Long Beach Municipal Code Div. XI Determination of Applicable Law

The City recognizes that gaining local and public approvals for the development of land can be time-consuming 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)