Article III — Application Procedure

• A. Applications for a variance or conditional use permit shall be filed with the director, on forms furnished by the director, setting forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the variance or conditional use permit, in accordance with the provisions of this chapter.

• B. The applicant shall furnish to the director a certified copy of the names and addresses of all property owners to whom notice must be given as hereinafter provided.

• C. Any applicant may withdraw his or her application prior to a decision thereon, by filing a written request to do so; no refund of the filing fee shall be permitted in case of withdrawal.

• (Prior code § 9270; Ord. 1129, 1997)

Each such application shall be accompanied by a filing and processing fee in an amount as set by the council.

(Prior code § 9271; Ord. 1129, 1997)

All applications for a conditional use permit or variance shall be accompanied by a development plan for the entire site.

• A. The development plan submitted with a conditional use permit or variance application shall include the following:

  1. The exact boundaries and legal description of the property to be developed;

  2. All proposed improvements that are to be constructed on the land and their precise locations including (but not limited to) all residential and nonresidential structures,

recreational facilities and typical plans showing walls, fences, trash areas, streets and walk areas;

3. Common open space showing size, grades and function upon completion;

4. The location and dimension of all off-street parking facilities, public and private;

5. Location and size of all public and quasi-public sites if applicable (i.e., schools, churches, parks, etc.);

6. A tabulation of the percentage of total building coverage of the development;

7. A tabulation of densities within each project area or sector;

8. Building elevations of typical architectural styles to be constructed;

9. A schematic landscaping plan indicating the type and size of plant material to be used, and method of providing permanent maintenance to all planted areas and open space;

10. Floor plans of typical dwelling units and buildings, the unit size in square feet, and the amount of private open space in square feet;

11. If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the city subdivision regulations and the State Subdivision Map Act; and

12. A proposed construction schedule from ground breaking to occupancy.

• B. Development plans submitted with an application for a conditional use permit or variance shall adhere to the following design criteria:

  1. The overall plan shall achieve and integrate land and building relationship;

  2. Open spaces, pedestrian and vehicular circulation facilities, parking facilities and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site;

  3. The layout of structures and other facilities shall effect a conservation in street and utility improvements;

  4. Recreational areas (active and passive) shall be easily accessible from all structural units; and

  5. Architectural unity and environmental harmony within the development and within the surrounding properties shall be attained.

(Prior code § 9271a; Ord. 1129, 1997)

• A. Conditions of approval may be imposed by the granting body upon the issuance of any conditional use permit or variance:

  1. So as to insure that the provisions of this title will be met insofar as the operation of the use authorized is concerned; and

  2. To insure that the use for which the permit is sought is located, placed and operated so as to prevent any unreasonable interference with the peaceful use and enjoyment of surrounding and adjacent properties, which shall include, but not be limited to, restrictions and limitations reasonably necessary to control dust, vibration, noise, encroachment of

artificial light, odor or any similar matter, incident to the authorized use which could cause the interference with the peaceful enjoyment of surrounding and adjacent properties; and

3. Any other condition found by the granting body to be reasonably required by the public interest convenience and necessity.

• B. Each conditional use permit or variance issued pursuant to the provisions of this title shall be deemed conditioned so as to require that the proposed use shall be conducted in compliance with all applicable provisions of this title, including, but not limited to, the provisions hereof relating to off-street parking facilities.

(Prior code § 9271b; Ord. 1129, 1997)

Every application for a zone variance or conditional use permit shall be set for a public hearing before the commission by the director. Hearings may be continued from time to time, by the commission or council, as it may deem necessary. (Prior code § 9272; Ord. 1129, 1997)

• A. Notices of the time and place of public hearings before the planning commission on zone variance and conditional use permit applications, shall be given by United States mail, postage prepaid, addressed to the owners of property located within a radius of 300 feet (or 500 feet in the case of applications for uses involving the sale or consumption of alcoholic beverages) from the external boundaries of the property to which the application relates, addressed to such owners as shown on the latest equalized assessment roll of the County of Los Angeles, or from other records which contain more recent and accurate addresses.

• B. Notices shall contain a description of the subject property, a brief description of the proposed use, and the date, time and place of the hearing.

• (Prior code § 9273; Ord. 1129, 1997; Ord. 1214 § 26, 2016)

Within a reasonable time after the public hearing upon a variance or conditional use permit application, the planning commission by motion adopted by not less than a majority of its total membership shall approve, conditionally approve, or deny the same. Such action shall be taken by resolution. Within three days following the adoption of the resolution by the commission, the secretary shall forward a copy thereof, by United States mail, postage prepaid, addressed to the applicant and any other person requesting the same, at his or her last known address. Any determination made by the planning commission pursuant to this section shall be final and conclusive unless an appeal of the commission's determination is filed as set forth in Chapter 2.100 of Title 2 of this code.

(Prior code § 9274; Ord. 1129, 1997; Ord. 1214 § 27, 2016)

Where, by reason of disqualification, abstention or absence of any member of the commission, the commission is unable to reach a determination as to zone variance or conditional use permit applications, within 30 days after the close of the public hearing relating thereto, such matter shall be

automatically referred to the city council, without decision by the commission. In such event, the matter shall be placed upon the city council's agenda and a de novo public hearing held thereon, and the matter shall be finally determined by the city council. (Prior code § 9275; Ord. 1129, 1997)

Following a determination made by the planning commission pursuant to this chapter, such determination shall be subject to review on appeal, taken in the time and manner set forth in Chapter 2.100 of Title 2 of this code.

(Ord. 1214 § 29, 2016)

Failure to give notice in the manner hereinabove prescribed shall have no effect upon any proceeding before the commission or the council. (Prior code § 9278)