation to be mailed, by certified or registered mail, to the owner and occupant of the property, at his or her last known address, specifying the violation occurring, the remedial action required, and a reasonable time within which such remedial action must be completed. If the violation is not corrected or corrective measures are not commenced to the satisfaction of the planning director within the time stated in the notice of violation, the planning director shall set a hearing pursuant to this chapter before the planning commission for the revocation or suspension of the permit or exception and, in the event such violation or condition constitutes an immediate threat to health, safety or welfare, he or she may order immediate termination of the use, pending such hearing. After the public hearing, the planning commission may revoke, suspend or modify any conditional use permit, exception, or use permit which has been granted under either the provisions of this title or of any ordinance superseded by this title or of any ordinance superseded by this title on any one or more of the following grounds:
1. 
That such approval was obtained by fraud;
2. 
That the use for which such approval was granted is not being exercised;
3. 
That the use for which such approval was granted has ceased or has been suspended as provided in section 17.04.100;
4. 
That the use for which the conditional use permit, exception, or use permit was granted is being or recently has been exercised contrary to the terms or conditions of such approval or is in violation of any statute, ordinance, law or regulation;
5. 
That the use for which the approval was granted is so exercised as to be detrimental to the public health, safety or general welfare, or so as to be a nuisance.
B. 
The decision of the planning commission shall be final unless appealed to the city council as provided in Section 17.04.090 of this code.
(Ord. 542 § 19, 1987; Ord. 545 §§ 1, 2, 1988; Ord. 669 § 16, 2001)
The city council or the planning commission may continue any hearing required by this chapter from time to time.
(Ord. 542 § 19, 1987; Ord. 545 § 1, 1988)