Division 3 — CONDITIONAL USE PERMIT

In order to give the use regulations the flexibility necessary to achieve the objectives of this article, in certain districts, conditional uses are permitted, subject to the granting of a conditional use permit. Due to their unusual or special characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the planning commission is empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the city council.

An application for a conditional use permit shall be filed with the department of planning and community development on a form prescribed by the department and shall include the following data and maps:

A.

Name and address of the applicant;

B.

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way;

C.

Address and legal description of the property;

D.

Statement indicating the precise manner of compliance with each of the applicable provisions of this article, together with any other data pertinent to the findings prerequisite to the granting of a conditional use permit, prescribed in this chapter;

E.

[Reserved.]

F.

Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Colored renderings and photos of all four (4) sides of the building and the roof shall also be provided. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans, which meet the requirements of section 9658.2 shall be included in the plans;

G.

The filing fee as established by city council resolution;

H.

The department of planning and community development may require additional information or plans, if they are necessary to enable a determination as to whether a conditional use permit should be granted or denied. The director may authorize omission of any or all of the plans and drawings required by this section if they are not necessary.

(Ord. No. 93-242, § 2, 11-10-93)

The following procedures shall be followed in considering a conditional use permit:

A.

Investigation and report. The department of planning and community development shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the planning commission and made available to the applicant prior to the public hearing.

B.

Hearing responsibility. All conditional use permit applications required by the regulations of this article shall be heard and a determination made by the planning commission.

C.

Hearings. The planning commission shall hold at least one (1) public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in section 9804.4 of this article. At the public hearing, the planning commission shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and proposed conditions under which it would be operated or maintained.

D.

Action of the planning commission.

1.

The planning commission may grant, deny, modify or impose conditions on a conditional use permit.

2.

The planning commission may impose reasonable conditions or restrictions deemed necessary to affirmatively make the findings set forth in subsection E of this section. Such conditions may include, without limitation: requirements regarding development of the property, structures, yards, fences, walls, landscape, lighting, and signage; requirements concerning operation of the use, including hours of operation, parking, ingress and egress, noise mitigation, and security; requirements concerning ongoing maintenance of the property and the use, including any mitigation measures deemed necessary to prevent or deter nuisance conditions or activities; and such other conditions the commission determines will preserve public health, safety and welfare.

3.

Variances/modifications should be done by separate action but can be processed concurrently with the conditional use permit.

E.

Required findings. The planning commission shall grant a conditional use permit if all the following findings are made:

1.

That the proposed use is consistent with the intent and purpose of this article, the goals and objectives of the general plan and any applicable specific plan, and the purposes of the district in which the use is located;

That the proposed use is compatible with the surrounding properties, based on the following land use factors:

a.

Whether the proposed use would generate offsite noise louder than ambient noise levels by considering: (i) the volume and times of day such noise would be generated; (ii) the proximity to nearby residences, schools and other sensitive uses; (iii) the topography of the surrounding area likely to affect how noise travels; and (iv) the presence of other nearby uses likely to generate offsite noise at similar times;

b.

Whether the proposed use would result in increased vehicular and/or pedestrian traffic;

c.

Whether access and off-street parking, including parking for guests, can be adequately provided such that available on-street parking for neighboring properties is not negatively impacted;

d.

Whether the proposed building and site design elements, including without limitation, structures, fences, walls, lighting, landscaping, and signage, comport with the city's architectural design standards or otherwise achieve the city's goals in harmonizing development with the natural environment;

3.

That the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, based on the following land use factors:

a.

Whether public and private roads and driveways used to access the property can safely accommodate all vehicular traffic associated with the proposed use, including emergency vehicles, and meet all applicable requirements of the Los Angeles County Fire Code;

b.

Whether the proposed use could create harmful secondary nuisances that cannot be controlled through reasonable mitigation measures, including, without limitation: (i) littering on adjacent properties or public rights-of-way; (ii) public intoxication on adjacent properties or public rights-of-way; or (iii) increased risk of trespass, vandalism or other unlawful activity on adjacent properties or public rights-of-way;

c.

Whether the proposed use will involve activities that would increase the likelihood, spread, or intensity of fire or other life-safety emergency;

d.

Whether the proposed use involves or would result in the alteration or modification of existing drainage patterns, or increased erosion that cannot be controlled through reasonable mitigation measures;

4.

That the proposed use will comply with all applicable provisions of this article, except for approved variances or modifications;

5.

That the proposed use shall not be in violation of applicable provisions of this Code or of federal, state or local law.

F.

Specific use requirements. In the event the proposed use is subject to specific operation or development standards set forth elsewhere in this Code, such requirements shall be deemed incorporated into the conditions approved by the planning commission. In the event of a conflict between conditions and specific standards, the most restrictive shall apply.

G.

Adoption of findings. Within sixty (60) days of the planning commission's decision, the planning commission shall adopt a resolution memorializing its decision, unless this timeline is extended by the director for good cause. The resolution shall address each of the required findings identified in subsection E and provide the specific grounds why each finding was or was not made, referencing the Municipal Code, general plan, specific plan or other document where appropriate.

H.

Effective date of an approved use permit. A conditional use permit granted by the planning commission shall be effective sixteen (16) days from the date of the resolution, provided that the applicant has accepted in writing all terms and conditions of the permit within that time period. In the event the applicant does not timely accept the conditions, the conditional use permit shall not become effective.

I.

Finality of decision. The decision of the planning commission shall be final within sixteen (16) days from the date of the adoption of the resolution unless an appeal has been timely filed with the city council. If an appeal is timely filed, the decision of the city council shall be final upon the adoption of a resolution upholding, reversing or modifying the decision of the planning commission.

J.

Appeal; determination by city council. The planning commission's decision on a conditional use permit application may be appealed in accordance with the procedures set forth in this article at sections 9804 through 9804.9. An appeal of the decision of the planning commission shall be made within fifteen (15) days of the adoption of the resolution. The appeal shall be de novo. Within sixty (60) days of the city council decision, the council shall adopt a resolution memorializing its decision, unless this timeline is extended by

the city manager for good cause. The resolution shall address each of the required findings identified in subsection E and provide the specific grounds why each finding was or was not made, referencing the Municipal Code, general plan, specific plan or other document where appropriate. The decision of the city council shall be final.

K.

Lapse of conditional use permit; extension.

1.

A conditional use permit shall lapse and shall become void two (2) years following the date on which the use permit became effective, unless prior to the expiration of one (1) year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit application, or the site is occupied for such use if no building permit or certificate of occupancy is required. Written notice of the determination by planning staff to void a lapsed conditional use permit shall be given to the applicant/permittee and/or the property owner and the determination may be appealed to the planning commission in accordance with the procedures set forth in this article at sections 9804 through 9804.9.

2.

Prior to the expiration of a conditional use permit, the applicant may request up to two (2) extensions for a period of time not exceeding twelve (12) months. Such request shall be considered by the planning commission after a public hearing.

(Ord. No. 23-475, § 2, 1-10-2024)

Section 9673.2 of this chapter shall apply to an application for modification, expansion, or other change in a conditional use; provided, that minor revisions or modifications may be approved by the director if he determines that the changes would not affect the findings prescribed in section 9673.2, and the application for revision or modification is filed within one (1) year from the date the original conditional use permit becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce, or alter the size or shape of the premises to which the original conditional use permit pertained, and does not extend the time in which the actual establishment of the conditional use permit or the commencement of construction under the conditional use permit shall take place.

Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one (1) year from the date of denial or revocation of the conditional use permit.

A conditional use permit granted pursuant to the provisions of these sections shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. However, the city shall be notified of any change of ownership within ninety (90) days of its occurrence.

Application for a conditional use permit may be made at the same time as application for a change in zone boundaries including the same property, in which case the planning commission shall hold the public hearing on the zoning classification and the use permit at the same meeting and may combine the two (2) hearings. For the purposes of this section, the commission decision on the jointly filed applications shall be a recommendation to the city council. The city council shall be the final decisionmaker on the jointly filed applications and shall consider such conditional use permit in accordance with these provisions.

In addition to the findings required pursuant to section 9673.2E.4 and 6, the commission shall approve an application for a conditional use permit for an adult business where the information submitted by the applicant and/or presented at the public hearing substantiates the following findings:

A.

The requested use at the proposed location will not adversely affect the use of a church, temple or other place used exclusively for religious worship, school, park, playground or similar use within a five-hundredfoot radius;

B.

The requested use at the proposed location is sufficiently buffered by topographic conditions or public or private improvements from residentially zoned areas within the immediate vicinity so as not to adversely affect said areas;

C.

The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or property deterioration, or to substantially diminish or impair property values within the neighborhood;

D.

The requested use is not located in the freeway overlay land use district;

E.

The requested use is not located within a five-hundred-foot radius of another adult business.