Commerce Municipal Code Div. 7 Conditional Use Permits

A. The city recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose.

B. To ensure compatibility with zoning regulations and surrounding properties, conditional uses require special consideration. The planning commission is empowered to grant and deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permit.

C. Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit is not a substitute for a change of zone or zoning ordinance text amendment.

(Ord. 544 § 1(part), 2000).

A. An application for a conditional use permit may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B. An application shall be filed pursuant to the provisions of Division 2 (Applications, Processing, Filings, and Fees) of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

A. Community Development Director Investigation. The community development director or his designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the planning commission and the applicant prior to any scheduled public hearing on the application.

B. Planning Commission Proceedings.

1. A public hearing before the planning commission shall be noticed and conducted pursuant to the provisions of Division 3 (Public Hearings) of this Chapter 19.39.

2. At the public hearing, the planning commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 19.39.420 (Required findings).

3. The planning commission shall act to approve, conditionally approve, or deny the application.

4. The decision of the planning commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Division 4 (Appeals and Revocations) of this Chapter 19.39.

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(Ord. 544 § 1(part), 2000).

A. The planning commission may approve and/or modify a conditional use permit in whole or in part, with or without conditions; provided that all of the following findings of fact are made:

1. The proposed use is one conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this Title 19, including, but not limited to, those set forth in Chapter 19.19 (Site Planning and General Development Standards);

2. The proposed use would not impair the integrity and character of the zone in which it is to be located;

3. The subject site is physically suitable for the type of land use being proposed;

4. The proposed use is compatible with the land uses presently on the subject property;

5. The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located;

6. There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;

7. There would be adequate provisions for public access to serve the subject proposal;

8. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan;

9. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare; and

10. The proposed design and elevations preserve and maximize the image, character, and visual quality of the neighborhood.

B. 1.

This subsection shall apply only to the uses identified in this subsection. This subsection shall not invalidate any conditional use permit for an operating facility, but shall be complied with prior to issuance of a building permit for all projects for which no building permit has been issued upon the effective date of this provision.

2. In addition to findings required in Section 19.39.420(A), the planning commission shall find that the proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations. Such findings must be made for the following uses:

a. Solid waste facilities, as defined in Public Resources Code 40194, to the extent not prohibited by Section 19.31.470 of this Title 19.

b. Auto wrecking or salvage yards.

c. Yards for the disposal and/or salvage of demolition or construction waste.

d. Recycling facilities.

e. Incinerators of any type.

C. Additional findings shall be made for specific uses as required by Chapter 19.31 (Standards for Specific Land Uses) of this Title 19.

(Ord. 544 § 1(part), 2000).

(Ord. No. 612, § 7, 10-7-2008)

A. In granting a conditional use permit, the planning commission may impose such conditions as it deems necessary to ensure that the public health, safety, and general welfare are protected and that the proposed operation is not a detriment to the community.

B. All conditions shall be binding upon the applicant, heirs, successors, or assignees and shall restrict the construction, location, maintenance, and use of all land within the development.

C. A deed restriction may be recorded with the County Recorder of Los Angeles County, as approved by the city attorney, regarding the conditions of this section and other requirements of the conditional use permit.

(Ord. 544 § 1(part), 2000).

A conditional use permit that is valid and in effect and granted pursuant to the provisions of this Title 19 shall be valid only on the property for which it was granted and shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.

(Ord. 544 § 1(part), 2000).

The community development director shall have the authority to initiate proceedings to suspend or revoke a conditional use permit pursuant to provisions set forth in Sections 19.39.240 through 19.39.250, inclusive, of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

A. The grantee of a conditional use permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the conditional use permit shall lapse and become void. For the purposes of this section, such a right shall be established if either:

1. A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the conditional use permit was approved; or

2. In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the conditional use permit was approved; or

3. In the event no building permit or occupancy is required, the site for which the conditional use permit was approved is occupied and used for the permitted purpose; or

4. Prior to the date on which the conditional use permit will elapse, the grantee files an application to renew the permit pursuant to subsection B of this section.

B. A conditional use permit subject to lapse may be renewed up to an additional one-year period; provided, that the application for renewal is filed with the community development department prior to the expiration date. A public hearing before the planning commission shall be required.

C. The planning commission may grant or deny an application for renewal of a conditional use permit. As part of its action, the commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the conditional use permit and surrounding properties.

D. If any conditional use permit fails to be actively exercised for a continuous one hundred eighty-day period, the permit shall lapse and become void.

(Ord. 544 § 1(part), 2000).