The intent and purpose of this Chapter is to set forth and establish the provisions for permits and approvals for new and existing uses and development.
Purpose. The intent and purpose of this Section is to set forth and establish procedures and requirements for Administrative Use Permits (AUPs) to ensure uses are consistent with the goals, policies, and actions of the City's General Plan and purpose of the zone where they are proposed (formerly known as Precise Plan of Design prior to Date of Adoption).
An AUP is required for uses and developments identified in Division 3 (Zones and Zone-Specific Standards) of this Title and/or any other section of this Title which requires approval of an AUP. The use shall be subject to the provisions of this Section prior to the issuance of any permit or approval.
An AUP applies to uses and developments that require special consideration and application of specific conditions of approval, including operation, design, and location, to minimize potential impacts and ensure that the proposed use can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of and/or minimize incompatibility with surrounding uses.
Review Authority. The Zoning Administrator shall act as the Review Authority and approve, conditionally approve, or deny applications for AUPs in accordance with the requirements of this Section.
Application and Fees. An application for an AUP shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees). The application shall be filed with the Planning Division and include any information the Zoning Administrator may require.
Conditions of Approval. The Review Authority shall impose conditions or restrictions to address anticipated impacts and may modify or add conditions after the issuance of the AUP to address new impacts that adversely affect the public health, safety, or general welfare of the community that were not previously documented at the time of approval.
Notice of Decision. The Zoning Administrator shall announce their findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).
Purpose. The intent and purpose of this Section is to set forth and establish procedures and requirements for Conditional Use Permits (CUPs) to ensure uses are consistent with the goals, policies, and actions of the City's General Plan and purpose of the zone where they are proposed.
A CUP is required for uses and developments identified in Division 3 (Zones and Zone-Specific Standards) of this Title and/or any other section of this Title which requires approval of a CUP. The use shall be subject to the provisions of this Section prior to the issuance of any permit or approval.
A CUP applies to uses and developments that require special consideration and application of specific conditions of approval, including operation, design, and location, to minimize potential impacts and ensure that the proposed use can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of and/or minimize incompatibility with the surrounding uses.
Review Authority. The Planning Commission shall act as the Review Authority and approve, conditionally approve, or deny applications for a CUP in accordance with the requirements of this Section.
Application and Fees. An application for a CUP shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees). The application shall be filed with the Planning Division and include any information the Zoning Administrator may require.
The proposed use of land and development is allowed within the applicable zone and complies with all other applicable provision of the Pico Rivera Municipal Code and this Title;
The operating characteristics of the proposed use, including traffic, noise, light, and others performance standards, will be compatible with and will not adversely affect or degrade the character of the surrounding neighborhood, other adjacent uses or uses in the vicinity, public health, safety, or general welfare of the community; and
The site is physically suitable for the proposed use of land and development and has adequate access to public facilities and utilities, or will have access concurrent with the proposed development, and shall not place a demand for or burden upon other municipal improvements, services, or utilities.
Conditions of Approval. The Review Authority shall impose reasonable conditions or restrictions to address anticipated impacts and may modify or add conditions after the issuance of the CUP to address new impacts that adversely affect the public health, safety, or general welfare of the community that were not previously documented at the time of approval.
Public Notice and Hearing. The Zoning Administrator shall transmit an application for a CUP to the Planning Commission, and the Planning Commission shall hold a public hearing in a reasonable and timely manner in compliance with Section 18.04.040 (Public Noticing and Hearings).
Notice of Decision. The Review Authority shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).
Purpose. The intent and purpose of the Minor Modification Permit is to establish procedures and requirements for revising and modifying an approved CUP in accordance with this Subsection.
Applicability. A CUP may be modified whenever a practical difficulty occurs or unforeseen circumstances arise during the exercising of a CUP provided that the CUP is in effect, there are no existing violations, and requested revisions are consistent with the original findings approved by the original Review Authority and are limited to the following, at the discretion of the Zoning Administrator:
Application Requirements. An application for a Minor Modification Permit shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees). The application shall be filed with the Planning Division and include any information the Zoning Administrator may require.
Review Authority. The Zoning Administrator shall act as the Review Authority and approve, conditionally approve, or deny applications for Minor Modifications in accordance with the requirements of this Subsection.
Required Findings. Prior to the granting of any Minor Modification Permit the Review Authority shall determine whether the applicability requirements for qualification have been met and shall make the findings required for the original CUP, or as provided for in this Section.
Public Noticing and Hearing. A public hearing and subsequent noticing are not required for a Minor Modification Permit. The Zoning Administrator may require a public hearing if they determine the development may generate substantial public interest, in which case it shall be held in the same manner as required for a CUP, if applicable.
Notice of Decision. The Zoning Administrator shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).
Purpose. The intent and purpose of this Section is to set forth and establish procedures and requirements to permit short-term uses and activities in temporary facilities or outdoors, which will not alter the character or physical facilities of the site.
Applicability. A Temporary Use Permit (TUP) shall be required for the following uses subject to the provisions of this Section prior to the issuance of any permit or approval, and other applicable approvals and licenses and inspections as required by State law. In addition to the required fee for a TUP, a cash bond in an amount established by a resolution of the City Council shall be posted with the City to guarantee the removal of all merchandise. A TUP may be issued for the following uses:
Christmas Tree/Pumpkin Patch Sales Lots. Permitted on a temporary basis for a maximum of 30 days in the CPD, C-G, C-M, I-L, I-G, and IPD zones. Also permitted in the R-E and S-F zones if operated by a community or nonprofit group.
Fairs, Festivals, and Concerts. When not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities.
Promotional Sales. Temporary outdoor display/sales of merchandise permitted in any commercial zone, provided that there shall be no more than three such displays/sales in any one 12-month period and are not conducted for a period of more than four consecutive days, that such merchandise is customarily sold on the premises, and that such premises are utilized for a permanently established business.
The merchandise offered for sale shall only be used household goods belonging to the property owner or occupant. Merchandise which is obtained for the sole purpose of resale is considered a business and is strictly prohibited. Not more than five items of the same kind, type, or model shall be displayed at any time, and not more than two residential appliances can be displayed at any time.
Canopies, tables, racks, and other fixtures associated with the set-up of a permitted yard sale may be placed outside as early as 5 p.m. on the day prior to the first day of the sale and shall be removed from public view by 9 p.m. on the final day of the sale.
None of the following items shall be sold, exchanged, or bartered at any garage or yard sale: food or beverages, alcoholic beverages, tobacco products, controlled substances, illegal substances, commercial appliances and equipment, firearms, ammunition, explosives, animals and livestock, items where the serial number has been removed, stolen merchandise, or any item prohibited by the City, County, State, or Federal government.
Review Authority. The Zoning Administrator shall act as the Review Authority and approve, conditionally approve, or deny applications for TUPs in accordance with the requirements of this Section.
Application. An application for a TUP shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees). The application shall be filed with the Planning Division and include any information the Zoning Administrator may require.
The operation of the requested use at the location proposed and within the time period specified will not adversely affect the public health, safety, or general welfare of the community;
The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quality of traffic that such temporary use will or could reasonably generate;
Adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on site or at alternate locations acceptable to the Zoning Administrator; and
The use would not jeopardize the public peace, safety, or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.
Conditions of Approval. The Zoning Administrator may impose conditions deemed necessary to ensure compliance with the required findings provided in Subsection F (Required Findings) of this Section. The conditions of approval shall address pertinent factors affecting the operation of the temporary use and will include, but are not limited to:
Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, odors, gases, and heat;
Regulation of temporary buildings, structures, and facilities, including placement, height and size, location of equipment, and open spaces, including buffer areas and other yards;
Submission of a performance bond or other surety device to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition with no trash or debris remaining in the surrounding area; and
Such other conditions which will ensure the operation of the requested temporary use in an orderly and efficient manner and in accordance with the intent of this Section.
Notice of Decision. The Review Authority shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).
Effective Date. All temporary uses shall obtain a City business license to operate. Issuance of TUPs shall not become effective until a business license has been obtained.
Appeals. The actions and decisions of the Zoning Administrator may be appealed as provided for in Section 18.04.100 (Appeals), except that the appeal may be filed no more than three days after the decision of the Zoning Administrator.
Purpose. The intent and purpose of this Section is to establish regulations and procedures to provide relief from the strict and literal administration, enforcement, and interpretation of this Title where it creates practical difficulties, unnecessary hardships, or inconsistencies, or deprives the property owner of privileges enjoyed by other property in the same vicinity and zone.
Applicability. A Variance or Minor Variance Permit is only appliable to those regulations governing the physical development of property, including development and design standards provided in Division 3 (Zones and Zone-Specific Standards) and Division 4 (Supplemental Citywide Regulations) of this Title and shall not in any manner apply to uses of land.
Minor Variance. The Zoning Administrator shall act as the Review Authority and approve or deny applications for Minor Variances in accordance with the requirements of this Section.
Variance. The Planning Commission shall act as the Review Authority and approve or deny applications for Variances in accordance with the requirements of this Section.
Application Requirements. An application for a Variance or Minor Variance shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees). The application shall be filed with the Planning Division and include any information the Zoning Administrator may require.
Applicability. A Minor Variance Permit may not exceed a 25% increase or reduction of the minimum or maximum regulation, or as otherwise provided in this Title, and shall not involve a request from more than three regulations.
Notice of Decision. The Zoning Administrator shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).
Applicability. Any variations exceeding the requirements for Minor Variances as provided for above in Subsection E (Minor Variances) of this Section shall be subject to a Variance.
Public Notice and Hearing. The Zoning Administrator shall transmit an application for a Variance to the Planning Commission, and the Planning Commission shall hold a public hearing in a reasonable and timely manner and in compliance with Section 18.04.040 (Public Noticing and Hearings).
Notice of Decision. The Planning Commission shall announce its findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).
There are exceptional and extraordinary circumstances and conditions which apply to the subject property or affect the intended use that do not generally apply to other property or similar uses in the same vicinity and zone;
The strict and literal enforcement of specified regulations of the Zoning Code would result in practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property involved;
The granting of the application is necessary for the preservation and enjoyment of a substantial property development right possessed by other property in the same vicinity and zone but which is denied to the property involved;
The granting of the application will not be materially detrimental to the public health, safety, environment, and general welfare, or materially injurious to other properties, improvements, or uses in the same vicinity or zone; and
The granting of the application will be in harmony with and will not adversely affect the provisions of this Title and the goals, policies, and actions of the General Plan.
Conditions of Approval. The Review Authority may impose reasonable conditions deemed necessary to comply with the findings as required in Subsection G (Required Findings) of this Section and may require additional conditions of approval considered necessary to assure the integrity of the permit and property in the area, vicinity, and zone.
Revocation. Variances and Minor Variances are effective and may be revoked as provided for in Section 18.04.090 (Revocation of Permits or Entitlements).
Expiration and Extension. A Variance or Minor Variance may only be extended or may expire as provided for in Section 18.04.080 (Expiration and Extension).
Purpose. The intent and purpose of this Subsection is to set forth and establish standard planning review procedures for ministerial applications used to ensure that uses and structures are in accordance with the applicable requirements of this Title.
Applicability. A Zoning Consistency Review is required for all new and modified uses and structures proposed as part of any nondiscretionary construction or installation application. Ministerial developments subject to a Zoning Consistency Review shall meet all objective standards provided in this Title.
Review Authority. The Zoning Administrator or designee shall have the authority to review and approve Zoning Consistency Reviews in accordance with the procedures and requirements of this Subsection.
Submission Requirements. A set of architectural plans shall be submitted for review to the Planning Division. The Zoning Administrator may request additional information and supporting documentation necessary to confirm that the proposed use of the site complies with all the applicable provisions of this Title.
Traffic Study, Noise Study. Vibration Study, Queuing Study and any additional studies and/or information may be required as deemed necessary by staff to adequately review the project.
The Zoning Administrator shall make a determination whether a proposed use, activity, or structure is allowed without requiring discretionary review by this Title and that it conforms to all applicable development and use standards, including applicable objective standards.
The Zoning Administrator shall ensure the proposed use of the site complies with all the applicable provisions of this Title prior to approving a Zoning Consistency Review.
Purpose. The intent and purpose of this Subsection is to set forth and establish procedures and requirements governing home occupations, in conjunction with the requirements in Section 18.22.130 (Home Occupations).
Applicability. Pursuant to the requirements of this Title, home occupations are allowed as an accessory use in any lawfully constructed and occupied dwelling units as permitted by this Title. A Home Occupation Permit shall be required for all home occupations in legally permitted dwelling units.
Review Authority. The Zoning Administrator shall have the authority to review and approve Home Occupation Permits in accordance with the procedures and requirements of this Section.
Application and Fees. Any owner or occupant as permitted by this Title may file an application for a Home Occupation Permit with the Planning Division, verified by said owner or occupant. The application shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees).
Nothing in this Subsection shall require the Zoning Administrator to issue a Home Occupation Permit to any applicant, and no home occupation shall be permitted unless the Zoning Administrator certifies that it conforms to the home occupation regulations of this Title. The Zoning Administrator may require additional terms and conditions considered necessary to assure the integrity of the Home Occupation Permit and the zone in which it is proposed to be located.
Business License Required. All home occupations must obtain a City business license to operate. Issuance of a Home Occupation Permit shall not become effective until a business license has been obtained.
Expiration and Extension. All Home Occupation Permits shall expire at the same time the corresponding business license issued expires and shall not remain in effect unless and/or until such business license has been renewed by the Director of Finance, provided such renewal takes place at least 30 days before the expiration date of the business license.
Revocation. If the Zoning Administrator conducts an investigation and finds that the operation of a home occupation is in violation of the provisions of this Title, such violations shall be considered a misdemeanor as set forth in Section 18.01.070 (Code Violations). The Zoning Administrator shall by declaration serve notice of revocation of the Home Occupation Permit pursuant to Section 18.04.090 (Revocation of Permits or Entitlements).
Purpose. The intent and purpose of this Subsection is to set forth and establish procedures and requirements for cottage food operations, in conjunction with the requirements in Section 18.22.090 (Cottage Food Operations).
Applicability. Pursuant to the requirements of this Title, cottage food operations are allowed as an accessory use in any lawfully constructed and occupied dwelling units as permitted by this Title. A Home Occupation Permit shall be required for all cottage food operations in legally permitted dwelling units.
Review Authority. The Zoning Administrator shall have the authority to review and approve applications for cottage food operations in accordance with the procedures and requirements of this Subsection.
Application Form and Fees. A Home Occupation Permit application for a cottage food operation shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees) and shall include, but not be limited to, the following:
The applicant name, household member names, and address. Name, address, and contact information for the property owner, landlord, homeowners' association, or management company, as well as the signature consenting to the use;
A copy of the "Self Certification Checklist" registration for a Class A operation or a Class B Permit issued by the Los Angeles County Department of Public Health Environmental Health Division;
Name of each individual involved and/or employed, whether they are a family member of the operator, and the number of vehicles registered to the address and license plate number;
Statement of whether the proposed use will involve "direct sales" known as a Class A Permit or "indirect sales" known as a Class B Permit as those terms are defined in the Health and Safety Code Section 113758(b) as may be amended;
A scaled site plan showing: (a) location of all the structures on site, (b) all vehicle parking spaces for the home or complex, (c) all delivery and/or loading areas, (d) the location of streets and property lines, driveway, pedestrian walkways, etc.; and
A scaled floor plan showing: (a) all rooms for structures on site, (b) areas registered and/or permitted by Los Angeles County Department of Public Health Environmental Health Division for cottage food preparation, packaging, and related exclusive storage, (c) all doors and exits, (d) location of fire extinguishers, etc.
Review of Application. Within 60 days after submittal of a complete application and fee as required by this Subsection, the Zoning Administrator shall approve, approve in modified form, or deny the application in compliance with the authority and requirements set forth in Government Code Section 51035, as may be amended.
Conditions of Approval. Cottage food operations shall be approved by the Zoning Administrator, if the proposed cottage food operation as applied for or as modified, complies with the standards set forth in this Title. However, the Zoning Administrator may conditionally approve the use with any additional standards, related to spacing and concentration, traffic control, parking, or noise which the Zoning Administrator deems necessary to mitigate the impact of the proposed use on the surrounding residential neighborhood.
Notice of Decision. The Zoning Administrator shall announce their findings and decisions pursuant to Section 18.04.050 (Notice of Decision and Findings Required).
A permit to operate a cottage food operation obtained under this Subsection is revocable at any time by the Zoning Administrator if any of the following conditions exist:
The cottage food operation has become detrimental to the public health or safety or constitutes a nuisance as designated in Chapter 8.16 (Property Maintenance, Nuisance and Administrative Citations) of Title 8 (Health and Safety) of the Pico Rivera Municipal Code.
If the Zoning Administrator finds that the operation of a cottage food operation is in violation of the provisions of this Title and/or the terms and conditions of the permit approval, the Zoning Administrator shall by declaration serve notice of revocation of the cottage food operation permit in accordance with Section 18.04.090 (Revocation of Permits or Entitlements).
Purpose. The purpose of this Subsection is to set forth and establish procedures and requirements governing group homes, in conjunction with the requirements in Section 18.22.120 (Group Homes).
Applicability. Pursuant to the requirements of this Title, group homes are allowed in a lawfully constructed and occupied dwelling units as permitted by this Title. A Group Home Permit shall be required for all group home operations.
Review Authority. The Zoning Administrator shall have the authority to review and approve in a ministerial matter the application for a Group Home Permit if the applicant is in compliance with Section 18.22.120 (Group Homes).
Purpose. The intent and purpose of this Section is to set forth and establish procedures and requirements to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act[1] and the California Fair Employment and Housing Act[2] (the Acts) in the application of this Title and other land use regulations, policies, and procedures.
A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This Chapter applies only to those persons who are defined as disabled under the Acts.
A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.
Review Authority. The Zoning Administrator shall act as the Review Authority and approve, conditionally approve, or deny requests for reasonable accommodation.
Requests for reasonable accommodation shall be prepared, filed, and processed in compliance with Section 18.04.020 (Applications and Fees). Requests for reasonable accommodation shall be filed in writing with the Planning Division and provide the following information:
If necessary to reach a determination on the request for reasonable accommodation, the Reviewing Authority may request further information from the applicant consistent with fair housing laws and the privacy rights of the individual with a disability. If the Reviewing Authority requests additional information from the applicant consistent with fair housing law protections and privacy rights, the 30-day time period for making a determination on the request, pursuant to Subsection G.1 (Notice of Decision) of this Section, stops running until the additional information is provided to the Reviewing Authority.
Concurrent Application. If the development for which the request for reasonable accommodation is being made also requires some other discretionary approval under this Title, the request shall be submitted and reviewed concurrently with the application for discretionary approval in accordance with the procedures in Section 18.04.020 (Application and Fees).
The housing, which is the subject of the request, will be used by an individual disabled as defined under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
The requested reasonable accommodation would not adversely impact surrounding properties or uses, based on the criteria set forth in Section 12179 of the California Administrative Code.
There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the City's applicable rules, standards, and practices.
Notice of Decision. Except as specified in Subsection D (Application Requirements) of this Section, the Zoning Administrator shall make a written determination within 30 days for non-concurrent review requests after the application is deemed complete to announce their findings and decisions, pursuant to Section 18.04.050 (Notice of Decision and Findings Required). If the reasonable accommodation request is submitted for concurrent review with another discretionary land use application, the decision to approve, conditionally approve, or deny a request shall be made at the same time as the decision for the discretionary land use application(s).
Expiration and Extension. Reasonable accommodations may only be extended or may expire as provided for in Section 18.04.080 (Expiration and Extension). A reasonable accommodation shall expire if the accommodation is no longer required or if the recipient of the accommodation no longer resides at the property.