Lancaster Municipal Code § 17.32.120 Conditions

A conditional use as defined by this title means a use which:

A. Because of characteristics peculiar to it; or

B. Because of size, technological process or type of equipment; or

C. Because of the location with reference to surroundings, street or highway width, traffic generation or other demands upon public facilities, required special consideration relative to placement at specific locations in the zone or zones where classified to insure proper integration with other existing or permitted uses in the same zone or zones.

(Prior zoning ord. § 501.1)

Any person desiring a conditional use permit required by or provided for in this title may file an application with the director except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the commission or city council on an application requesting the same, or substantially the same permit.

(Prior zoning ord. § 501.2)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

An application for a conditional use permit shall contain the following information:

A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used;

B. Evidence that the applicant:

1. Is the owner of the premises involved, or

2. Has written permission of the owner or owners to make such application, or

3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or

4. In the case of a public agency, is negotiating to acquire a portion of the premises involved;

C. Location of subject property (address or vicinity);

D. Legal description of the property involved;

E. The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used;

F. Indicate the nature, condition and development of adjacent uses, buildings and structures; and

G. Provide a site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director indicating:

1. The area and dimensions of proposed site for the requested use,

2. The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features;

H. Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;

I. Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;

J. With each application the applicant shall also file:

1. Maps in the number prescribed and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of such proposed use,

2. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 700 foot radius,

3. A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the area actually to be occupied by the use. One copy of said map shall indicate where such ownership are located,

4. Proof satisfactory to the director that water will be available in quantities and pressures required by said Ordinance No. 7834, the Water Ordinance, or by a variance granted pursuant to said Ordinance No. 7834. The director may accept as such proof a certificate from the person who is to supply water that he can supply water as required by said Ordinance No. 7834, also stating the amount and pressure, which certificate also shall be signed by the forester and fire warden, or a certificate from the county engineer that such water will be available,

5. The director may waive the filing of one or more of the above items;

K. Such other information as the director may require.

The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.

(Prior zoning ord. § 501.3)

In addition to the information required in the application by Section 17.32.030, the applicant shall substantiate to the satisfaction of the commission the following facts:

A. That the requested use at the location proposed will not:

1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or

2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or

3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and

B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and

C. That the proposed site is adequately served:

1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and

2. By other public or private service facilities as are required.

(Prior zoning ord. § 501.4)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

When an application is filed, it shall be accompanied by the filing fee required by resolution of the city council.

(Prior zoning ord. § 501.5)

The commission may recommend denial, and the commission may deny, without a public hearing, an application for a conditional use permit if such application does not contain the information required by Sections 17.32.030 and 17.32.040. The commission may permit the applicant to amend such application.

(Prior zoning ord. § 501.6)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

In all cases where an application for a conditional use permit is filed and the commission does not grant a request for ex parte consideration, the commission shall hold a public hearing pursuant to the procedure provided in this chapter.

(Prior zoning ord. § 501.7)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

Where the commission finds that the use requested, subject to such conditions as it deems necessary, will comply with the findings required by Section 17.32.090, it may grant such permit without a public hearing except that:

A. This section does not apply to an application for the following:

1. Airports;

2. Amusement and entertainment enterprises and concessions, including all structural devices and contrivances designed and operated for patron participation and pleasure;

3. Primary or incidental alcohol sales establishments as defined under Chapter 17.42;

4. Circus winter quarters;

5. Colleges and universities;

6. Communication equipment buildings;

7. Correctional institutions;

8. Day nurseries;

9. Earth stations;

10. Electrical distribution substations;

11. Electric transmission substations;

12. Electric generating plants;

13. Golf courses including the customary clubhouse and appurtenant facilities;

14. Golf driving ranges;

15. Guest ranches;

16. Heliports;

17. Helistops;

18. Hospitals;

19. Institutions for the aged, private;

20. Institutions for children, private;

21. Juvenile halls;

22. Land reclamation projects;

23. Landing strips;

24. Mobilehome parks;

25. Motor recreational facilities for the driving, testing and racing of automobiles, dune buggies, motorcycles, trail bikes or similar vehicles including appurtenant facilities in conjunction therewith;

26. Nudist camps;

27. Oil wells;

28. Outdoor festivals;

29. Parking buildings;

30. Public utility service centers;

31. Race tracks;

32. Radio and television stations and towers;

33. Recreation clubs, private;

34. Rifle, pistol, skeet or trap ranges;

35. Sewage treatment plants.

(Ord. 896 § 1 (Exh. A § 26), 2008; prior zoning ord. § 501.8)

The commission may approve an application for a conditional use permit where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:

A. That the proposed use will not be in substantial conflict with the adopted general plan for the area. Where no general plan has been adopted, this subsection shall not apply;

B. That the requested use at the location proposed will not:

1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or

2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or

3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and

C. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and

D. That the proposed site is adequately served:

1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and

2. By other public or private service facilities as are required.

The commission shall deny the application where the information submitted by the applicant and/or presented at public hearing fails to substantiate such findings to the satisfaction of the commission.

(Prior zoning ord. § 501.9)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

The building bulk provisions prescribed in the various zones shall not apply to uses permitted by conditional use permit. In granting a conditional use permit, the commission shall prescribe the height limit, maximum lot coverage, or floor-area ratio for the use approved. Where the commission fails to specify said height limit, maximum lot coverage, or floor-area ratio, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified.

(Prior zoning ord. § 501.10)

If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted without a conditional use permit in the same zone and will not comply with the provisions of said Ordinance No. 7834, such facts shall be prima facie evidence that such requested use will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 17.32.090. If the water appeals board grants a variance pursuant to any provision of Article 4 of Chapter 1 of said Ordinance No. 7834, permitting the proposed use with the existing or proposed water supply, this section shall not apply.

(Prior zoning ord. § 501.11)

The commission in approving an application for a conditional use permit may impose such conditions as it deems necessary to insure that such use will be in accord with the findings required by Section 17.32.090. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:

A. Special yards, open spaces and buffer areas;

B. Fences and walls;

C. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;

D. Street and highway dedications and improvements including sidewalks, curbs and gutters;

E. Water supply and fire protection in accordance with the provisions of Ordinance No. 7834;

F. Landscaping and maintenance of grounds;

G. Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;

H. Regulation of operating hours for activities affecting normal neighborhood schedules and functions;

I. Regulation of signs including outdoor advertising;

J. A specified validation period limiting the time in which development may begin;

K. Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;

L. A site plan indicating all details and data as prescribed in this title;

M. Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of this title.

The commission may also approve the requested permit contingent upon compliance with applicable provisions of other ordinances.

(Prior zoning ord. § 501.12)

A person shall not engage in project grading in any zone if such project grading requires the removal from, or importation to, a lot or parcel land of more than 10,000 cubic yards of dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material if more than 20 occupied dwelling units in one-family, two-family, or multiple structures, or in occupied mobilehomes within a mobilehome park, or any combination thereof, or if a hospital or accredited public or private school offering instruction required to be taught in the public schools by the Education Code of the state of California are located within a parallel corridor 300 feet wide on each side of and measured from the edge of the existing right-of-way of the streets or highways forming the proposed transport route, and within a distance equal to the extent of such route, or within a distance of 2,640 feet, whichever is less, measured from the proposed point of access to such project unless:

A. If not more than 100,000 cubic yards of material is to be moved, such person either:

1. Obtains a conditional use permit; or

2. Submits a site plan to the director, who approves the plan upon finding that the proposed use will comply with the requirements of this section and Section 17.32.140. The director may approve the plan which approval shall be valid for the time stated by the director. If no time is stated such approval shall be good for one year. If the director or county engineer finds that there is good cause shown, and that the applicant in moving of material pursuant to such approval has not violated this or any other ordinance or statute, he may extend the duration of such approval for not more than one year if the applicant files a request for such extension prior to the expiration of his original approval. Only one extension may be granted.

B. Where more than 100,000 cubic yards of material are to be moved, such person obtains a conditional use permit.

(Prior zoning ord. § 501.13)

Project grading subject to the provisions of Section 17.12.130 shall comply with the following requirements:

A. A grading permit, when required, shall first be obtained as provided in said Ordinance 2225 (Building Code), before the commencement of any project grading.

B. The application to the director or for a conditional use permit as the case may be shall contain statements setting forth the following information:

1. The names and addresses of all persons owning all or any part of the property from which such material is proposed to be removed from and transported to;

2. The names and addresses of the person or persons who will be conducting the operations proposed;

3. The ultimate proposed use of the lot or parcel of land;

4. Such other information as the director finds necessary in order to determine whether the application should be granted;

5. In the case of an application for a conditional use permit the information required by Section 17.32.030.

C. The applicant shall submit a map showing in sufficient detail the location of the site from which such material is proposed to be removed, the proposed route over streets and highways, and the location to which such material is to be imported.

D. All hauling as approved under this section shall be restricted to a route approved by the road commissioner.

E. Compliance shall be made with all applicable requirements of other county departments and other governmental agencies.

F. If any condition of this section is violated, or if any law, statute or ordinance is violated, the privileges granted herein shall lapse and such approval shall be suspended.

G. Neither the provisions of this section nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of a public or private nuisance.

(Prior zoning ord. § 501.14)

A conditional use permit shall not be required pursuant to Section 17.32.130 if such use is in conjunction with:

A. Any work of construction or repair by the county or city, or any district of which the board of supervisors of the county is ex officio the governing body; or

B. Construction or repair by the county or city or such district performed by force account; or

C. Construction, maintenance or repair of any "state water facilities" as defined in Section 12934 of the State Water Code.

(Prior zoning ord. § 501.15)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

Premises in any zone may be temporarily used for uses necessary to the prosecution of any war in which the United States may be engaged, if a conditional use permit for such use is granted pursuant to the provisions of this title, and provided:

A. That the United States is at war declared by the Congress of the United States and engaged in actual physical hostilities; and

B. That such permit shall expire not later than 6 months after the cessation of such physical hostilities.

As used in the section, "cessation of physical hostilities" means a date comparable to November 11, 1918, or August 15, 1945.

(Prior zoning ord. § 501.16)

A permit issued on or after January 21, 1937, which is not used within the time specified in such permit, or, if no time is specified, within one year after the granting of the permit, becomes null and void and of no effect except:

A. Except as provided in Section 17.32.175, an approved conditional use permit shall expire twenty-four (24) months from the date of planning commission or city council approval. Conditional use permits may be granted time extensions prior to the expiration of the project not to exceed three one-year extensions. Any extension granted shall be conditioned to comply with the city's current design guidelines as adopted by the city council, unless the applicant can demonstrate to the planning commission's satisfaction that such compliance will impose an undue hardship on the project. The applicant is required to file for an extension sixty (60) days prior to such expiration date.

B. That in the case of a permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand, or gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material, no time limit shall apply to utilization of such permit if within such year or such other time the property is posted and remains posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant";

C. That in the case of a permit for a publicly owned use no time limit shall apply to utilization of such permit provided that the public agency:

1. Within two years of the date of such approval, either acquires the property involved or commences legal proceedings for its acquisition; and

2. Immediately after the acquisition of, or the commencement of legal proceedings for the acquisition of the property, posts such property with signs, having an area of not less than 20 square feet nor more than 40 square feet in area per face indicating the agency and the purpose of which it is to be developed. One such sign shall be placed facing and located within 50 feet of each street, highway or parkway bordering the property. Where the property in question is not bounded by a street, highway or parkway, the agency shall erect one sign facing the street, highway or parkway nearest the property.

A conditional use permit shall be considered used within the intent of this section when construction or other development authorized by such permit has commenced that would be prohibited in the zone if no permit had been granted.

(Prior zoning ord. § 501.17)

(Ord. No. 924, § 1, 8-25-09; Ord. No. 995, § 2, 12-10-13)

A conditional use permit approved in conjunction with a tentative map shall have the same expiration date as the approved tentative map or any extension of the map, unless a specific expiration date is specified in the approval of the conditional use permit.

(Ord. No. 995, § 1, 12-10-13)

Where an appeal is filed relative to any conditional use permit, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date.

(Prior zoning ord. § 501.18)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A conditional use permit granted by action of the commission, shall automatically cease to be of any force and effect if the use for which such conditional use permit was granted has ceased or has been suspended for a consecutive period of 2 or more years. This provision shall not apply to permits granted for alcohol sales establishments pursuant to Chapter 17.42, which shall be subject to the requirements of Section 17.42.130.

(Ord. 896 § 1 (Exh. A § 27), 2008; prior zoning ord. § 501.19)

Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance.

(Prior zoning ord. § 501.20)

The decision of the commission shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.

(Prior zoning ord. § 501.21)

Unless specifically modified by a conditional use permit, all regulations prescribed in the zone in which such conditional use permit is granted shall apply.

(Prior zoning ord. § 501.22)

A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land.

(Prior zoning ord. § 501.23)

The sign provisions prescribed in residential zones shall not apply to uses granted by conditional use permit. In granting a conditional use permit, the commission may approve signing which it deems appropriate for such use provided, however, that no sign or signs may be authorized that would exceed a sign area of 25 square feet or a total sign area of 50 square feet or a height of 12 feet in residential zones or exceed 100 square feet of sign area or 200 square feet of total sign area in commercial zones, except as otherwise provided in the CPD zone. Where the commission fails to specifically approve such signs, those provisions applicable to principal permitted uses in the specific zone in which the use is located shall be deemed to have been specified.

(Prior zoning ord. § 501.24)