Chapter 9.27 — VARIANCES

These provisions are intended to relieve the owner of property from an inability to make reasonable use of his property in the same manner that other property of like character in the same vicinity and zone can be used. A variance shall not be granted which confers a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone in which the subject property is situated or which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 58, Renumbered, 08/14/85, 9.25.010; Ord. No. 108, Amended, 07/24/90)

Application for a variance shall be filed in a manner consistent with the requirements contained in Chapter 9.35 of this Article.

(Ord. No. 58, Renumbered, 08/14/85, 9.25.020; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

All applications for variances shall be subject to approval or rejection by the Planning Commission.

(Ord. No. 58, Renumbered, 08/14/85, 9.25.030; Ord. No. 108, Amended, 07/24/90)

Upon receipt in proper form of a variance application, a public hearing shall be set and notice of such hearing given in a manner consistent with Chapter 9.32 of this Article.

(Ord. No. 51, repealed, 04/10/84; Ord. No. 58, Renumbered, 08/14/85, 9.25.040; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

Following a public hearing, the Commission shall record the decision in writing and shall recite therein the findings of fact upon which such decision is based.

The Commission may approve and/or modify an application in whole or in part, with or without conditions, only after making all of the following findings of fact in a positive manner:

There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings such that strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

2.

The granting of such variance will not be detrimental to the public interest, safety, health or welfare, and will not be detrimental or injurious to the property or improvements in the same vicinity and zone in which the property is located.

3.

The granting of such variance will not be contrary to or in conflict with the general purposes and intent of this Article nor to the goals and programs of the General Plan.

4.

The variance request is consistent with the purpose and intent of the zone in which the site is located.

5.

The subject site is physically suitable for the proposed variance.

6.

There are adequate provisions for water, sanitation and public utilities and services to ensure that the proposed variance would not be detrimental to public peace, health and safety.

7.

There will be adequate provisions for public access to serve the use authorized by the variance.

(Ord. No. 58, Renumbered, 08/14/85, 9.25.050; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

No permits shall be issued for any use involved in an application for approval of a variance until, and unless, the same shall have become final.

(Ord. No. 58, Renumbered, 08/14/85, 9.25.060; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

The City may initiate and the Commission shall hold a public hearing upon the question of revocation or modification of a variance granted under or pursuant to the provisions of this Chapter. Notice of such hearing shall be given pursuant to Chapter 9.32 of this Article and shall be served in writing either in person

or by registered mail on the owner of the property for which such variance was granted at least fourteen (14) days prior to such public hearing.

A variance may be revoked or modified by the Council if it finds that one or more of the following conditions exists:

1.

The variance was obtained in a fraudulent manner.

2.

One or more of the conditions of the variance have not been complied with.

3.

A public nuisance exists.

In addition, after a variance has been granted, modification of the conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or the owner's authorized representative. Consideration shall only be given to those matters raised in the application including any mitigation measure or condition associated therewith. Modification shall only be granted if the Commission finds, after a public hearing, that the modification is consistent with the provisions of this Article and will not be detrimental to the public health, safety and welfare.

(Ord. No. 53, Amended, 06/13/84; Ord. No. 58, Renumbered, 08/14/85, 9.25.070; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

Variance decisions shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (App. November 30, 1989) relating to siting and siting criteria for hazardous waste facilities.

(Ord. No. 58, Renumbered, 08/14/85, 9-1-25-080; Ord. No. 108, Amended, 07/24/90)

CHAPTER 9.28. - HOME OCCUPATIONS

These provisions are intended to allow the conduct of home enterprises which are incidental to and compatible with surrounding residential uses. A home occupation is gainful employment engaged in by the occupant(s) of a dwelling. A home occupation shall not require frequent customer access or have associated characteristics which would reduce the residents' enjoyment of their neighborhood. This Chapter shall not abrogate, annul or impede enforcement by homeowner associations Covenants, Conditions and Restrictions of record or amendments thereto that prohibit home occupations.

(Ord. No. 58, Renumbered, 08/14/85, 9.26.010; Ord. No. 192-05, Amended, 3/9/05)

Home occupations shall comply with the following operating standards:

1.

The home occupation shall not alter the appearance of the dwelling unit.

2.

There shall be no sales of goods or displays of goods on the premises.

3.

There shall be no advertising which identifies the home occupation by street address.

4.

Up to fifty (50) square feet of a garage may be used for home occupation purposes, however, such use shall not interfere with the maintenance of required parking. The garage door shall remain closed during operation of the home occupation. No portion of an accessory structure except a garage shall be used for home occupation purposes.

5.

No vehicle larger than a three-quarter ton truck may be used in connection with a home occupation.

6.

Parking for vehicles used in connection with the home occupation shall be provided on-site in addition to parking required for the residence. Such parking shall not be located in any required yard.

7.

The home occupation shall not encroach into any required parking, yard, or open space area.

8.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises nor use utilities in amounts greater than normally provided for residential use.

9.

No use shall create or cause noise, dust, vibration, smell, smoke, glare, electrical or electronic interference or other hazards or nuisances.

10.

No employees other than residents of the dwelling shall be allowed in connection with a home occupation (baby-sitters or domestic servants are not considered employees of a home occupation).

Clients or customers shall not visit the home occupation between the hours of 9:00 p.m. and 7:00 a.m.

12.

There shall be no more than two (2) clients or customers on the premises at any one time.

13.

Where the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold to customers at an off-premise location.

14.

There shall be no use of material or mechanical equipment not recognized as being part of a normal household or hobby use.

15.

The home occupation shall generate no pedestrian or vehicular traffic through the delivery of goods or materials.

(Ord. No. 58, Renumbered, 08/14/85, 9.26.02

The following uses, either by operation or nature, are not incidental to or compatible with residential activities and shall therefore not be permitted as home occupations:

1.

Industrial uses.

2.

Automotive repair (body or mechanical), upholstery and painting.

3.

Barber and beauty services.

4.

Carpentry and cabinet making.

5.

Welding and machining.

Medical offices, clinics and laboratories, including, but not limited to, psychologists, chiropractors and dentists.

7.

Adult businesses, including massage parlors and the making of adult movies.

8.

Sale of firearms, including engaging in activities as a "gun dealer," as defined in Section 6.3.005 of this Code.

(Ord. No. 58, Renumbered, 08/14/85, 9.26.030; Ord. No. 166-00, Amended, 9/27/00)

CHAPTER 9.29. - TEMPORARY USE PERMITS[[3]]

Footnotes:

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Editor's note— Ord. No. 300-23, § 2, adopted Jan. 25, 2023, amended Ch. 9.29 in its entirety to read as set out herein. Former Ch. 9.29, §§ 9.29.010—9.29.060 pertained to similar subject matter, and derived from Ord. No. 48, adopted March 14, 1984; Ord. No. 58, adopted Aug. 14, 1985; Ord. No. 82, adopted May 11, 1988; and Ord. No. 192-05, adopted March 9, 2005.

The temporary use permit is intended to allow for transient activities and impermanent improvements that may not comply with otherwise applicable development and use standards. The temporary use permit accommodates such activities and improvements in a regulated manner on an interim basis and does not confer a right to continue the activity or improvement.

(Ord. No. 300-23, § 2, 1-25-2023)

A temporary use permit may be issued by the Planning Director for the following transient activities and impermanent improvements.

1.

Seasonal product sales that are not conducted on the site of an established retail business or that occur for a period exceeding thirty (30) consecutive calendar days. Examples include Halloween pumpkin sales and Christmas tree sales.

2.

Outdoor dining areas that are operated by an established restaurant and are located in a parking lot or pedestrian circulation area adjacent to such restaurant.

3.

Circuses, carnivals, fairs, festivals, concerts, sporting events, and similar events that are not conducted within an auditorium, stadium, or other public assembly facility intended to accommodate such activities.

4.

Off-site laydown yards and storage areas for construction materials, equipment, or vehicles.

5.

Modular buildings or trailers that are intended to be installed and used for a limited period. Examples include portable school classrooms, real estate sales offices for approved development projects, construction project offices, and security offices and caretaker residences for construction sites.

6.

Other transient activities and impermanent improvements that the Planning Director determines to be similar to and no more objectionable than those listed above.

(Ord. No. 300-23, § 2, 1-25-2023)

A temporary use permit shall be obtained prior to commencement of a transient activity or construction of

an impermanent improvement that is subject to this Chapter. A temporary use permit does not exempt the activity or improvement from inspections and other approvals required by law. A temporary use permit may not conflict with, and shall not supersede, any conditions of approval imposed by a conditional use permit or a planned development permit. Temporary use permit applications shall be filed with the City pursuant to Chapter 9.35. The Planning Director shall approve or deny a temporary use permit within fourteen (14) days of the filing of a complete application.

(Ord. No. 300-23, § 2, 1-25-2023)

The Planning Director may approve a temporary use permit application only when all of the following findings of fact can be made in a positive manner:

1.

The subject site is adequate in size and shape to accommodate the proposed activity or improvement.

2.

The subject site is served by streets or highways with capacity to accommodate traffic that will be generated by the proposed activity or improvement.

Adequate parking is available on-site, on-street, or at alternate locations to accommodate traffic that will be generated by the proposed activity or improvement.

4.

The proposed activity or improvement will not be detrimental to properties adjacent to or in the vicinity of the subject site.

5.

The proposed activity or improvement will not be detrimental to the public peace, health, safety, or general welfare.

(Ord. No. 300-23, § 2, 1-25-2023)

When approving a temporary use permit, the Planning Director may impose such conditions as are deemed necessary to ensure that the permit will be in accord with the findings required by Section 9.29.040. Conditions of approval may address all topics pertinent to the proposed activity or improvement including:

1.

Vehicular access, egress, and parking facilities.

2.

Nuisance factors such as glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.

3.

Site plan.

4.

Design, placement, height, and size of buildings, structures, and facilities.

5.

Buffer areas and other yards.

6.

Sanitary and medical facilities.

7.

Solid waste collection and disposal.

Security and safety measures.

9.

Signs.

Operating hours and days.

11.

Insurance.

12.

Performance bond or other surety device to ensure that the subject site is restored to its former condition within a reasonable time after expiration or revocation of the permit.

(Ord. No. 300-23, § 2, 1-25-2023)

When approving a temporary use permit, the Planning Director shall set an expiration date for the permit. The expiration date may limit the permit to a duration shorter than requested by the applicant. Applications to renew a temporary use permit shall be processed in the same manner as initial applications.

(Ord. No. 300-23, § 2, 1-25-2023)

The Planning Director may modify or revoke a temporary use permit upon making a determination that one or more of the following circumstances exists:

1.

The permit was obtained in a fraudulent manner.

2.

Noncompliance with conditions of approval or applicable laws.

3.

The authorized activity or improvement has become detrimental to one or more properties adjacent to or in the vicinity of the subject site.

4.

The authorized activity or improvement has become detrimental to the public peace, health, safety, or general welfare."

(Ord. No. 300-23, § 2, 1-25-2023)