Division X — (REPEALED) DIVISION XI. - DETERMINATION OF APPLICABLE LAW

The City recognizes that gaining local and public approvals for the development of land can be timeconsuming and that, during the process and prior to project completion, applicable local law, including local zoning regulations, may change. Such changes may place applicants in the approval "pipeline" at considerable economic risk. In order to reasonably reduce that risk, while maintaining appropriate opportunities for local agency review and full public input and participation, the process set forth in this Division is established for the purpose of assuring applicants of the continued applicability of certain local laws and regulations, under the terms and conditions set forth in this Division.

(Ord. C-6546 § 2 (part), 1988)

A.

Notwithstanding any provision of Section 21.21.201, the right to apply for a determination of applicable law pursuant to this Division XI shall be limited to affected property owners or their agents designated in writing at the time of application.

B.

The application for a determination pursuant to this Division XI shall include a complete description of the project for which a determination is being sought and shall also set forth an itemization of all permits and other grants of entitlement required by law for such project and an indication that such permits and grants have either been granted or that they are being applied for as a part of the application for determination.

C.

No application shall be deemed complete pursuant to this Section until it has been accepted as complete by the Department of Planning and Building, which Department may require such additional or supplemental information as it considers to be reasonably necessary to enable further processing and full understanding of the application.

(Ord. C-6546 § 2 (part), 1988)

Within sixty (60) days of acceptance of an application for determination as complete under this Division XI, the Zoning Administrator shall set the application for public hearing before the Planning Commission.

(Ord. C-6546 § 2 (part), 1988)

The Planning Commission shall consider all applications for a determination pursuant to this Division XI, and the decision of the Planning Commission shall be final unless the decision is appealed to the City Council in accordance with the provisions of Division V of Chapter 21.21.

(Ord. C-6546 § 2 (part), 1988)

A.

The Planning Commission shall consider any application for a determination of applicable law pursuant to the provisions of this Division XI, and may grant such determination if the application meets all requirements of law including, but not limited to all requirements of this Division XI.

B.

The effect of the granting of a determination pursuant to this Division XI will be to empower an applicant to complete a project, insofar as it is described and permitted under the application, pursuant to the provisions of local law as they existed at the time that a determination granted hereunder becomes final.

C.

No determination granted hereunder shall operate to obviate or make inapplicable any change in local law following the grant of the determination if:

1.

The change in law is outside the scope of the project described and permitted in the application and determination; or

2.

The change in law affects a permit or entitlement that was not described and included, through inadvertence, mistake, or otherwise, in the application and determination; or

3.

It fails, in any way or for any reason, to comply with all requirements of this Division XI or any other provision of law in effect at the time of final grant of determination.

(Ord. C-6546 § 2 (part), 1988)

The Planning Commission, and the City Council on appeal, may grant a determination of applicable law pursuant to this Division XI if, and only if, it first makes, after public hearing, each of the following findings:

A.

The project has been or is approved for site plan review pursuant to Division V of this Chapter 21.25; and

B.

The project complies with all applicable provisions of law, including, but not limited to, all applicable zoning regulations; and

C.

The project has complied, or will comply, with all applicable environmental requirements including those relating to proceedings conducted pursuant to this Division XI;

D.

The project is consistent with the provisions of the zoning district in which it is proposed to be located; and

E.

The project is consistent with the General Plan of the City of Long Beach; and

F.

No amendments to the General Plan, the zoning regulations or the applicable zoning district have been initiated at the time of or prior to the grant of determination which would affect the use, design or lawfulness of the project.

(Ord. C-6546 § 2 (part), 1988)

A.

A determination of applicable law shall be effective for one hundred eighty (180) days following the date upon which the granting of the determination becomes final. Thereafter, the determination shall cease to be of any further force and effect, and the project shall be subject to all applicable local laws as they then or thereafter exist, unless:

1.

Complete drawings and fees are submitted for plan check within the one hundred eighty (180) day period. In such case, the determination shall continue to be effective through the plan check period but in no event longer than one (1) year from the date of submittal to plan check. If a building permit is not issued within one (1) year of submittal to plan check, the determination shall expire. If a building permit is issued within the year, then the determination shall continue for the period during which the building permit is valid and lawfully in full force and effect. To remain valid, construction under the building permit must begin and be completed through the passage of the first inspection within six (6) months of issuance of the building permit. For purpose of this Subsection 21.25.1115.A.1, a foundation permit shall be treated as equivalent to a building permit but grading, demolition, electrical, mechanical or plumbing permits shall not be considered or treated as building permits; or

2.

A time extension request is filed, together with all required fees, prior to the expiration of the one hundred eighty (180) day period. Such an extension shall be heard by the Planning Commission or, on appeal, the City Council and shall be noticed in the same manner as the original hearing. At such extension hearing, the Planning Commission, or on appeal, the City Council may approve the extension if they find the applicant has made a good-faith effort to complete drawings for plan check but was unable to do so because of the size or complexity of the project. Sale or transfer of title of a project shall not be grounds for an extension. No extension shall be granted that will allow the determination to continue more than one (1) year from the date of its first being granted without submittal of the project to plan check.

(Ord. C-6546 § 2 (part), 1988)

DIVISION XII. - INTERIM PARK USE PERMIT

The City recognizes that vacant lots, due to their nature, have the potential to create an impression of blight and decay in a neighborhood. In addition to the negative visual impact, vacant lots are a potential source for nuisances (such as trash, debris, and rodents). Thus, as a means of unifying neighborhoods for the purpose of eliminating unsightly vacant lots and enhancing their neighborhood's visual and physical surroundings, community groups may opt to replace them with interim neighborhood serving parks.

(Ord. C-7378 § 26, 1995)

Notwithstanding the provisions of Section 21.21.201 (Application), the right to apply for an interim park use permit shall be limited to affected property owners or their agents. Applications for interim park use permits may be submitted only for playground uses as indicated in the applicable zone district use table. If the proposed project does not comply with an applicable development standards, a separate standards variance application shall also be required.

(Ord. C-7378 § 26, 1995)

The City Council shall consider all applications for an interim park use permit. The decision of the City Council shall be final.

(Ord. C-7378 § 26, 1995)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject permit and must be incorporated into the record of the proceedings relating to such approval or denial:

A.

The proposed use is compatible with the surrounding neighborhood;

B.

The proposed use will not be detrimental to the surrounding community including public health, safety or general welfare, environmental quality or quality of life; and

C.

The approval is in compliance with the special conditions of approval established for playgrounds as listed in Chapter 21.52.

(Ord. C-7378 § 26, 1995)

The City Clerk shall set the matter for public hearing before the City Council within sixty (60) days of receiving a completed application.

(Ord. C-7378 § 26, 1995)

Conditions required by Division II of Chapter 21.52 may be waived but only if the waiver of those conditions will not conflict with required findings, provided that conditions necessary for the protection of public health, safety and welfare may not be waived under any circumstances.

(Ord. C-7378 § 26, 1995)

All conditions pertaining to the operation of the use shall be permanently posted, on a form provided by the Director of Planning and Building, at a location clearly visible to the public utilizing the facility.

(Ord. C-7378 § 26, 1995)

All projects for which an interim park use permit was approved shall be required to undergo an annual reinspection to verify compliance with the conditions of approval. The property owner shall be required to pay an annual fee to the City as established by the City Council to cover the costs of the reinspection program.

(Ord. C-7378 § 26, 1995)

DIVISION XIII. - REASONABLE ACCOMMODATION

It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of this Division is to provide a process for

individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

(Ord. C-7639 § 1, 1999)

21.25.1303 - Definitions.

A.

Act. The Fair Housing Amendments Act of 1988.

B.

Applicant. An individual making a request for reasonable accommodation pursuant to this Division.

C.

Code. The Long Beach Municipal Code.

D.

Department. The Department of Planning and Building of the City of Long Beach.

E.

Disabled Person. Any person who has a physical or mental impairment that substantially limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. People who are currently using illegal substances are not covered under the Act or this Division unless they have a separate disability.

F.

Group Home. Refers to any and all facilities which are regulated by the provisions of the California Community Care Facilities Act (Health and Safety Code Section 1500 et seq.), the California Residential Care Facilities for the Elderly Act (Health and Safety Code Section 1569) or any alcoholism or drug abuse recovery or treatment facility as defined by Health and Safety Code Section 11834.02 or any successor statutes.

G.

Increased Occupancy. Refers to a request to increase the number of individuals permitted or licensed by State or local law to occupy a group home.

(Ord. C-7639 § 1, 1999)

The Department of Planning and Building shall prominently display in both the Development Services Center and the Planning Bureau a notice advising those with disabilities or their representatives that they may request a reasonable accommodation hearing in accordance with the procedures established in this Division.

(Ord. C-7639 § 1, 1999)

A.

In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

B.

If an individual needs assistance in making the request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant.

C.

A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the Department at any time that the accommodation may be necessary to ensure equal access to housing.

(Ord. C-7639 § 1, 1999)

A.

Zoning Officer/Building Official. The Zoning Officer, or Building Official, as appropriate, shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the Zoning Officer or Building Official for review and consideration. The Zoning Officer or Building Official shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may: (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, or (3) deny the request. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by certified mail, return receipt requested.

B.

If necessary to reach a determination on the request for reasonable accommodation, the Zoning Officer or Building Official may request further information from the applicant consistent with this Division, specifying in detail what information is required. In the event a request for further information is made, the thirty (30) day period to issue a written determination shall be stayed until the applicant responds to the request.

(Ord. C-7639 § 1, 1999)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record of the proceeding relating to such approval or denial:

A.

The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Act.

B.

The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Act.

C.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

D.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the City.

E.

For housing located in the coastal zone, a request for reasonable accommodation under this Section shall be approved by the City if it is consistent with Subsections 21.25.1311.A through 21.25.1311.D above, and the certified Local Coastal Program. Where a request for reasonable accommodation is not consistent with the certified Local Coastal Program, the City may waive compliance with an otherwise applicable provision of the Local Coastal Program and approve the request for reasonable accommodation if the City finds:

1.

The requested reasonable accommodation is consistent, to the maximum extent feasible, with the certified Local Coastal Program; and

2.

There are no feasible alternative means for providing an accommodation at the property that would provide greater consistency with the certified Local Coastal Program.

(Ord. C-7726 § 2, 2001; Ord. C-7639 § 1, 1999)

21.25.1313 - Appeals.

A.

Within thirty (30) days of the date the Zoning Officer or Building Official issues a written determination, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination.

B.

All appeals shall contain a statement of the grounds for the appeal.

C.

Appeals shall be to the Planning Commission who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. All determinations on appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

D.

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.

(Ord. C-7639 § 1, 1999)

21.25.1315 - Reasonable accommodation relating to requests for increased occupancy of group homes.

A.

All requests for reasonable accommodation relating to increased occupancy of a group home shall be filed first with the City's Zoning Officer.

B.

The Zoning Officer may hold a hearing on a request for reasonable accommodation relating to the increased occupancy of a group home, or may instead, at his/her sole discretion, refer the application to the Planning Commission for hearing. If the Zoning Officer acts on a request for reasonable accommodation pursuant to this Section, the Zoning Officer shall hear the matter and issue a written determination within thirty (30) days of the date of receipt of a completed application. If the Planning Commission acts on a request for reasonable accommodation pursuant to this Section, the Planning Commission shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days of receipt of a completed application.

C.

Notice of hearing pursuant to this Section shall be provided not less than fourteen (14) days prior to the hearing and shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within three hundred feet (300′) of the real property that is the subject of the hearing. In all cases under this Section, the applicant shall bear the cost of the radius mailing.

D.

The Zoning Officer or Planning Commission acting pursuant to this Section, shall: (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, including, but not limited to, a condition requiring the applicant to show proof of any required State license for the activity or occupancy contemplated, or (3) deny the request.

E.

The Zoning Officer or Planning Commission, as appropriate, shall explain, in writing, the basis of the determination including the Zoning Officer's or Planning Commissioner's findings on the criteria set forth in Section 21.25.1311. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of the determination shall be sent to the applicant by certified mail, return receipt requested.

F.

Within thirty (30) days of the issuance of a written determination on the hearing conducted pursuant to this Section, any aggrieved party within the meaning of this Code, may file an appeal from the determination of the Zoning Officer or Planning Commission. Appeals from a determination of the Zoning Officer shall be to the Planning Commission, appeals from a determination of the Planning Commission shall be to the City Council. All appeals shall contain a statement of the grounds for the appeal.

G.

Appeals to the Planning Commission or City Council pursuant to this Section shall be heard as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. All determinations on appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(Ord. C-7639 § 1, 1999)

21.25.1317 - Fee.

There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this Division, except that a fee equivalent to the fee imposed for an administrative use permit shall be required if the application for reasonable accommodation relates to an increase in the occupancy of a group home.

(Ord. C-7639 § 1, 1999)

CHAPTER 21.27 - NONCONFORMITIES[[4]]

Footnotes:

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Note— 1. Prior ordinance history: Ord. C-6533, 1988; Ord. C-6595, 1989; Ord. C-6684, 1990; Ord. C-6822, 1990; Ord. C-6933, 1991; Ord. C-7032, 1992; Ord. C-7047, 1992; Ord. C-7064, 1992; Ord. C-7247, 1994; Ord. C-7274, 1994; Ord. C-7399, 1996; Ord. C-7500, 1997; Ord. C-7550, 1998.