Chapter 17.66 — VARIANCES

When practical difficulties, unnecessary hardships or results inconsistent with the general intent and purpose of this title occur by reasons of the strict interpretation of any of its provisions, the commission or council, upon its own motion may, or upon the verified application of any interested person, shall initiate proceedings for consideration of the granting of a variance from the provisions of this title under such conditions as may be deemed necessary to assure that the intent and purpose of this title be observed and that the health, safety and public welfare be secured and that substantial justice be done, not only to the applicant but to persons other than the applicant who might be affected by such variance. A variance shall not be construed as an amendment to this title or cause the maps which are a part of this title to be changed.

(Prior code § 1898 (part))

17.66.020 - Application—Forms—Investigation.

A.

Applications for variances shall be made to the planning commission in writing, on forms authorized.

B.

The commission shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this title.

(Prior code § 1898 (b))

The applicant shall set forth in detail the reasons for the requested variance, shall show thereon how the conditions set forth in this chapter are satisfied, and all other information as may be required by the commission. The commission or council, upon appeal, before it may grant a variance must make a finding in writing that in the evidence presented, all of the first five of the following conditions exist in reference to the property being considered:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to its intended use which do not apply generally to other property in the same zoning district and neighborhood;

B.

That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district and neighborhood;

C.

That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in which the property is located;

D.

That the granting of such a variance will not be contrary to the objectives of the master plan;

E.

That the granting of the variance will not authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property;

F.

That a variance may be considered where it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this title or any ordinance adopted pursuant to it.

(Prior code § 1898 (a))

Upon receipt of a complete application for a variance, the planning commission shall fix a time and place of public hearing thereon not less than fifteen days nor more than forty days thereafter. The chairman of the planning commission, or the acting chairman, may administer oaths and compel attendance of witnesses.

(Prior code § 1898 (d))

17.66.050 - Application—Hearing—Notice.

A.

Notice shall be published in a daily newspaper with general circulation in the city or if there is none, then in one within the general vicinity not less than ten days before the date set by the planning commission for the hearing.

B.

Notices shall be mailed not less than five days prior to the date of the meeting to owners of property within a radius of five hundred feet of the external boundaries of the property described in the application using, for this purpose, the last known name and address of such owners as are shown on the tax roll of the county of Los Angeles. Such notice shall contain pertinent data relating to the case.

C.

Notices shall be posted by posting not less than one sign in front of the subject property and additional signs at not greater than three hundred foot intervals within a radius of three hundred feet of the external boundaries of the subject property; provided, however, that no less than three such signs shall be posted in relation to any required hearing. The posted notice shall contain thereon pertinent data relating to the case to be heard.

(Prior code § 1898 (e))

Within forty days after the conclusion of the hearing, the planning commission shall, at a regular meeting or scheduled meeting, render a decision in writing. The decision shall be filed with the council and a copy thereof shall be mailed to the applicant at the address shown on the application.

(Prior code § 1898 (f))

Within forty days after the date of the first hearing, a written report of the decision of the planning commission shall be filed with the council and mailed to the applicant at the address shown on the application.

(Prior code § 1898 (h))

The planning commission, in granting a variance, may establish reasonable conditions which shall assure the intent and purpose of this title.

(Prior code § 1898 (g))

A.

The decision of the planning commission shall be final unless an appeal therefrom is taken to the council, as provided for in this section. Such decision shall not become effective for twenty days from the date that the written decision has been made and notice thereof mailed to the applicant by registered mail, during which time written appeal therefrom may be taken to the city council by the applicant or any other person aggrieved by such decision. The city council may, upon its own motion, cause any decision of the planning commission to be appealed.

B.

If the planning commission fails to make its decision within the time limits specified in Section 17.66.060, the applicant may file an appeal with the city council requesting a decision by that body. Such appeal shall be filed within twenty days after the expiration of the time limit within which the planning commission must act. An application shall be dismissed without further action in the event of the failure of the planning commission to act and where no appeal is filed with the city council within such twenty day period.

C.

The filing of an appeal stays proceedings in the matter appealed from until the determination of the appeal.

D.

On the appeal, the city council shall review the decision of the planning commission, hear new evidence and testimony, if offered, and in deciding the appeal may either affirm, reverse or modify the decision of the planning commission.

(Prior code § 1898 (i))

A.

The planning director, or a member of the planning department, as designated by the city manager, may grant certain minor deviations to established development standards within the following limits, provided he finds the request to be consistent with the general plan of the city, does not conflict with any other provisions of the zoning ordinance, and does not adversely affect surrounding properties, or the property of the applicant:

1.

A decrease of not more than ten percent of the required building site lot size, width or depth;

2.

A decrease of not more than ten percent of the required width of a side yard or the required setback distance between buildings;

3.

A decrease of not more than ten percent of the required front or rear yard;

4.

An increase of not more than ten percent in the permitted height of the fence or wall, with the exception of fenced recreational enclosures;

5.

An increase of not more than ten percent of the permitted projection of eaves, overhangs, etc., into any required front, rear or side yard;

6.

An increase of not more than ten percent in the maximum allowable lot coverage;

An increase of not more than ten percent in the permitted height of buildings;

8.

A single story addition built along existing building lines that encroaches into a side yard where that side yard was legally established but is nonconforming;

9.

The permitted height of solid material fencing allowed in the rear and side setbacks where there is a grade differential of more than thirty-six inches between adjoining lots in the residential zones;

10.

An encroachment into a required front yard of a developed residential lot, which does not project closer to the front property line than the forwardmost building line.

B.

Procedure.

1.

Application for minor deviations shall be made to the planning director, in writing, on forms authorized, accompanied by a fee. The fee shall be one-half of the cost of a variance as set forth by resolution of the city council.

2.

Notice of the application shall be given to all owners of contiguous and adjacent properties by first-class mail at least ten days prior to the rendering of a decision by the planning director. After receiving a request for a minor deviation for any of those items specified in subsection A of this section, the planning direction shall either grant, deny, or grant with conditions, the application. The applicant, all owners of contiguous and adjacent property and members of the planning commission and city council shall be mailed a copy of the director's decision. The decision shall be final unless appealed by a party in interest within twenty calendar days of the date of the mailing of the decision.

3.

If an appeal is filed with the planning commission, the commission shall review the decisions of the director at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting shall be mailed to all contiguous and adjacent property owners. The commission, upon reviewing the record of the proceedings before the director and the appeal, shall either sustain, overturn or modify the director's decision. Notice of the commission's decision shall be mailed to both the applicant and the appellant. The decision of the commission shall be final unless appealed to the city council by a party in interest, or appealed by the city council on its own motion, within twenty calendar days of the decision.

4.

Except when appeal is an action of the city council, appeal to the city council shall be in writing and shall be accompanied by a filing fee, which shall be the same as the application fee for the minor deviation request. The city council shall review the decision of the commission at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting shall be sent to all contiguous and adjacent property owners. The city council, upon reviewing the record of the proceedings before the commission, shall either sustain, overturn, or modify the decision of the commission. The decision of the city council shall be final. Notice of the council's decision shall be mailed to the applicant and the appellant by the city clerk within ten calendar days of the decision.

(Prior code § 1898 (j))

17.66.110 - Voiding.

A.

The planning Commission or city council may void any variance for noncompliance with the conditions set forth in approving the variance upon giving the holder of such variance ten days' written notice prior to taking action thereon.

B.

(Deleted by Ord. No. 668).

C.

The city council or planning commission may, for good cause, prior to the issuance of a building permit for any building authorized pursuant to any variance, void any such variance upon giving the holder of such variance ten days' written notice prior to taking action thereon.

(Prior code § 1898 (k))

(Ord. No. 668, § 1, 10-12-2010)

Chapter 17.68 - CONDITIONAL USE PERMITS

Whenever it is stated in this title that certain uses may be permitted subject to securing a conditional use permit, it shall mean that the uses so defined may be permitted in a district in which they are not listed when such uses are necessary to the development of the community, and which uses are in no way detrimental to existing uses or to those permitted in this district. In no case shall a conditional use permit be granted in any district for a use specifically prohibited in the district within which the subject property is located.

(Prior code § 1900 (part))

17.68.020 - Application—Forms—Investigation.

A.

Applications for a conditional use permit shall be made to the city in writing on forms authorized by the planning commission.

B.

The planning commission shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this title.

C.

In cases where the planning commission considers the conditions set forth on the application not within the scope of the conditional use permit procedure, the applicant shall be so informed, whereupon, if the application is filed, it shall be signed by the applicant to the effect that he was so informed. Filing of an application does not constitute an indication of approval.

(Prior code § 1900 (a))

The planning commission shall make its findings in writing within forty days after the date of the hearing and shall forthwith transmit a copy thereof to the applicant and to the council. If the commission fails to report within the time designated herein, it shall lose jurisdiction and the applicant may appeal to the council.

(Prior code § 1900 (b))

17.68.040 - Application—Conditions of approval.

The planning commission shall set forth such conditions as are necessary and proper to preserve the integrity and character of the district, the utility and value of adjacent property, and to protect the health, safety and general welfare of the district.

(Prior code § 1900 (c))

A.

The decision of the planning commission shall be final unless an appeal therefrom is taken to the city council, as provided for in this subsection. Such decision shall not become effective for twenty days from the date that the written decision has been made and notice thereof mailed to the applicant, during which time written appeal therefrom may be taken to the city council by the applicant or any other person aggrieved by such decision. The council may, upon its own motion, cause any planning commission decision to be appealed.

B.

If the planning commission fails to make its decision within the time limits specified in Section 17.68.030, the applicant may file an appeal with the city council requesting a decision by that body. Such appeal shall be filed within twenty days after the expiration of the time limit within which the planning commission must

act. An application shall be dismissed without further action in the event of the failure of the planning commission to act and where no appeal is filed with the city council within such twenty-day period.

C.

The filing of an appeal stays proceedings in the matter appealed from until the determination of the appeal.

D.

On the appeal, the city council shall review the decision of the planning commission, hear new evidence and testimony, if offered, and in deciding the appeal either affirm, reverse or modify the decision of the planning commission.

(Prior code § 1900 (d))

A.

At the request of any aggrieved person, or upon motion of the city council or planning commission, a public hearing shall be held before the planning commission for the purpose of reviewing a conditional use permit. Notice of the hearing shall be given to the holder of the conditional use permit at least thirty days prior to the date of such hearing by personal delivery to the holder or, if personal delivery is not possible, by registered mail with postage prepaid and return receipt requested.

B.

At the conclusion of the public hearing, the conditional use permit may be revoked if the planning commission finds, based upon the evidence presented at the hearing:

1.

That the conditional use permit was obtained by fraud;

2.

That the use for which the conditional use permit was granted has ceased or has not been exercised for a period of one year or more;

3.

That any condition or conditions thereof have not been complied with in full; or

4.

That as a result of a change of circumstances, the use permitted by the conditional use permit poses an immediate threat to the public health, safety and welfare.

C.

The planning commission may, as an alternative to revocation of the conditional use permit, modify the existing conditions of the conditional use permit or add new conditions if the ground which would otherwise justify the revocation of the conditional use permit can be corrected or cured by the modification or existing conditions or the addition of new conditions.

D.

Any party aggrieved by the decision of the planning commission may appeal the decision to the city council which may affirm, reverse or modify such decision. If no appeal is filed within fifteen days from the date of the planning commission decision, that decision shall be deemed final.

(Prior code § 1900 (e))

Chapter 17.70 - SPECIAL USE PERMITS

Whenever it is stated in this title that certain uses may be permitted subject to securing a special use permit, it shall mean that the cases so defined may be permitted when they are in no way detrimental to existing uses or those uses permitted in the districts.

(Prior code § 1916 (part))

Applications for special use permits shall be made to the planning commission in writing on authorized forms.

(Prior code § 1916 (b)(1))

The planning commission shall investigate the facts bearing on the case and determine same at public hearing but no publication or posting of notice thereof shall be required.

(Prior code § 1916 (b)(2))

Before granting a permit, the issuing agency must make a finding, in writing, that the following conditions exist:

A.

That the granting of the permit will not be detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood of the subject property;

B.

That the granting of the permit will be consistent with the objections of the general plan;

C.

That the granting of the permit will not authorize a use which is prohibited in the subject zoning district;

D

That the owners of the parcels nearest the proposed use, as determined by the planning department, have been notified, in writing, and due consideration given to any protest by one or more of the owners.

(Prior code § 1916 (a))

The planning commission shall render a written decision within forty days after the close of the public hearing. The decision shall be filed with the council and a copy mailed to the applicant.

(Prior code § 1916 (b)(3))

Any person aggrieved may appeal the planning commission decision to the city council within twenty days after approval of the special use permit.

(Prior code § 1916 (c))

In granting a special use permit, reasonable conditions may be established to insure the intent and purpose of this title.

(Prior code § 1916 (d))

Chapter 17.72 - ADMINISTRATION AND ENFORCEMENT

17.72.010 - Form of applications, petitions and appeals.

The city council or the planning commission shall prescribe the form and scope of all petitions and applications provided for in this title, and of the accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter involved in each case and for a permanent record thereof. Any petition, as provided for in this title, shall include a verification by at least one of the petitioners, attested to before a notary public or before the city clerk.

(Prior code § 1907)

17.72.020 - Building permit issuance restrictions.

A.

No building or structure shall be erected on a lot which abuts a street having only a portion of its required street width dedicated and where no part of such dedication would normally revert to the lot if the street were vacated, unless provision is made for the dedicating and improving of that portion of the street

required by and being a portion of the lot. Improvements shall be installed in conformity with the standards established for the remainder of the street frontage of which the lot is a part, but shall not include less than the installation of curb and gutter on that side of the centerline of the street upon which the lot fronts. All yards required by this title shall also be provided.

B.

No building permit shall be issued where the structure or structures to be erected will have the effect of depriving other persons of the use of their property, or will have the effect of invalidating the master plan or any element thereof, without first subjecting the proposals to the council for review and study of possible alternates which might better serve the community.

(Prior code § 1894)

17.72.030 - Certificates of occupancy.

A.

Trailers. No automobile trailer shall be used as a place of human habitation.

B.

Lands. A certificate of occupancy shall be applied for before any vacant land is hereafter used or such use is in conformity with the provisions of this title; provided further, that no certificate of occupancy shall be required where the land is to be used for tilling the soil and growing thereon farm, garden or orchard products.

C.

Contents—Records. The certificate of occupancy shall state that the building or proposed use of a building or land complied with all laws and ordinances and with the provisions of this title. A record of certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(Prior code § 1905)

17.72.040 - Other uses which the council deems to be similar defined.

When the term "other uses which the council deems to be similar" is used, it means those other uses which, in the judgment of the council, are similar to and not more objectionable to the health, safety and general welfare than the uses listed in a less restrictive district be permitted in a more restrictive district.

(Prior code § 1893 (a))

When the term "subject to council review and approval" is used, a site plan and elevations shall be submitted to enable the council to determine whether the proposed use will be detrimental to the existing uses in the district in which it proposed to be placed. The council may permit the use subject to such

conditions as it shall deem necessary to protect such conditions and general welfare and shall find as follows:

A.

That the site proposed for the proposed use is adequate in size and shape to accommodate the proposed use, and for all of the yards, setbacks, walls or fences, landscaping and other features required by this title to adjust the use with those on abutting land and in the neighborhood;

B.

That the size for the proposed use related to streets and highways properly designed both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use;

C.

That in approving the subject use at the specific location, there will be no adverse effect on abutting property or the permitted use thereof;

D.

That in requiring certain safeguards against possible blighting influences, such as those listed in this subsection, the council deems the requirements to be the minimum necessary to protect the health, safety and general welfare:

1.

Special setbacks and buffers,

2.

Fences and/or walls,

3.

Lighting,

4.

Paving of parking areas,

5.

Regulation of time for certain activities,

6.

Regulations of points of vehicular ingress and egress,

7.

Regulation of noise, vibration, odors, etc.,

8.

Regulation of signs,

9.

Requiring landscaping and maintenance thereof,

10.

Requiring maintenance of the grounds,

11.

Requiring service roads and/or alleys when practical,

12.

Such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.

(Prior code § 1893 (b))

The existing use or uses of all buildings, improvements and premises not in conformity with the standards or requirements of the land use zoning district in which they are located, in accordance with the provisions of this title, and which uses are legal or for which permits, variances or conditional exceptions were granted under previous zoning ordinances, may continue as nonconforming uses, conditional uses, or variances, as defined in this title, and subject to the provisions regulating such nonconforming uses or the terms and conditions applicable to such conditional uses or variances.

(Prior code § 1802)

The area, dimension and population density provisions of the sections dealing with property development standards shall apply to all lots; provided, however, that where a lot has a width or area less than that required in the zoning district of which it is a part and was held under separate ownership or was of record March 15, 1960, such lot may be occupied by the uses permitted in the district, subject to the lot area per dwelling unit and yard requirements and such other regulations as apply uniformly to all lots in the district.

(Prior code § 1803)

Whenever the public necessity, convenience, general welfare or good zoning practice require, the city council may amend, supplement or change the regulations, zone boundaries or classifications or property, now or hereafter established by this title, or otherwise amend this title as follows:

A.

Amendments, supplements or changes that do not change any property from one zone to another or improve any new regulation or modify or remove any existing regulation on the use or development of property may be initiated and adopted, and without compliance with this title.

B.

Amendments, supplements or changes in this title and/or the accompanying official zoning map which change any property from one zone to another or which add, modify or remove any regulation pertaining to the use or development of property shall be initiated and adopted in accordance with the procedures stated in this section.

C.

Such changes may be initiated by the city council, planning commission or owner or bona fide agent of any land or building. A petition for change of zone shall be filed on forms provided by the city for this purpose, and shall be duly signed and verified by the petitioner.

D.

Any or all petitions to be filed under and pursuant to subjection B of this section must be filed with the commission not less than fifteen days prior to the date set for the hearing of the petition.

E.

Hearings on petitions filed pursuant to subsection B of this section shall be as follows:

1.

The planning commission shall hold one public hearing upon the matters referred to in such petition and thereupon within forty days of the hearings shall make a determination and report thereof to the city council.

2.

The city council, after receipt of the report and recommendations, or its own initiative shall, after one public hearing, either approve, modify or reject the same.

3.

Posting shall be in conformity with the provisions of Section 17.66.050.

(Prior code § 1899)

A.

Planning Commission. The planning commission shall:

Administer regulations of this title and amendments thereto;

2.

Hear and decide all matters involving variances and conditional use permits;

3.

Make recommendations upon suspensions or modifications of setback ordinances; and

4.

Perform such other duties as are requested by the council or otherwise required by law.

B.

Building Inspector. It shall be the duty of the building inspector:

1.

To enforce the provisions of this title pertaining to the erecting, construction, reconstructing, moving, conversion, alteration of, or addition to, any building; and

2.

To enforce the requirements of occupancy in any dwelling, apartment house, or other building not otherwise regulated by the license officer as herein stated.

C.

Police Department. It shall be the duty of the police department of the city to enforce all of the requirements of this title pertaining to land use or occupancy, and it shall be the duty of all police officers to cause complaints to be filed against all persons violating any of the requirements of this title unless such action is otherwise delegated as stated herein, wherever any land use or occupancy becomes a public nuisance.

D.

License Officer.

1.

The license officer shall enforce all of the requirements of this title pertaining to the land use and/or occupancy of all buildings or structures used for business, commercial or industrial purposes. No business license shall be used for the operation of any business or enterprise upon any property or within any district, contrary to any of the requirements of this title, or any other applicable sections of this code.

2.

Before any new business license is issued by the license officer for the use or occupancy of any property or building, a certificate of clearance indicating satisfactory compliance with the rules, regulations and ordinances delegated for enforcement by other city departments shall be obtained by the license officer from the police, fire, health, engineering and building departments.

(Prior code § 1906)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of land, building or premises established, conducted or operated or maintained contrary to the provisions of this title, shall be and the same is declared to be unlawful and a public nuisance and the city attorney of the city, upon order of the city council shall immediately commence action or proceedings for the abatement and removal and the enjoining thereof in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove the structure or building, and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or use of any such building or structure or using property contrary to the provisions of this title. The remedies provided herein shall be cumulative and not exclusive.

(Prior code § 1908)

A.

When an administrative zoning approval is granted by the planning director for an "over-the counterapproval", the applicant shall have two years from the effective date of approval (via a "zone clearance stamp" by the planning department) in which to submit said plans for plan check to the department of building and safety, when a building permit or similar permit is required by the department of building and safety. When a building permit or similar permit is not required, then the applicant shall have completed the work within two years from the date of zone clearance. Once said time period(s) lapse, the zone clearance shall be deemed expired and new plans shall be submitted and new application fees paid to the planning department for review and approval.

B.

For all projects involving zoning approval for a neighborhood compatibility determination, minor deviation, landscaping and irrigation, grading, and sign permit, approved either administratively or by the planning commission, zoning approval(s) shall be valid for a period of two years from the effective date of approval, such that the applicant shall obtain all necessary permits from the department of building and safety within two years, and all construction shall be in conformance with the approved plans. Any alternations or additions to the approved plans, or any changes to the exterior treatment including but not limited to exterior building materials or the size, shape, or location of windows or other openings, or changes to the size, location or amount of any hardscape shall be reviewed by the planning director to determine if further planning commission approval is necessary.

C.

For all zoning approvals involving a conditional use permit (CUP), special use permit (SUP), variance and precise plan of design (PPD) resolution, one of the two following conditions of approval shall appear in the resolution(s) with respect to the length of time a zoning approval is valid. If there have been no changes in the proposed plans or adjacent areas, the planning commission may grant a time extension in accordance with the following:

1.

Large projects, generally defined as a building with a floor area(s) in excess of ten thousand square feet, and/or as further determined by the planning director, shall be subject to a twelve-month time period (commencing upon the effective date of project approval), in which the entire project must be submitted for plan check review with the department of building and safety, with two six-month time extensions maximum allowed to be granted by the planning commission.

2.

Small projects, generally defined as a building with a floor area(s) with less than ten thousand square feet, and/or as further determined by the planning director, shall be subject to a six-month time period (commencing upon the effective date of project approval), in which the entire project must be submitted for

plan check review with the department of building and safety, with two six-month time extensions maximum allowed to be granted by the planning commission.

(Ord. No. 668, § 1, 10-12-2010)

17.72.120 - Staking and flagging (silhouettes) for new construction and additions to buildings.

A.

Staking and flagging (silhouettes) is a useful planning tool to evaluate the mass and bulk of a proposed project/building as well as for evaluating potential view impacts from surrounding properties/buildings. In residential districts, silhouettes are mandatory for the following:

1.

Second story additions inclusive of second story additions to an existing two-story home;

2.

First story additions in view-sensitive areas where a neighbor's view may be impacted;

3.

Increases in roof ridge height from what is existing;

4.

New homes on vacant lots; and

Any other circumstance where it is determined that a silhouette would assist a neighboring party, the planning director or his/her designee, the planning commission, and/or the city council in evaluating concerns related to views and/or mass and bulk of a proposed project.

B.

All silhouettes must be certified by a licensed land surveyor or civil engineer using the form available from the planning department and should be erected early in the planning process to assist in project evaluation. Specific requirements on how to construct a silhouette are also available from the planning department.

C.

A silhouette must be erected and certified at least fourteen days prior to the planning commission hearing date and remain in place at least through the appeal period (twenty days). If the project is appealed to city council, then the silhouette must remain in place until which time the city council has rendered a decision. Once a decision has been made and/or the appeal period has expired, the silhouette must be removed within fourteen days. In the event that a project has been continued for further revisions, the silhouette may remain in place for up to sixty days, unless good cause can be shown that the silhouette should remain for a longer period of time, as determined by the planning director, for the purposes of modifying and recertifying the existing silhouette for a revised project.

D.

In nonresidential districts, silhouettes may be required as determined by the planning director, planning commission, and/or city council during project review.

(Ord. No. 668, § 1, 10-12-2010)

Chapter 17.74 - PUBLIC FACILITIES FEES[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. 726, § 3(Exh. A), adopted May 14, 2019, repealed the former Ch. 17.74, §§ 17.74.010—17.74.100, and enacted a new Ch. 17.74 as set out herein. The former Ch. 17.74 pertained to similar subject matter and derived from Ord. No. 647, § 1, Aug. 26, 2008.

The purpose of this chapter is to implement the goals and objectives of the city's general plan and to mitigate the impacts caused by new development within the city through the imposition of public facilities fees necessary to finance public facilities and to assure that each new development pays its fair share for these facilities.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

17.74.020 - Definitions.

When used in this chapter and in resolutions adopted under this chapter, words and phrases will have the following meanings unless another meaning is plainly intended, or expressly provided. To the extent that terms utilized in this chapter are not defined, but are defined elsewhere in the Rolling Hills Estates Municipal Code, such terms have those meanings.

"Accessory building" means a secondary building on a single-family lot other than the main habitable building(s) or any second dwelling unit. Examples include workshops, storage sheds, detached private garages, guesthouses, tool/garden sheds, playhouses and animal shelters. Accessory buildings may be attached to the main building or may be detached structures. If attached to the main building, the structure must comply with ordinance and structural requirements of the main building.

"Affordable housing" means (1) for rental housing units that are rented to "lower income households" (as defined in Health & Safety Code section 50079.5) at an "affordable rent" (as defined in Health & Safety Code section 50053), or (2) for housing units offered for sale, that are sold to "persons or families of low or moderate income" (as defined in Health & Safety Code section 50093) at a purchase price that will not cause the purchaser's monthly housing cost to exceed the "affordable housing cost" (as defined in Health & Safety Code section 50052.5).

"Calculation" means the point in time at which the city calculates the amount of the public facilities fees to be paid by the applicant.

"Commercial General Mixed Use Overlay Zone" means that portion of the Commercial General Zone set forth in Chapter 17.30 of this code that has the mixed use overlay set forth in Chapter 17.37 of this code, as referenced in Planning Area 6 in the Land Use Element of the city's general plan.

"Development project" means any project undertaken for the purpose of development. Development project includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

"Fee" means a money exaction, other than a tax or special assessment, which is charged by the city to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project.

"Imposition" means the determination that public facilities fees are applicable to the development and the attachment of the fee as a specific condition of development approval.

"Mitigation Fee Act" has the meaning set forth in Government Code section 66000.5.

"Public facility" includes public improvements, public services and community amenities.

"Quimby Act" means California Government Code section 66477.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

17.74.030 - Applicability.

A.

Applicants for new development within the city must pay the categories of public facilities fees identified in the following table as applicable to the development project, except as otherwise provided by Section 17.74.040 (Exemptions). These fees constitute an equitable share of the cost of mitigating future project demands for the identified facilities and services. Applicants will also be responsible for paying any other fee required by the city, including those set forth by resolution or by the municipal code, and any additional mitigation measures imposed as part of the environmental review process.

PUBLIC FACILITIES FEES

B.

The amount of applicable fees will be set by resolution of the city council. The city may establish an automatic annual fee adjustment using an appropriate cost index.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

17.74.040 - Exemptions and reductions in fees.

A.

The following development projects or portions of projects are exempt from the fee requirements of this chapter:

1.

Nonresidential development which replaces on the same lot previously existing, legal nonresidential development, not to exceed the square footage of the previously existing legal development. If the project applicant is proposing to increase the square footage of the existing legal development, the fee will be assessed based on the increase in square footage.

2.

Residential development which replaces on the same lot previously existing legal residential development, unit for unit, of the same type. If the project applicant is proposing to replace an existing legal dwelling unit or units with a greater number of units on the same lot, then the fee will be paid for the number of new dwelling units that exceed the number of the existing legal dwelling units on that lot.

3.

Rehabilitation or remodeling of previously existing, legal residential development.

4.

The construction of a garage, pool house, or accessory building.

5.

Development of golf course open space areas, including driving ranges, fairways and greens only. All structures, paved parking areas, sales areas and other similar non-open-space areas of the golf course are subject to payment of fees.

6.

Development by local, state or federal governments for governmental use.

7.

The reconstruction of any development project that is damaged or destroyed as a result of a natural disaster as declared by the Governor. Any reconstruction of real property or portion thereof which is not substantially equivalent to the damaged or destroyed property will be deemed to be new construction and fees will be calculated pursuant to Government Code section 66011.

8.

Park and recreation fees for residential development projects that require a subdivision, which are subject to Quimby Act fees calculated under Chapter 16.08 of this code.

B.

A residential or mixed use development that provides affordable housing, but does not meet the minimum thresholds to qualify for a density bonus and/or other incentive(s) under Government Code section 65863, will be assessed 50 percent of the fee that would otherwise be imposed for those units designated as affordable housing. This fee reduction only applies to the individual housing units which are designated as affordable housing and not to the entire development project. This section does not apply to and does not alter the fees that will be assessed against a development project that provides affordable housing but qualifies for a density bonus and/or other incentives under Government Code section 65863.

C.

If the city council determines that a development project provides a special and unique benefit to the city and its residents over and above the benefits required under other provisions of the city's municipal code, or is necessary to protect the health and safety of city residents, it may waive or reduce the public facilities fees.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

17.74.050 - Payment of fees.

A.

Public facilities fees are imposed as a condition of development approval unless expressly exempted by this chapter or prohibited by law.

B.

The fees required by this chapter will be paid in compliance with the following procedures:

1.

Nonresidential Projects. The fees required from nonresidential applicants must be paid before the city issues a building permit for the project.

2.

Phased Nonresidential Projects. If a nonresidential project will be constructed in phases, and separate building permits will be issued for each phase, the fees imposed in compliance with this chapter will be calculated on the basis of the gross floor area of the entire project. The fees may be paid separately for each phase of the project so that the amount paid upon issuance of a building permit will be the percentage of the total fee equal to the percentage of project's gross floor area allowed to be constructed by the building permit.

3.

Residential Projects. The fees required from a residential project applicant will be paid in accordance with the provisions of Government Code section 66007 and will be collected at the earliest time allowed under that section. The city may, prior to the issuance of a building permit for a residential development subject to the fees, require that the applicant, as a condition to the issuance of a building permit, execute a contract to pay the applicable fees prior to issuance of a certificate of occupancy.

provisions of Government Code section 66007 and will be collected at the earliest time allowed under that section. The city may, prior to the issuance of a building permit for a residential development subject to the fees, require that the applicant, as a condition to the issuance of a building permit, execute a contract to pay the applicable fees prior to issuance of a certificate of occupancy.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

17.74.060 - Public facilities fee account.

The city will deposit each category of public facilities fees received in separate public facility accounts to be expended for the purpose for which they were collected, and will expend the fees solely for the purpose for which they were collected. The city will retain fee interest accrued and allocate it to the accounts for which the original fee was imposed.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

17.74.070 - Refunds.

A.

Undeveloped projects. If a building permit expires without commencement of construction, then the fee payer may be entitled to a refund, without interest, of the fee paid as a condition for its issuance. The fee payer must submit an application for refund to the city clerk within 60 calendar days of expiration of the building permit. Failure to timely submit the required application for refund will constitute a waiver of any right to the refund.

B.

Unexpended fees. Any unexpended fees collected may be refunded in accordance with the Mitigation Fee Act.

(Ord. No. 726, § 3(Exh. A), 5-14-2019)

Chapter 17.76 - DENSITY BONUS AND OTHER INCENTIVES

17.76.005 - Definitions.

"Affordable housing cost" has the definition set forth in California Health and Safety Code section 50052.5.

"Affordable rent" has the definition set forth in California Health and Safety Code section 50053. However, for Section 17.76.010(C)(9), the affordable rent will be calculated, in accordance with California Government Code section 65915(c)(1)(B)(ii).

"Child care facility" means a facility other than a family day care home, including but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

"Common interest development" has the definition set forth in California Civil Code section 4100.

"Concession" or "Incentive" means any of the following:

1.

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, as provided in Part 2.5 (the State Building Code commencing with Health and

Safety Code section 18901) of Division 13 of the Health and Safety Code, including but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required, that results in identifiable and actual cost reductions.

2.

Approval of mixed use zoning in conjunction with a housing project, if commercial, office, industrial or other land uses will reduce the cost of a housing development, and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3.

Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable and actual cost reductions.

This definition does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land, by the city or the waiver of fees or dedication requirements.

"Disabled veteran" has the definition set forth in California Government Code section 18541.

"Density bonus" means a density increase over the otherwise maximum allowable gross residential density under the applicable zoning code provisions and the land use element of the general plan as of the date of application by the applicant to the city.

"Development standard" means the site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution or regulation.

"Director" means the director of community development or the director's designee.

"Homeless person" has the definition set forth in 42 U.S.C. Section 11301 and following.

"Homeless service provider" has the definition set forth in California Health and Safety Code section 103577(e)(3).

"Housing development" means a development project for five or more residential units, including mixeduse developments. "Housing development" also includes a subdivision or common interest development, or the substantial rehabilitation of an existing multi-family dwelling where the result of the rehabilitation would be a net increase in the number of residential units.

"Lower income households" has the definition set forth in California Health and Safety Code section 50079.5.

"Lower income students" has the definition set forth in California Government Code section 65915(o)(3), and includes students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in California Education Code section 69432.7(k)(1).

"Major transit stop" has the definition set forth in California Public Resources Code section 21155(b).

"Maximum allowable residential density" means the density allowed under the zoning code, or if a range of density is permitted, the maximum allowable density for the specific zoning range applicable to the project.

"Moderate income households" has the definition for "persons or families of moderate income" set forth in California Health and Safety Code section 50093(b).

"Multi-family dwelling" has the definition set forth in California Government Code section 65863.4(d).

"Property containing existing affordable housing" means any property that includes any parcel on which rental dwelling units are or have been: (1) subject to any other form of rent or price control through a public entity's valid exercise of its police power; (2) occupied by lower or very low income households; or (3) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and households of lower or very low income. Such rental dwelling units include rental dwelling units that have been vacated or demolished in the five-year period preceding the application seeking the density bonus.

"Qualified nonprofit housing corporation" is a nonprofit housing corporation organized pursuant to section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

"Replace" has the definition set forth in California Government Code section 65915(c)(3)(B).

"Senior citizen housing development" has the definition set forth in California Civil Code section 51.3.

"Specific, adverse impact" has the definition set forth in California Government Code section 65589.5(d)(2).

"Special needs housing development" has the definition set forth in California Health and Safety Code section 51312.

"Student housing unit" has the definition set forth in California Government Code section 65915(b)(1)(F)(ii), and includes a unit that consists of one rental bed and its pro rata share of associated common area facilities, that is subject to a recorded affordability restriction of at least fifty-five years.

"Supportive housing development" has the definition set forth in California Health and Safety Code section 50675.14, which includes housing for the homeless or disabled with no limit on length of stay, and linked to onsite or offsite assistance services.

"Total units" or "total dwelling units" has the definition set forth in California Government Code section 65915(o)(6).

"Transitional foster youth" has the definition set forth in California Education Code section 66025.9.

"Unobstructed access" means access where a resident is able to travel without encountering natural or constructed impediments, as outlined in California Government Code section 65915(p)(2).

"Very low income households" has the definition set forth in California Health and Safety Code section 50105.

(Ord. No. 690, § 1, 12-10-2013; Ord. No. 744, § 3(Exh. A), 10-11-2022)

A.

Application. Any person that desires a density bonus must make an application on a form approved by the director at the time of submitting an entitlement application for the housing development for which a density bonus is requested. The density bonus provided by this chapter only applies to housing developments consisting of five or more dwelling units.

B.

Incentives and concessions. When an applicant seeks a density bonus for a housing development or for the donation of land for housing within the city, the city must provide the applicant incentives or concessions for the production of housing units and child care facilities as provided in this chapter.

C.

Available density bonus options. The planning commission or city council will grant one density bonus, the amount of which will be as specified in Section 17.76.030, and incentives or concessions as described in Section 17.76.020, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one of the following:

1.

Ten percent of the total units of a housing development for rental or sale to lower income households.

2.

Five percent of the total units of a housing development for rental or sale to very low income households.

3.

A senior citizen housing development.

4.

Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, provided that all units in the development are offered to the public for purchase.

5.

Ten percent of the total units of a housing development for transitional foster youth, to be provided at the same affordability level as very low-income units.

6.

Ten percent of the total units of a housing development for disabled veterans, to be provided at the same affordability level as very low-income units.

7.

Ten percent of the total units of a housing development for homeless persons, to be provided at the same affordability level as very low-income units.

8.

Twenty percent of the total student housing units for lower income students in a student housing development that meets the requirements of California Government Code section 65915(b)(1)(F).

9.

One hundred percent of the total units, exclusive of a manager's unit or units, are for lower income households, except that up to twenty percent of the total units in the development may be for moderateincome households, as defined in California Health and Safety Code section 50053.

D.

Applicant's election of basis for bonus. For purposes of calculating the amount of the density bonus pursuant to Section 17.76.030, the applicant who requests a density bonus pursuant to this section must elect the bonus to be awarded on the basis of the criteria set forth in Section 17.76.010(C).

E.

Continued affordability.

1.

Qualified Households. An applicant must agree that the occupants of the low, very low, and moderate income units that are directly related to the receipt of the density bonus in a housing development must be low, very low, or moderate income households, as applicable.

2.

Term.

(a)

An applicant must agree to set rents at affordable rent levels and to the continued affordability of all rental units that qualified the applicant for the award of the density bonus for a period of fifty-five years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

(b)

All for-sale units must initially be sold at an affordable housing cost and will remain subject to a resale affordable housing cost restriction for a period of fifty-five years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or other subsidy program. The applicable resale affordable housing cost restriction period will reset upon each sale of an affordable unit.

3.

Equity Sharing. The city will require an equity-sharing agreement for all for-sale units, unless such an agreement would be in conflict with the requirements of another public funding source or law.

F.

Housing development involving property containing existing affordable housing.

An applicant is not eligible for a density bonus, or any other incentives or concessions under this chapter, for a proposed housing development involving a property containing existing affordable housing, unless:

1.

The proposed housing development replaces the existing affordable housing units; and

2.

Either:

(a)

The proposed housing development, inclusive of the units replaced, contains affordable units at the percentages set forth in Section 17.76.010(C); or

(b)

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

G.

Qualified nonprofit housing corporation. For-sale units may be purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in section 402.1(a)(10) of the Revenue and Taxation Code and that includes all of the following:

1.

A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser.

2.

An equity sharing agreement.

3.

Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least forty-five years for owner-occupied housing units and will

be sold or resold only to persons or families of very low, low, or moderate income, as defined in section 50052.5 of the Health and Safety Code.

(Ord. No. 690, § 1, 12-10-2013; Ord. No. 744, § 3(Exh. A), 10-11-2022)

The following provisions must be included in any equity-sharing agreement required under this chapter:

A.

Upon resale, the seller of the unit may retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation, except as provided in subsection (B) below. The city will recapture any initial subsidy and its proportionate share of appreciation, which amount must then be used within five years for any of the purposes that promote home ownership, as described in California Health and Safety Code section 33334.2(e).

B.

If the unit is purchased or developed by a qualified nonprofit housing corporation, the city may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use one hundred percent of the proceeds to promote homeownership for lower income households.

C.

For purposes of this section, the city's initial subsidy will be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the very low, low, or moderate income household, as applicable, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale will be used as the initial market value.

D.

For purposes of this section, the city's proportionate share of appreciation will be equal to the ratio of the initial subsidy to the fair market value of the unit at the time of initial sale.

(Ord. No. 690, § 1, 12-10-2013; Ord. No. 744, § 3(Exh. A), 10-11-2022)

A.

An applicant for a density bonus pursuant to Section 17.76.010 may submit a proposal for the specific incentives or concessions that the applicant requests pursuant to this chapter, and may request a meeting with the director.

B.

Subject to subsection (C) below, the applicant will receive the following number of incentives or concessions:

1.

One incentive or concession for projects that include at least ten percent of the total units for lower income households, at least five percent for very low income households, or at least ten percent for moderate income households in a development in which the units are for sale.

2.

Two incentives or concessions for projects that include at least seventeen percent of the total units for lower income households, at least ten percent for very low income households, or at least twenty percent for moderate income households in a development in which the units are for sale.

3.

Three incentives or concessions for projects that include at least twenty-four percent of the total units for lower income households, at least fifteen percent for very low income households, or at least thirty percent for moderate income households in a development in which the units are for sale.

4.

Four incentives or concessions for projects under Section 17.76.010(C)(9). If this type of project is located within one-half mile of a major transit stop, the applicant may also receive a height increase of up to three additional stories, or thirty-three feet.

5.

One incentive or concession for projects that include at least twenty percent of the total units for lower income students in a student housing development.

C.

The planning commission or city council must grant the concession or incentive requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:

1.

The concession or incentive is not required in order to provide for affordable housing costs, or for rents for the targeted units to be set as specified in Section 17.76.010(E);

2.

The concession or incentive would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or

The concession or improvement would be contrary to state or federal law.

(Ord. No. 690, § 1, 12-10-2013; Ord. No. 744, § 3(Exh. A), 10-11-2022)

17.76.025 - Waiver or reduction of development standards.

A.

An applicant may submit to the city a proposal for the waiver or reduction of development standards that the applicant believes will have the effect of physically precluding the construction of a housing development that meets the criteria of Section 17.76.010(C) at the densities or with the concessions or incentives permitted by this chapter, and may request a meeting with the director. Such proposal may not increase the number of incentives or concessions that the applicant is entitled to under Section 17.76.020.

B.

The planning commission or city council must waive or reduce the development standard requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:

1.

The waiver or reduction would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

2.

The waiver or reduction would be contrary to state or federal law.

C.

A housing development that receives a waiver from maximum controls on density pursuant to Section 17.76.30(G) is not eligible for a waiver or reduction of development standards under this section.

(Ord. No. 690, § 1, 12-10-2013; Ord. No. 744, § 3(Exh. A), 10-11-2022)

17.76.030 - Calculation of density bonus.

A.

The applicant may elect to accept a lesser percentage of density bonus.

B.

The amount of density bonus to which the applicant is entitled will vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 17.76.010(C).

C.

For housing developments meeting the criteria of Section 17.76.010(C)(1), the density bonus will be calculated as follows:

D.

For housing developments meeting the criteria of Section 17.76.010(C)(2), the density bonus will be calculated as follows:

E.

For housing developments meeting the criteria of Sections 17.76.010(C)(3), 17.76.010(C)(5), 17.76.010(C) (6), and 17.76.010(C)(7), the density bonus will be 20 percent.

F.

For housing developments meeting the criteria of Section 17.76.010(C)(4), the density bonus will be calculated as follows:

G.

For housing developments meeting the criteria of Section 17.76.010(C)(9), the density bonus will be eighty percent of the units reserved for lower income households. If such development is located within one-half mile of a major transit stop, the city will not impose any maximum controls on density.

H.

For housing developments meeting the criteria of Section 17.76.010(C)(8), the density bonus will be thirtyfive percent of the number of student housing units.

I.

All density calculations resulting in fractional units will be rounded up to the next whole number. The granting of a density bonus will not be interpreted, in and of itself, to require a general plan amendment, zoning change, study other than those provided under Government Code section 65915(j)(1), or other discretionary approval.

J.

Granting a density bonus will not be interpreted to require the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards, except as provided for in Sections 17.76.20 and 17.76.25.

(Ord. No. 690, § 1, 12-10-2013; Ord. No. 744, § 3(Exh. A), 10-11-2022)

17.76.035 - Additional density bonus through donation of land.

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city, as provided for in this section, the applicant will be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning and the land use element of the general plan for the entire development, as follows:

A.

This increase will be in addition to any increase in density mandated by Section 17.76.010(C), up to a maximum combined density increase of thirty-five percent, if an applicant seeks increases required pursuant to both this section and Section 17.76.010(C).

1.

All density calculations resulting in fractional units will be rounded up to the next whole number.

2.

Nothing in this section will be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

B.

An applicant will be eligible for the increased density bonus described in this section if all of the following conditions are met:

1.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map or parcel map or residential development application.

2.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households, in an amount not less than ten percent of the number of residential units of the proposed development.

3.

The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure.

(a)

The land must have appropriate zoning and development standards to make the development of the affordable units feasible.

(b)

No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land must have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review, to the extent

authorized by California Government Code section 65583.2(i), if the design is not reviewed by the city prior to the time of transfer.

4.

The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.76.010(E)(1) and (2), which restriction will be recorded on the property at the time of the transfer.

5.

The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such housing developer.

6.

The transferred land must be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

(Ord. No. 690, § 1, 12-10-2013; Ord. No. 744, § 3(Exh. A), 10-11-2022)

17.76.040 - Additional density bonus or concession or incentive through provision of child care facility.

A.

When an applicant proposes to construct a housing development that conforms to the requirements of Section 17.76.010(C) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the planning commission or city council must grant either of the following:

1.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or

2.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B.

The planning commission or city council will require, as a condition of approving the housing development, that the following occur:

1.

The child care facility must remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 17.76.010(E).

Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section 17.76.010(C).

C.

Notwithstanding any requirement of this section, the planning commission or city council is not required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

D.

For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus is permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

E.

The granting of a concession or incentive will not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(Ord. No. 690, § 1, 12-10-2013; Ord. No. 744, § 3(Exh. A), 10-11-2022)

Nothing in this chapter will be construed to prohibit the planning commission or city council from granting a density bonus greater than what is described in this chapter for a development that meets the requirements of this chapter, or from granting a proportionately lower density bonus than what is required by this chapter for developments that do not meet the requirements of this chapter.

(Ord. No. 690, § 1, 12-10-2013; Ord. No. 744, § 3(Exh. A), 10-11-2022)

17.76.050 - Parking requirements.

A.

Upon the request of the applicant, the city will not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of Section 17.76.010(C) that exceeds the following ratios:

1.

Zero to one bedrooms: one onsite parking space.

2.

Two to three bedrooms: one and half onsite parking spaces.

Four and more bedrooms: two and one-half parking spaces.

B.

The applicant may apply for a vehicular parking ratio, inclusive of handicapped and guest parking, that does not exceed .5 onsite parking spaces per unit, for a development which includes at least twenty percent of the units meeting the criteria of Section 17.76.010(C)(1), or which includes eleven percent of the units meeting the criteria in Section 17.76.010(C)(2), that is located within one-half mile of a major transit stop, and has unobstructed access to the major transit stop. The applicant may apply for a vehicular parking ratio, inclusive of handicapped and guest parking, that does not exceed .5 onsite parking spaces per bedroom, for a development which includes at least forty percent of the units meeting the criteria of Section 17.76.010(C)(4), that is located within one-half mile of a major transit stop, and has unobstructed access to the major transit stop.

C.

The applicant may request that no vehicular parking requirement apply for a development that consists solely of rental units exclusive of a manager's unit) with an affordable housing cost to lower income households, and is either:

1.

Located within one-half mile of a major transit stop, and has unobstructed access to the major transit stop; or

2.

A for-rent housing development for individuals who are sixty-two years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, and has either paratransit service, or unobstructed access to a fixed bus route service that is within .5 miles and operates at least eight times per day.

D.

The applicant may request that no vehicular parking requirement apply for a development that:

1.

consists solely of rental units (exclusive of a manager's unit) with an affordable housing cost to lower income households; and

2.

is either a supportive housing development, or a special needs housing development that has either paratransit service, or unobstructed access to a fixed bus route service within one-half miles that operates at least eight times per day.

E.

If the total number of parking spaces required for a development is other than a whole number, the number will be rounded up to the next whole number. For purposes of this section, a development may provide

"onsite parking" through tandem parking or uncovered parking, but not through on-street parking.

F.

This section applies to a development that meets the requirements of Section 17.76.010(C), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this chapter, subject to Section 17.76.020.

G.

Notwithstanding Sections 17.76.050(B) and (C), if the city or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the city may impose a higher vehicular parking ratio, not to exceed the ratio described in Section 17.76.050(A), based upon substantial evidence found in the parking study that includes an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking

requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low income individuals, including seniors and special needs individuals. The city will pay the costs of any new study. The city may make findings, based on a parking study completed in conformity with this section, supporting the need for the higher parking ratio.

(Ord. No. 690, § 1, 12-10-2013; Ord. No. 744, § 3(Exh. A), 10-11-2022)

Chapter 17.78 - SPECIAL EVENT PERMITS

A special event permit is primarily intended to allow for the short-term placement of charitable or non-profit activities in temporary facilities or out-of-doors, except as otherwise provided in this chapter. All activities will be regulated so as to avoid incompatibility between such uses and surrounding areas.

(Ord. No. 731, § 3(Exh. A), 5-26-2020)

The following words and phrases when used in this chapter will have the meaning set forth in this section.

"Director" means the Director of Community Development or his or her designee.

"Supervisor" means the Community Services Supervisor or his or her designee.

(Ord. No. 731, § 3(Exh. A), 5-26-2020)

17.78.030 - Permitted special events by district.

A.

No use listed in this section may be conducted on any city or private property, unless approval of a special event permit has been granted for that use.

B.

The following is an exclusive listing of the special events that may be permitted, subject to the issuance of a special event permit in accordance with this chapter:

1.

City property (including parks, public rights-of-way, sidewalks, and parking lots):

a.

Organized outdoor recreational activities, including any equestrian events or shows, non-motorized race, walkathon, bike-a-thon or similar type event that does not qualify for a park permit under Chapter 12. 24 of this Code.

b.

Parades and ancillary activities.

c.

Street fairs, carnivals, and outdoor markets.

d.

Outdoor concerts.

e.

Similar special events to items (a) thru (d) listed in this subsection, which the director or supervisor determines to be compatible with the purposes of this chapter and with the applicable zone and surrounding land uses.

f.

Temporary film production.

g.

Certified farmers markets.

2.

Commercial Districts — C-G (Commercial General); C-O (Commercial Office); C-R (Commercial Recreation); I (Institutional):

a.

Auctions.

b.

Certified farmers markets.

c.

Christmas tree or pumpkin patch lots.

d.

Outdoor car shows, carnivals, or circuses.

e.

Outdoor concerts or music performances.

f.

Temporary outdoor sales or promotional events in conjunction with a permanent retail facility.

g.

Street fairs, trade fairs, job fairs.

h.

Youth, nonprofit, or charitable organization, projects, or events.

i.

Similar special events to items (a) thru (h) of this subsection, which the director determines to be compatible with the purposes of this chapter and with the zone and surrounding land uses.

j.

Temporary film production.

3.

Residential Districts — R-A-20:

a.

Outdoor concerts.

b.

Community fairs.

c.

Trade fairs/job fairs.

d.

Youth, nonprofit, or charitable organization projects or events.

e.

Similar special events to items (a) thru (d) listed in this subsection, which the director determines to be compatible with the purposes of this chapter and with the applicable zone and surrounding land uses.

f.

Temporary film production.

g.

Certified farmers markets.

4.

Open Space Recreation (OS-R) District (non-city property):

a.

Organized outdoor recreational activities, including any equestrian events or shows, non-motorized race, walkathon, bike-a-thon or similar type of recreational event.

b.

Youth, nonprofit, or charitable organization projects or events.

c.

Similar special events to items (a) thru (b) of this subsection, which the director determines to be compatible with the purposes of this chapter and with the zone and surrounding land uses.

d.

Temporary film production.

5.

Agricultural District:

a.

Organized outdoor recreational activities, including any equestrian events or shows, non-motorized race, walkathon, bike-a-thon or similar type of recreational event.

(Ord. No. 731, § 3(Exh. A), 5-26-2020)

A.

A special event permit must be obtained prior to the commencement of any special event.

B.

Application for a special event permit must be made on the city-prepared application form and must include the applicable application fee. Applications for a special event permit on city property will be made to the supervisor. All other applications will be made to the director.

C.

The application will require all information necessary for review of the application by appropriate city and county departments.

D.

The director or supervisor, as applicable, will cause the application to be circulated to all concerned city and county departments and personnel for recommendations.

E.

In reviewing an application for a special event permit, the director or supervisor will consider the potential effect of such a use on adjacent public and private property, traffic, and local aesthetic impacts, parking, setbacks, structural soundness, site orientation and arrangement, and hours of operation. The director or supervisor may impose such reasonable conditions as necessary to mitigate potential adverse impacts.

F.

The director or supervisor will review the recommendations of the concerned departments and will notify the applicant of approval, conditional approval or disapproval of the permit. In making such decision the director or supervisor will consider and make the following findings with respect to any approval or conditional approval:

1.

The event can occur safely, and will not adversely impact the health or safety of surrounding properties or persons occupying or using such properties.

2.

There is sufficient city, police, fire and other personnel available to support the event and the use of such resources will not deny reasonable services to other areas of the city.

3.

The event will not adversely interfere with previously approved or scheduled city construction, maintenance or other activities.

4.

The event will not adversely impede the reasonable use of city streets, sidewalks, trails, and parks.

G.

The director or supervisor may include in a special event permit, among other provisions, reasonable conditions as to the time, place and manner of the event, including the regulations in this chapter, reimbursement for the cost for special services provided by city personnel and the use of city equipment and other direct expenses incurred by the city, and a clean-up/damage deposit.

H.

Special events may be subject to additional permits, licenses or inspections as required by any applicable law, code or regulation.

(Ord. No. 731, § 3(Exh. A), 5-26-2020)

17.78.050 - General permit regulations.

A.

Zoning District. Special events are limited to their specific zoning districts in which they are listed as permitted under this chapter.

B.

Siting. The siting of special events must, to the maximum extent practical, avoid significant reduction in the number of required on-site parking spaces or parking necessary to serve adjoining uses.

C.

Maintenance of Unimproved Areas. All unimproved areas utilized for the special event must be maintained in a manner to remove any nuisance impacts, which may include dampening of soil, addition of ground cover material, or other approved means.

D.

Sanitary Facilities. Sanitary facilities may be required, either permanent or portable, for all employees, attendants, and participants of the special event during its operational hours as approved in accordance with public health standards.

E.

Solid Waste and Recycling. Solid waste disposal and recycling requirements may be imposed in accordance with the size and scope of the event.

F.

Days and Times. The hours of operation and days may be regulated, including a limitation of the duration of the special event to a shorter time period than that requested. Certain repetitive special events such as a certified farmers market may be issued an annual special event permit. Alternatively, a trial period may be required before approving a repetitive event.

G.

Limitation on Number and Frequency. Special events held in a public park may be limited as to number and frequency of events, excluding events which are sponsored or cosponsored by the city.

H.

Deposit. A deposit, or other acceptable security, in an amount set by the director or supervisor may be required to ensure removal of all materials used in connection with, or resulting from, the special event use and to cover potential damage to any city property.

I.

Hold Harmless. As a condition of any special event permit, the applicant will be required to sign an agreement in a form approved by the city attorney, to indemnify and hold harmless the city from all activities undertaken pursuant to the permit.

J.

Insurance. As a condition of any special event permit, the applicant must provide general liability insurance naming the city, its elected and appointed officials, employees, and agents, as additional insureds. Limits of coverage and the acceptability of insurance is subject to approval by the city's risk manager and city attorney. Certificates of insurance must be submitted for approval at least fourteen days prior to the day of the event.

(Ord. No. 731, § 3(Exh. A), 5-26-2020)

17.78.060 - Certified farmers markets—Special permit regulations.

No person may conduct, or permit the conduct, of a certified farmers market unless a special event permit is first issued pursuant to this chapter. Applications for a permit for a certified farmers market will be processed in the manner provided in this chapter. The following additional provisions will apply to such an application:

A.

A permit for a certified farmers market may only be issued to a nonprofit organization.

B.

Each application for such a permit must designate a person who is authorized by the applicant to be exclusively responsible for activities authorized pursuant to the permit.

C.

Only foodstuff and merchandise may be offered for sale, or sold at a certified farmers market. "Merchandise" means prepared foods, nonalcoholic beverages, and crafts prepared specifically by the permitee. Each permit will contain a condition of approval approving specifically any items of merchandise allowed to be sold at the certified farmers market by the permittee. Only a permittee may sell or offer for sale merchandise at a certified farmers market. Foodstuff may be sold at a certified farmers market only by the person who has grown or produced such foodstuff and who holds a valid agricultural certificate.

D.

Sale of baked goods may be authorized by the operator of the certified farmers market and sold in a location that is separate from the certified farmers' market vendors. The baked goods may only be prepared and displayed in a manner allowed by appropriate permits issued by the Los Angeles County Environmental Health Department.

(Ord. No. 731, § 3(Exh. A), 5-26-2020)

17.78.070 - Permit denial; revocation; appeal; review.

A.

Permit Denial. An application may be denied on any of the following grounds:

1.

The application fails to comply with this chapter.

2.

The applicant provided false or misleading information.

3.

Previous permit violations by the applicant or organization.

4.

The findings in section 17.78.040(F) cannot be made.

B.

Permit Revocation. A special event permit issued in accordance with the provisions of this chapter may be revoked if the director or supervisor finds that any of the following conditions exist:

1.

The failure to comply with any condition of the special event permit or provision of this chapter or code.

2.

The special event has become detrimental to the public health, safety, or welfare, or constitutes a public nuisance.

3.

The permit was obtained in a false, misleading, or fraudulent manner.

New information after the permit was approved indicates materially different circumstances or facts from those known and considered at the time of approval.

The decision of the director or supervisor to deny or revoke a permit may be appealed to the city manager as provided in this section; provided, however, that the filing of such appeal will not stay the enforcement of the revocation order.

C.

Appeal to City Manager. Appeals from any decision of the director or supervisor regarding a permit denial or revocation must be made in writing and filed with the department of community development within fifteen days from the date of the issuance of the decision. The appeal must be made on the approved form available from the department of community development and must include the grounds for the appeal and the appeal processing fee established by the city council. The appeal will be final ten days following the date of the city manager's decision, and thereafter subject only to judicial review.

(Ord. No. 731, § 3(Exh. A), 5-26-2020)

The following signage is permitted as part of a special event permit.

A.

On-Site Signage.

1.

One on-site banner is permitted per approved event during the day of the event. If the on-site event involves a permitted street closure, one on-site banner is permitted to identify the event at each street closure.

2.

The banner may not exceed thirty-six square feet in area and three feet in height.

3.

When mounted on posts or a fence, the top of the banner may not exceed eight feet in height. If mounted on a building, the banner may not exceed the roofline of the building.

B.

Off-Site Signage. A permittee may have off-site signs as part of an approved event in accordance with city's policy for special event signage. In addition, up to ten directional signs, each not to exceed six square feet in area and four feet in height are permitted only on private property during the day of the event.

C.

The terms "directional sign," "off-site sign," and "on-site sign," used in this section have the meaning ascribed to such terms in Chapter 17.60 of this Code.

(Ord. No. 731, § 3(Exh. A), 5-26-2020)

A.

All uses permitted by special event permit must be terminated on or before the expiration date indicated upon the permit. All materials or products used in connection with or resulting from the special event must be removed at the conclusion of the event or as set forth in the permit.

B.

Upon the removal of all materials associated with the approved special event, the permittee must request an inspection by the city to make a determination regarding the release, or other disposition of any security or clean-up deposit.

(Ord. No. 731, § 3(Exh. A), 5-26-2020)

17.78.100 - Special event permit fees and charges.

A.

Special event permit fees and charges will be established by city council resolution. The cost for reimbursable city services will be invoiced to the permittee within fifteen days after the expiration of the permit, and the permittee must pay such costs with thirty days of invoice otherwise late charges will apply.

B.

The permittee will be responsible for paying any applicable Los Angeles County Sheriff, Los Angeles County Fire, or other Los County department service charges incurred in connection with or due to the permittee's activities under the permit.

(Ord. No. 731, § 3(Exh. A), 5-26-2020)