Article 10 — Development Permits

The following provisions are intended to provide flexibility in site planning/property development while protecting the integrity and character of the residential, commercial, and industrial areas of the City and ensuring consistency with the General Plan. At the time of application submittal, a review of the configuration, design, location, and impact of the proposed use shall be conducted by comparing the use to established development/site standards. This review shall determine whether the permit should be approved by weighing the public need for and the benefit(s) to be derived from the proposed use, against the potential negative impacts it may cause.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

An application for a Development Permit shall be filed in compliance with Article 22 of this chapter (Applications and Fees).

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

Approval of a Development Permit shall be required under the following circumstances:

• A. For a new structure or use listed as subject to a "Development Permit" (D) in the applicable zoning district;

• B. For a new single-family structure;

• C. For the expansion or conversion of an existing structure or use, affecting or involving a minimum of 25% of the total gross floor area of the structure;

• D. For the enlargement or exterior alteration of an existing structure, affecting or involving a minimum of 25% of the total gross floor area of the structure, for which a Development Permit has not been issued, excluding an existing single-family structure;

• E. For the movement and/or relocation of any structure, including factory-built and manufactured housing, to any parcel within the City;

• F. For the expansion of a legal nonconforming structure, affecting or involving a minimum of 25% of the total gross floor area of the structure, for which a Development Permit has not been issued in compliance with Chapter 3 Article 6 (Nonconforming structures and uses); and

• G. For the rebuilding/replacement of a destroyed/demolished legal nonconforming structure for which a Development Permit has not been issued in compliance with Chapter 3, Article 6 (Nonconforming structures and uses).

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

The final review authority for Development Permits shall be as follows:

Notes:

• 1 For all Director-approved non-residential projects, the Director may instead defer action and refer the application to the Commission for a decision.

• 2 The square footage in area or the percent of expansion, whichever is less, shall determine the appropriate review authority.

• 3 Change in use (except for a change to a less intensive use) or alteration to the structure, including tenant improvements, affecting or involving a minimum of 50 percent of the total gross floor area of the structure. The applicable changes in use include a residential to commercial or industrial use, office or retail to a restaurant or medical use, nonassembly use to an assembly use, or a similar change in use as determined by the Director.

• (§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 1, Ord. 825-NS, eff. June 19, 2008, and § 9, Ord. 2023-02, eff. December 7, 2023)

• A. Each Development Permit application shall be analyzed to ensure that the application is consistent with the purpose of this article and the City's CEQA Guidelines.

• B. To ensure effective implementation of General Plan policies relating to design, each Development Permit shall be reviewed by the Director. The review shall occur prior to the determination by the review authority.

• C. Any application which may result in grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by the review authority.

• (§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

• A. Director-Approved Projects. A notice or public hearing shall not be required for all applications subject to the Director's review.

• B. Commission-Approved Projects. Upon receipt in proper form of a Development Permit application and compliance with the City's CEQA Guidelines, a hearing shall be set and notice of the hearing given in compliance with Article 23 of this chapter (Hearings and Appeals) for all applications subject to the Commission's review.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

Following a hearing, if required, the review authority (as outlined in Table II-2) shall record the decision in writing and shall recite the findings upon which the decision is based. The review authority may approve, modify, or deny a Development Permit in whole or in part and shall impose specific development conditions if approved. These conditions shall relate to both on-and off-site improvements that are necessary to accommodate flexibility in site planning/property development, mitigate project-related adverse impacts and to carry out the purpose/intent and requirements of the respective zoning district and General Plan goals and policies.

• A. Director-Approved Projects. Approval of Director-Approved Projects shall be ministerial in nature. Projects that comply with the requirements of this and other applicable sections shall be permitted by right. The Director may approve a Development Permit only if all of the following findings are made:

  1. The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of this Code, including prescribed development/site standards;

  2. The proposed development is consistent with the General Plan;

  3. The approval of the Development Permit for the proposed project is in compliance with the requirements of the California Environmental Quality Act (CEQA) and the City's Guidelines; and

  4. There are adequate provisions for public access, water, sanitation and public utilities and services to ensure that the proposed development would not be detrimental to public health, safety and general welfare.

• B. Commission-Approved Projects. The Commission may approve a Development Permit, only if all of the following findings are made:

  1. The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of this Code, including prescribed development/site standards;

  2. The proposed development is consistent with the General Plan;

  3. The proposed development would be harmonious and compatible with existing and planned future developments within the zoning district and general area, as well as with the land uses presently on the subject property;

  4. The approval of the Development Permit for the proposed project is in compliance with the requirements of the California Environmental Quality Act (CEQA) and the City's Guidelines;

  5. The subject site is physically suitable for the type and density/intensity of use being proposed;

  6. There are adequate provisions for public access, water, sanitation and public utilities and services to ensure that the proposed development would not be detrimental to public health,

safety and general welfare; and

7. The design, location, size and operating characteristics of the proposed development would not be detrimental to the public health, safety, or welfare of the City.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 3, Ord. 847-NS, eff. January 21, 2010, and § 9, Ord. 2023-02, eff. December 7, 2023)

In approving a Development Permit, the review authority may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9-2.1007 (Findings) of this article.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

Unless otherwise specified, within one year of Development Permit approval, exercising the entitlement, in compliance with Section 9-2.2403 (Exercising the entitlement) shall have occurred or the permit shall become void. Additionally, if after exercising the entitlement, work is discontinued for a period of one year, then the permit shall become void.

If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of exercising the entitlement to the next phase's date of exercising the entitlement to have occurred, unless otherwise specified in the permit, or the permit shall become void. If the application for the Development Permit also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised prior to the expiration of the companion tentative map.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

The review authority may grant time extensions not to exceed one-year increments. A time extension request shall be filed no later than 90 days after expiration and for good cause. Prior to granting an extension, the review authority shall ensure that the Development Permit complies with all current Code provisions. If granted, the Development Permit shall be extended from the date of expiration. (§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 4, Ord. 863-NS, eff. December 15, 2010, and § 9, Ord. 2023-02, eff. December 7, 2023)

No permit shall be issued for any use involved in an application for a Development Permit until, and unless the same shall have become final, in compliance with Section 9-2.2309 (Effective Date). (§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

An approved Development Permit may be modified in compliance with Article 22 of this chapter (Applications and Fees). Minor modifications to an approved permit may be approved by the Director in compliance with Article 6 of this chapter (Minor Modifications).

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

The review authority shall hold a hearing to revoke or modify a Development Permit granted in compliance with this chapter. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the Development Permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Los Angeles and/or the project applicant.

A Development Permit may be revoked or modified by the review authority if any one of the following findings can be made:

• A. That circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety and welfare require the revocation;

• B. That the Development Permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;

• C. That the use for which the Development Permit was granted had ceased or was suspended for six or more months;

• D. That one or more of the conditions of the Development Permit have not been met;

• E. That the use is in violation of any statute, ordinance, law or regulation; or

• F. That the use permitted by the Development Permit is detrimental to the public health, safety or welfare or constitutes a nuisance.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

The development project's applicant/owner may be required to provide adequate performance security in compliance with Section 9-2.2402 (Performance guarantee requirements) for the faithful performance of any/all conditions of approval imposed by the review authority.

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:

1. Article 22 of this chapter Applications and Fees

2. Article 23 of this chapter Hearings and Appeals

(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 9, Ord. 2023-02, eff. December 7, 2023)