§ 22.02

This chapter sets forth the general requirements for the approval of proposed development and new land uses in the city. Land use permit requirements for specific land uses are set forth in articles II and III.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.02.020. - Requirements for development and new land uses.

All uses of land and/or structures shall be established, constructed, reconstructed, altered, or replaced, in compliance with the following requirements:

(1)

Allowable uses. The use of land shall be identified by chapters 22.08 (Residential Zoning Districts), 22.10 (Commercial/Industrial Zoning Districts), or 22.12 (Special Purpose Zoning Districts), as being allowable in the zoning district applied to the site. The director may determine whether a particular land use is allowable, in compliance with section 22.04.020(h) (Rules of interpretation—Allowable uses of land).

(2)

Permit/approval requirements. Any land use permit or other approval required by this Development Code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in section 22.02.030 (Exemptions from development and land use approval requirements). The land use permit requirements of this Development Code are established by

chapters 22.08 (Residential Zoning Districts), 22.10 (Commercial/Industrial Zoning Districts), or 22.12 (Special Purpose Zoning Districts).

(3)

Development standards. The use of land and/or structure shall comply with all applicable requirements of this Development Code, including the zoning district standards of article II (Zoning Districts and Allowable Land Uses), and the provisions of article III (Site Planning and General Development Standards).

(4)

Conditions of approval. The use of land and/or structure shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.

(5)

Legal parcel. The use of land and/or structure shall only be established on a parcel of land which has been legally created in compliance with the subdivision map act and title 21 (Subdivisions), as applicable at the time the parcel was created.

(6)

Development agreements/unilateral contracts. The use and/or structures shall comply with any applicable development agreement approved by the city in compliance with chapter 22.62 (Development Agreements), or unilateral contract previously approved by the city and recorded with the County of Los Angeles.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.02.030. - Exemptions from development and land use approval requirements.

The land use permit requirements of this Development Code do not apply to the activities, uses of land and/or structures identified by this section.

(1)

Governmental facilities. Facilities of the city, state, or the federal government on land owned or leased by a governmental agency, for governmental operations.

(2)

Interior remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the approved use of the structure.

(3)

Reconstruction of destroyed uses and structures. A use of land and/or structure destroyed by fire or natural disaster may be reestablished as it existed, provided that it was legally established and in compliance with this Development Code before destruction. See section 22.68.030(e) (Maintenance and repair) regarding repairs to nonconforming structures.

(4)

Repairs and maintenance. Ordinary repairs and maintenance, if:

a.

The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure; and

b.

The exterior repairs employ the same materials and design as the original construction.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.02.040. - Temporary uses.

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in chapter 22.50 (temporary use permits).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.02.050. - Additional permits and approvals may be required.

An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still be required to obtain city permits or approvals before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by:

(1)

Other Municipal Code provisions, including: Building, grading or other construction permits if they are required by chapter 15.00; or a business license if required by chapter 5.00; or

(2)

Any applicable county, or any regional, state or federal agency regulations.

All necessary permits shall be obtained before starting work or establishing new uses.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.02.060. - Reasonable accommodation.

(a)

The purpose of this section is to establish the process for disabled persons to request reasonable accommodation in the application of the city's zoning laws where necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling within the city.

(b)

Process for requesting reasonable accommodation.

(1)

A completed application form and the required fee provided by the community development department.

a.

A description of how the property will be used by the disabled individual(s);

b.

The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or any other appropriate evidence;

c.

A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city;

d.

Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.

(c)

Decision on application.

(1)

The director shall consider an application for a minor reasonable accommodation. The director shall issue a written determination within 30 days of the date of receipt of a completed application and may (1) grant the accommodation request with or without nondiscriminatory conditions of approval, (2) deny the request, or (3) refer the matter to the planning commission, which shall render a decision on the application in the same manner as it considers a major reasonable accommodation. The director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

(2)

The planning commission shall consider an application for a major reasonable accommodation, or any minor reasonable accommodation request referred to it by the director. The planning commission shall (1) grant the accommodation request with or without nondiscriminatory conditions of approval, or (2) deny the request. Notice of the planning commission meeting shall be made in writing, ten days prior to the meeting and mailed to the applicant and property owners who are located immediately adjacent to the subject property. The commission may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

(3)

If necessary to reach a determination on any request for reasonable accommodation, the director may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

a.

The director, planning commission or city council shall approve the request for a reasonable accommodation subject to the following findings:

1.

The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.

2.

The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.

3.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.

4.

The requested accommodation will not result in a fundamental alteration of the nature of the city's zoning or building laws, and policies and procedures, as "fundamental alteration" is defined in fair housing laws and interpretive case law.

b.

Factors. In making a decision regarding the reasonableness of the requested accommodation, the following factors may be considered:

1.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

2.

Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

3.

In the case of a residential care facility or sober living home or similar group home for the disabled, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

4.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

5.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

6.

Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan;

7.

In the case of a residential care facility or sober living home or similar group home for the disabled, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

4.

The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this chapter.

5.

That the reasonable accommodation shall only be applicable to the particular individual(s) or property.

(d)

Appeals.

(1)

The director's decision on a minor reasonable accommodation may be appealed to the planning commission within ten days of the date the city issues the written determination.

a.

The appellant shall pay an appeal fee as established by resolution of the city council.

b.

The planning commission shall conduct a duly noticed public hearing as described within this title prior to taking action on the appeal.

c.

The appeal shall be filed with a written statement of the basis for the appeal, and shall state all facts and arguments known to support the claim.

(2)

The decision of the planning commission may be appealed to the city council pursuant to the provisions in chapter 22.74.

(e)

Waiver of time periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section.

(Ord. No. 03(2010), § 6, 5-18-10)

CHAPTER 22.04. - INTERPRETATION OF DEVELOPMENT CODE PROVISIONS