Bell City Zoning Code
CHAPTER 17
96 VARIANCES AND CONDITIONAL USE PERMITS
§ 17.96.010 Variances granted when.
When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this title, occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner set forth in this chapter.
(Prior code § 9260)
§ 17.96.020 Burden of proof.
Before any zone variance shall be granted, the applicant must show the existence of all of the following facts:
That there are special circumstances applicable to the property involved or to the intended use of such property, such as size, shape, topography, location or surroundings, which do not generally apply to other properties located in the vicinity, in the same zone; and
That such variance, if granted, will not constitute a special privilege, inconsistent with the limitations imposed upon other property in the vicinity and similarly zoned; and
That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent property; and
That the granting of the variance will be consistent with the purpose and intent of the provisions of this title.
(Prior code § 9261)
§ 17.96.030 Conditional use permits required when.
The purpose of any conditional use permit shall be to insure that the proposed use will be rendered compatible with other existing and permitted uses located in the general area of the proposed use. The following uses shall be permitted in all zones, except as otherwise herein provided, provided that a conditional use permit, unless such use is designated as a permitted use, is first obtained pursuant to the provisions of this chapter:
1.
Airports and heliports.
2.
Alcoholic Beverages, Sales.
a.
Restaurants. Any bona fide restaurant otherwise permitted in the relevant zoning classification may serve alcohol for on-premises consumption only with a valid conditional use permit which shall be subject to at least yearly review by the planning commission and which may contain but need not be limited to the following conditions:
i.
The restaurant's total yearly alcohol sales make up no more than 20% of the restaurant's total yearly gross combined food and alcohol sales.
ii.
Prior to March 1st of each year the restaurant shall submit to the director yearly financial statements for the prior calendar year, or portion thereof if the restaurant was not in business for the entire calendar year, demonstrating compliance with subsection (2)(a)(i) of this section along with a fee to be established by the city, to pay for processing of same.
iii.
Notwithstanding submittal of a financial statement, if in the opinion of the director a financial audit of the restaurant is necessary to determine compliance under this section the restaurant must pay the entire reasonable cost for such audit with the auditor to be selected by the director.
iv.
The chief of police has the power to determine if a continuing police problem exists at the restaurant and if he or she determines such, he or she may require that the restaurant pay the actual and reasonable cost for police services used and/or may require the presence of a police-approved doorman and/or security personnel.
v.
Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
b.
Gas Station Selling Beer and Wine for Off-Premises Consumption.
i.
Conditional Use Permit Required. Any gas station otherwise permitted in the relevant zoning classification may sell for off-premises consumption beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those code sections may be amended, supplemented or renumbered, only with a valid conditional use permit which shall be subject to at least yearly review by the planning commission and which may contain but need not be limited to the following conditions:
(A)
Sale of beer and wine shall be limited to the hours between ten a.m. and ten p.m.
(B)
The sale of beer in quantities of fewer than six cans or bottles is prohibited and no alcoholic beverage shall be sold in unit quantities less than the distributor's intended resale units.
(C)
Sale of malt liquor is prohibited.
(D)
At all times between the hours of ten a.m. and ten p.m., or when beer and wine is offered for sale if it is offered for sale at fewer hours, there shall be at least two attendants on duty, one of whom shall be responsible for the sale of beer and wine.
(E)
At all times between the hours of ten a.m. and ten p.m., or when beer and wine is offered for sale if it is offered for sale at fewer hours, any attendant who is authorized to sell beer and/or wine must have participated in a licensee education on alcohol and drugs class put on by the California Department of Alcohol Beverage Control or a similar class approved by the city or must participate in such class within two months of his or her employment as a sales clerk. Establishments must maintain proof of such attendance on the premises and present such proof upon request by the director.
(F)
The chief of police has the power to determine if a continuing police problem exists at the establishment and if he or she determines such, he or she may require that the establishment pay the actual and reasonable cost for police services used and/or may require the presence of a police-approved doorman and/or security personnel.
(G)
The conditional use permit conditions shall be placed on the property in a location and in a manner where employees can easily read the conditions.
(H)
All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
(I)
Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
ii.
Special Requirements. Pursuant to California Business and Professions Code Section 23790.5, decisions to grant or deny conditional use permit applications for the concurrent sale of motor vehicle fuel and beer and wine for off-site consumption shall be based upon written findings which are based on substantial evidence in light of the whole record justifying the decision. The notice and conduct of the hearing shall be as provided for in Section 17.96.060 of this code as that section may be amended, supplemented or revised. All parties shall be given the opportunity to present at the hearing on the conditional use permit application.
c.
Beer and Wine Convenience Store.
i.
Definition. Any proposed retail establishment, other than a gas station, which will consist of less than 23,000 square feet in gross floor area, and which is proposed to sell for off-premises consumption beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those code sections may be amended, supplemented or renumbered, for off-premises consumption, shall be deemed for the purpose of this section a beer and wine convenience store.
ii.
Geographic Requirements. All beer and wine convenience stores must meet the following geographical requirements:
(A)
The lot upon which the establishment is proposed to be located is not within 500 linear feet of a lot upon which is located an educational institution, public park or church.
(B)
The lot upon which the establishment is proposed to be located, is not within 500 linear feet of a lot upon which is located another such use.
iii.
Conditional Use Permit Required. All beer and wine convenience stores shall be permitted only with a valid conditional use permit which shall be subject to at least yearly review by the planning commission and which may contain, but need not be limited to, the following conditions:
(A)
The establishment's total yearly alcohol sales make up no more than 25% of the establishment's total yearly gross sales.
(B)
Prior to March 1st of each year the establishment shall submit to the city's director yearly financial statements for the prior calendar year, or portion thereof if the establishment was not in business for the entire calendar year, demonstrating compliance with subsection (2)(c)(iii)(A) of this section along with a fee to be established by the city to pay for processing of same.
(C)
Notwithstanding submittal of a financial statement, if in the opinion of the director a financial audit of the establishment is necessary to determine compliance under this section the establishment must pay for such an audit with the auditor to be selected by the director.
(D)
Sales of beer and wine shall be limited to the hours between ten a.m. and ten p.m.
(E)
The sale of beer in quantities of fewer than six cans or bottles is prohibited and no alcoholic beverage shall be sold in unit quantities less than the distributor's intended resale units.
(F)
The sale of malt liquor is prohibited.
(G)
At all times between the hours of ten a.m. and ten p.m. or when beer and wine is offered for sale if it is offered for sale at fewer hours, any sales clerk who is authorized to sell alcohol must have participated in a licensee education on alcohol and drugs class put on by the California Department of Alcohol Beverage Control or must participate in such class with two months of his or her employment as a sales clerk. Establishments must show proof of such attendance on the premises and present such proof upon request by the director.
(H)
The chief of police has the power to determine if a continuing police problem exists at the establishment, and if he or she determines such, he/she may require that the establishment pay the actual and reasonable cost for police services used and/or may require the presence of a police-approved doorman and/or security personnel.
(I)
The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions.
(J)
All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
(K)
Any other condition deemed necessary or appropriate by the city to protect the health and welfare of its residents.
d.
Grocery Stores Selling Liquor.
i.
Definition. Any proposed retail establishment, other than a gas station, which will consist of 23,000 square feet or more in gross floor area, and which is proposed to sell alcohol for off-premises consumption shall be deemed for the purpose of this section a grocery store selling liquor.
ii.
Conditional Use Permit Required. All grocery stores selling liquor shall be permitted only with a valid conditional use permit which shall be subject to at least yearly review by the planning commission and which may contain, but need not be limited to, the following conditions:
(A)
The establishment's total yearly alcohol sales make up no more than 25% of the establishment's total yearly gross sales.
(B)
Prior to March 1st of each year the establishment shall submit to the director yearly financial statements for the prior calendar year, or portion thereof if the establishment was not in business for the entire calendar year, demonstrating compliance with subsection (2)(d)(ii)(A) of this section along with a fee to be established by the city to pay for processing of same.
(C)
Notwithstanding submittal of a financial statement, if in the opinion of the director a financial audit of the establishment is necessary to determine compliance under this section the establishment must pay for such an audit with the auditor to be selected by the director.
(D)
The sale of beer in quantities of fewer than six cans or bottles is prohibited and no alcoholic beverage shall be sold in unit quantities less than the distributor's intended resale units.
(E)
Alcoholic beverages, as defined in California Business and Professions Code Section 23004, as that code section may be amended or supplemented or renumbered, shall not be sold in quantities smaller than 750 milliliters.
(F)
Any sales clerk who is authorized to sell alcohol must have participated in a licensee education on alcohol and drugs class put on the California Department of Alcohol Beverage Control or must participate in such class within two months of his or her employment as a sales clerk. Establishments must show proof of such attendance on the premises and present such proof upon request by the director.
(G)
The chief of police has the power to determine if a continuing police problem exists at the establishment and if the chief of police determines such he or she may require that the establishment pay the actual and reasonable cost for police services used and/or may require the presence of a police-approved doorman and/or security personnel.
(H)
The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions.
(I)
All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
(J)
Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
e.
Brew-On-Premises Establishments (C-3 and C-3R Zones Only).
i.
Definition. A brew-on-premises (microbrewery) establishment is a commercial operation which conducts sales of alcoholic beverages for wholesale or on-site consumption of which no less than 90% of the alcohol on sale is brewed on the subject site, or brewed by the applying brewer at an off-site location and sold at the subject site.
ii.
Development Standards. The use is subject to the following development standards:
(A)
It shall be less than 15,000 square feet of gross floor area; and
(B)
It shall operate with a minimum 10 barrel brewing system; and
(C)
No less than 90% of the alcohol for sale is brewed on the subject site, or brewed by the applying brewery at an off-site location and sold at the subject site; and
(D)
Tasting areas (i.e., tasting room or tap room), for consuming alcohol sold on site shall be considered a permitted use as part of a brew-on-premises use; and
(E)
Accessory uses such as cooking facilities, and the sale of alcohol for off-site consumption may be allowed as part of the conditional use permit provided the proposed accessory use complies with the applicable development standards of this title, is permitted in the underlying zoning district, and that the accessory uses are incidental and do not substantially alter the character of the principal use.
iii.
Conditional Use Permit Required. All brew-on-premises establishments shall be permitted only with a valid conditional use permit in the aforementioned zoning districts.
iv.
All brew-on-premises establishments shall be appropriately licensed by the California Department of Alcoholic Beverage Control (ABC), and shall be in compliance with all applicable state and federal laws.
v.
Use and performance standards shall be placed on each individual brew-on-premises establishment as part of the conditional use permit process and any other conditions deemed necessary by the planning commission to protect the health and welfare of nearby residents and property owners.
3.
Alcoholism hospitals.
4.
Animal hospitals, veterinarian offices and clinics.
5.
Arcades, amusement centers, or other establishments which contain more than five coinoperated amusement devices (C zones only).
6.
Auto repair garages and auto body shops including painting, provided that all such operations shall be conducted within a totally enclosed building (C and M zones only).
7.
Automobile trailer parks.
8.
Automobile or truck wash facilities (C and M zones only).
a.
Automobile and truck wash facilities–Ancillary and stand-alone automobile and truck wash facilities that are self-serve and ancillary to gas stations are permitted in the "C" and "M" zones with approval of a CUP. Automobile and truck wash facilities that are ancillary to the primary use of the site (e.g., a car or truck dealership) and are not open to the public are permitted as a use-by-right. Stand-alone automobile and truck washes are not allowed in the "C-3" and "C-3R" zones. Stand-alone automobile and truck washes are allowed in the "C-M" and "M" zones with approval of a CUP.
b.
Development Standards. The use is subject to the following development standards:
i.
Bay Doors. Bay doors or vehicle entrances, exits and openings shall not face any school, lot with a residential use or mixed-use project containing a residential use, or a residential zone that is within 100 feet from the face of the building containing the bay door, vehicle entrance, exit or opening.
ii.
Wash Rack. Every wash rack shall be constructed or arranged so that entrances, exits and openings shall not face any school, lot with a residential use or mixed-use project containing a residential use, or a residential zone that is within 100 feet from the face of the building containing the bay door, vehicle entrance, exit or opening.
iii.
No outdoor storage is allowed.
iv.
Site and all street frontages shall be cleared of litter twice each day during operating hours and at close of business each day.
v.
Speakers shall not be used when the drive-through lane abuts residentially used, zoned as residential, or designated by the general plan as residential.
vi.
Use of sound attenuation walls and landscaping may be required at the discretion of the community development director based on site specific circumstances.
vii.
The automobile and truck wash shall comply with all National Pollution Discharge Elimination System (NPDES) requirements. Consistent with Section 5.04.210(A)(6) of the Bell Municipal Code compliance with this requirement shall be certified prior to issuance of a business license.
viii.
The automobile and truck wash shall comply with all low impact development plan (LID) requirements, as contained in Chapter 13.08 of the BMC. Consistent with Section 5.04.210(A)(6) of the Bell Municipal Code compliance shall be certified prior to issuance of a business license.
ix.
No automobile and truck wash shall be permitted to operate or be stored on the public right-of-way.
x.
Mobile automobile and truck washes are permitted on private property (e.g., a residence or business), provided that the mobile automobile and truck wash is authorized to be on the property by the property owner or business owner.
9.
Card clubs (C-M zone only).
10.
Caretakers living quarters (C and M zones only).
11.
Cemeteries.
12.
Check cashing service and foreign currency exchange (C zones only).
13.
Children's day care center (emotionally disturbed).
14.
Children's treatment center (emotionally disturbed).
15.
Churches, temples and other places of worship.
16.
Any use or uses allowed in any C-3 or C-3R zone which are proposed to be located on a lot, or on abutting lots, which are proposed to be developed as a complex, in a building or buildings which contain, collectively, more than 20,000 square feet of gross floor area.
17.
Columbariums, crematories and mausoleums.
18.
Condominiums and townhouses.
19.
Contractors or construction offices, shops and yards (not required in M zone).
20.
Dairy.
21.
Dancing.
22.
Day care center.
23.
Day center (developmentally disabled).
24.
Day treatment hospitals.
25.
Drive-in establishments, having car service.
a.
The speakers used to order from the cars will be required to have an automatic volume control with a maximum noise level of 26 dBA at sixteen feet (16');
b.
In the event that the proposed use results in negative impacts to vehicular or pedestrian circulation, the applicant shall take all reasonable steps necessary to mitigate or eliminate the same and work with the city to accomplish the same;
c.
The premises, site and all street frontages shall be cleared of litter twice each day during operating hours and at close of business each day.
26.
Drive-in establishment, no car service.
a.
The drive-thru speaker will be required to have an automatic volume control with a maximum noise level of 26 dBA at sixteen feet (16');
b.
In the event that the proposed use results in negative impacts to vehicular or pedestrian circulation, the applicant shall take all reasonable steps necessary to mitigate or eliminate the same and work with the city to accomplish the same;
c.
Site and all street frontages shall be cleared of litter twice each day during operating hours and at close of business each day.
27.
Dump, inert solid fill (M zones only).
28.
Dump, rubbish and refuse (M zones only).
29.
Educational institutions.
30.
Electronic or neon products (M zones only).
31.
Employment agencies (C zones only).
33.
Explosives, storage of 10 pounds or more (M zones only).
34.
Facilities for drug addicts.
35.
Family home (mentally ill).
36.
Family home (developmentally disabled).
37.
Food products (except lards, pickles, sauerkraut, sausages or vinegar—M zones only).
38.
Food stamp distribution centers, premium redemption centers.
39.
Fortunetelling (C zones only).
40.
Foundries (M zones only).
41.
Freighting or trucking terminals (M zones only).
42.
Gunsmiths and gun sales.
a.
Only store employees shall have immediate access to the guns and/or ammunition;
b.
No person under 21 years of age may distribute, exchange, or sell guns and/or ammunition;
c.
All gunsmiths and gun sales locations shall have an alarm system connected to the Bell police department. The type of alarm system is subject to the review and approval of the Bell police department;
d.
A complete and current inventory shall be maintained at all times and available to the Bell police department;
e.
Gunsmiths and retail gun sales shall comply with all applicable local, state, and federal laws.
44.
Home for aged.
45.
Hospitals.
46.
Hotels/motels subject to the following:
a.
Such uses shall only be allowed on lots classified in zones C or M; and
b.
That as to any hotel or motel authorized by a conditional use permit issued on or after March 6, 1985, the following regulations shall be observed:
i.
The owner and/or operator of such a hotel or motel shall not permit any person to occupy a room in such a hotel or motel for a period in excess of 30 consecutive calendar days, except for one permitted manager's unit,
ii.
The owner and/or operator of any such hotel or motel shall not permit any hotel or motel room to be rented more than twice in any consecutive 24 hour period,
iii.
The owner and/or operator of any such hotel or motel shall have and maintain only one meter for each utility service to the entire use,
iv.
Not to exceed one dwelling unit, which complies with the minimum multifamily standards as set forth in this code, may be maintained on the premises for management personnel,
v.
The owner and/or operator of any such hotel or motel shall not permit the placement of laundry facilities for use of the occupants of the hotel or motel on the premises where the hotel or motel use is located,
vi.
The owner and/or operator of any such motel or hotel shall provide daily room cleaning service for each room in such hotel or motel,
vii.
Each owner and/or operator of such a hotel or motel shall maintain an accurate, current guest registration ledger,
viii.
No application for a hotel or motel shall be accepted unless a market feasibility study is first filed with the city identifying the factors which indicate a demand for such hotel or motel use of land,
47.
Kennels (M zones only).
48.
Live entertainment in conjunction with an existing permitted business (C and M zones).
49.
Long term facility.
50.
Medical commercial cannabis operations subject to the following:
a.
Only the uses of (wholesale) distributor, indoor cultivation, manufacturer, and testing laboratory are allowed; and
b.
Such uses shall only be allowed in the Cheli district; and
c.
Applications for a conditional use permit shall not be accepted by the city until or unless the related requirements of Section 5.88.070(B) of this code are met; and
52.
Mobilehome park.
53.
Motorcycle repair shop.
54.
Newspaper assembly and distribution stations.
55.
Nursing and convalescent hospitals.
56.
Nursery (developmentally disabled).
57.
Off-street parking for commercial or manufacturing uses located on any R zoned property.
59.
Parking commercial vehicles having a manufacturer's gross vehicle weight rating of 6,000 pounds or more on any lot within the C-3R, C-3, C-M and M zones, unless such commercial vehicle parking is for vehicles: (a) used in connection with the primary business operated on the lot; (b) owned by a public utility or a licensed contractor while necessarily in use in the construction, installation or repair of any public utility; or (c) actually being used for the pickup or delivery or materials to be used in the repair, alteration, remodeling or construction of any building on the lot.
60.
Paper manufacturing (M zones only).
61.
Parks, playgrounds and other commercial recreation facilities open to the public.
62.
Pawnshops (C-3 zone only); except that:
a.
If the lot upon which the above-defined use is proposed to be located is within 500 linear feet of a lot upon which is located an educational institution, public park or church, no conditional use permit shall issue;
b.
If the lot upon which such proposed use is located is within 500 linear feet of a lot upon which is located another such use, then no conditional use permit shall issue.
63.
Planing mill (C-M and M zones only).
64.
Plating of metals, and finishing of metals (C-M and M zones only).
65.
Pool halls (C-3 and M zones only).
66.
Prefabricated buildings (M zones only).
67.
Private commercial recreational facilities.
68.
Psychiatric hospitals.
69.
Public utility facilities, and utilities operated by mutual companies and agencies (M zones only),except as follows:
70.
Radio or television towers, antennas, wireless communications facilities, cell-sites, and transmission facilities installed for commercial use (M zones only).
71.
Recycling collection facility—reverse vending machines, mobile recycling units, small collection facilities, and large collection facilities (C, C-3R, CM, and M zones only).
72.
Recycling processing facility, light (M zones only).
73.
Recycling processing facility, heavy (M zones only).
74.
Resident facility (developmentally disabled).
75.
Resident school (developmentally disabled).
76.
Residential uses located in C-3R zone.
77.
Rest homes.
78.
Schools, charter, vocational, private, public.
a.
Provide sidewalks, bike and vehicle facilities necessary to accommodate vehicular, pedestrian and bicycle traffic on site and between the nearest collector street and the school site;
b.
Comply with the parking requirements in Chapter 17.76 of this title, unless the applicant can provide and guarantee alternative parking arrangements, such as shared parking or bussing of staff and students, subject to the review and approval of the planning commission;
c.
Construct a six-foot fence around all play areas at elementary schools adjacent to private or public streets;
d.
Landscaping shall be restricted to trees with canopies higher than ten feet (10') and bushes less than three feet (3') high to deter hiding.
79.
Secondary, nonaccessory, unrelated commercial uses (C zones only).
81.
Service stations (C and M zones only).
82.
Storage of vehicles, boats, campers, trailers and recreational vehicles (M zone only).
83.
Swap meets.
84.
T zone developments.
85.
Temporary real estate tract office and model homes in conjunction with a subdivision (R and C-3R zones only).
86.
Theaters (C and M zones only).
87.
Tire manufacturing (M zones only).
88.
Tobacco sales.
a.
Five hundred foot separation required. No significant tobacco retailer shall be located within 500 feet of a sensitive land use (e.g., game arcade, internet access studio), library, licensed child day-care facility (excluding a small or large family day-care use), park, recreation facility, and vocational, charter, public or private school. The distance shall be measured from property line to property line;
b.
The tobacco retailer shall comply with all applicable local, state, and federal laws regarding the advertising, display, or sales of tobacco products;
c.
Any violation of all applicable local, state and federal tobacco law is considered a violation of the business license and CUP;
d.
Only store employees shall have immediate access to the tobacco products and/or tobacco paraphernalia.
89.
Truck servicing and repairing, relating to vehicles of five-ton unladed weight or greater (C and M zones only).
(Ord. 872; Ord. 946; Ord. 964; Ord. 988; Ord. 989; Ord. 1000; Ord. 1035; Ord. 1050; Ord. 1079; Ord. 1094 § 1, 1994; Ord. 1096 § 1, 1994; Ord. 1099 § 2, 1995; Ord. 1104 § 1, 1995; Ord. 1112 § 1, 1996; Ord. 1129, 1997; Ord. 1133 § 2, 1998; Ord. 1199 § 2, 2014; Ord. 1214 §§ 22—25, 2016; Ord. 1224 § 1, 2017; Ord. 1226 § 4, 2017; Ord. 1247 § 6, 2019; Ord. 1265 § 2, 2020; Ord. 1269 §§ 9–10, 2021; Ord. 1283, 11/8/2023)
§ 17.96.040 Burden of proof.
No conditional use permit shall be issued until the applicant has shown, to the reasonable satisfaction of the granting body, the existence of each of the following facts:
A.
That the site for the proposed use is adequate in size, shape and topography to accommodate the proposed used; and
B.
The site has sufficient access to public streets and highways adequate in width and pavement type, to carry the quantity and quality of vehicular and pedestrian traffic expected to be generated by the proposed use; and
C.
That all buildings and structures proposed to be constructed or utilized in conjunction with the use will be architecturally compatible with existing and prospective uses of land located in the immediate vicinity of the site; and
D.
That the location of the proposed use on the site will be compatible with existing and prospective uses of land located in the immediate vicinity of the site; and
E.
That the conduct of the proposed use will be in compliance with the applicable provisions of any specific plan applicable to such site, and with the city's general plan.
(Ord. 946; Ord. 1129, 1997)
§ 17.96.050 Exemption.
Notwithstanding the provisions of Section 17.96.030 any use: (1) for which a conditional use permit is required pursuant to Section 17.96.030; and (2) as to which the city's former zoning regulations, in effect prior to September 4, 1969 or at the time the use was commenced, whichever is later, did not impose such a conditional use permit requirement; and (3) which was constructed and maintained in compliance with the city's zoning regulations in effect as of such latest date, shall not be deemed nonconforming solely by reason of the application thereto of Section 17.96.030 of this code, provided that: any expansion of the use; a change in Alcoholic Beverage Control Board license status, from an off-sale to on-sale, or from one type of on-sale to off-sale license to another type of on-sale or off-sale license; or any transfer of the license issued by the Alcoholic Beverage Control Board shall not be permitted unless a conditional use permit therefor is first obtained pursuant to the provisions of this article.
(Ord. 946; Ord. 1129, 1997)
§ 17.96.060 Applications-Form and content-Withdrawal.
A.
Applications for a variance or conditional use permit shall be filed with the director, on forms furnished by the director, setting forth fully the nature of the proposed use, and the facts deemed sufficient to justify the granting of the variance or conditional use permit, in accordance with the provisions of this chapter.
B.
The applicant shall furnish to the director a certified copy of the names and addresses of all property owners to whom notice must be given as hereinafter provided.
C.
Any applicant may withdraw his or her application prior to a decision thereon, by filing a written request to do so; no refund of the filing fee shall be permitted in case of withdrawal.
(Prior code § 9270; Ord. 1129, 1997)
§ 17.96.070 Applications-Filing and processing fee.
Each such application shall be accompanied by a filing and processing fee in an amount as set by the council.
(Prior code § 9271; Ord. 1129, 1997)
§ 17.96.080 Development plan required.
All applications for a conditional use permit or variance shall be accompanied by a development plan for the entire site.
A.
The development plan submitted with a conditional use permit or variance application shall include the following:
1.
The exact boundaries and legal description of the property to be developed;
2.
All proposed improvements that are to be constructed on the land and their precise locations including (but not limited to) all residential and nonresidential structures, recreational facilities and typical plans showing walls, fences, trash areas, streets and walk areas;
3.
Common open space showing size, grades and function upon completion;
4.
The location and dimension of all off-street parking facilities, public and private;
5.
Location and size of all public and quasi-public sites if applicable (i.e., schools, churches, parks, etc.);
6.
A tabulation of the percentage of total building coverage of the development;
7.
A tabulation of densities within each project area or sector;
8.
Building elevations of typical architectural styles to be constructed;
9.
A schematic landscaping plan indicating the type and size of plant material to be used, and method of providing permanent maintenance to all planted areas and open space;
10.
Floor plans of typical dwelling units and buildings, the unit size in square feet, and the amount of private open space in square feet;
11.
If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the city subdivision regulations and the State Subdivision Map Act; and
12.
A proposed construction schedule from ground breaking to occupancy.
B.
Development plans submitted with an application for a conditional use permit or variance shall adhere to the following design criteria:
1.
The overall plan shall achieve and integrate land and building relationship;
2.
Open spaces, pedestrian and vehicular circulation facilities, parking facilities and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site;
3.
The layout of structures and other facilities shall effect a conservation in street and utility improvements;
4.
Recreational areas (active and passive) shall be easily accessible from all structural units; and
5.
Architectural unity and environmental harmony within the development and within the surrounding properties shall be attained.
(Prior code § 9271a; Ord. 1129, 1997)
§ 17.96.090 Conditions of approval.
A.
Conditions of approval may be imposed by the granting body upon the issuance of any conditional use permit or variance:
1.
So as to insure that the provisions of this title will be met insofar as the operation of the use authorized is concerned; and
2.
To insure that the use for which the permit is sought is located, placed and operated so as to prevent any unreasonable interference with the peaceful use and enjoyment of surrounding and adjacent properties, which shall include, but not be limited to, restrictions and limitations reasonably necessary to control dust, vibration, noise, encroachment of artificial light, odor or any similar matter, incident to the authorized use which could cause the interference with the peaceful enjoyment of surrounding and adjacent properties; and
3.
Any other condition found by the granting body to be reasonably required by the public interest convenience and necessity.
B.
Each conditional use permit or variance issued pursuant to the provisions of this title shall be deemed conditioned so as to require that the proposed use shall be conducted in compliance with all applicable provisions of this title, including, but not limited to, the provisions hereof relating to off-street parking facilities.
(Prior code § 9271b; Ord. 1129, 1997)
§ 17.96.100 Public hearings required.
Every application for a zone variance or conditional use permit shall be set for a public hearing before the commission by the director. Hearings may be continued from time to time, by the commission or council, as it may deem necessary.
(Prior code § 9272; Ord. 1129, 1997)
§ 17.96.110 Notice of public hearing.
A.
Notices of the time and place of public hearings before the planning commission on zone variance and conditional use permit applications, shall be given by United States mail, postage prepaid, addressed to the owners of property located within a radius of 300 feet (or 500 feet in the case of applications for uses involving the sale or consumption of alcoholic beverages) from the external boundaries of the property to which the application relates, addressed to such owners as shown on the latest equalized assessment roll of the County of Los Angeles, or from other records which contain more recent and accurate addresses.
B.
Notices shall contain a description of the subject property, a brief description of the proposed use, and the date, time and place of the hearing.
(Prior code § 9273; Ord. 1129, 1997; Ord. 1214 § 26, 2016)
§ 17.96.120 Commission determination and notice thereof.
Within a reasonable time after the public hearing upon a variance or conditional use permit application, the planning commission by motion adopted by not less than a majority of its total membership shall approve, conditionally approve, or deny the same. Such action shall be taken by resolution. Within three days following the adoption of the resolution by the commission, the secretary shall forward a copy thereof, by United States mail, postage prepaid, addressed to the applicant and any other person requesting the same, at his or her last known address. Any determination made by the planning commission pursuant to this section shall be final and conclusive unless an appeal of the commission's determination is filed as set forth in Chapter 2.100 of Title 2 of this code.
(Prior code § 9274; Ord. 1129, 1997; Ord. 1214 § 27, 2016)
§ 17.96.130 Referral to city council when.
Where, by reason of disqualification, abstention or absence of any member of the commission, the commission is unable to reach a determination as to zone variance or conditional use permit applications, within 30 days after the close of the public hearing relating thereto, such matter shall be automatically referred to the city council, without decision by the commission. In such event, the matter shall be placed upon the city council's agenda and a de novo public hearing held thereon, and the matter shall be finally determined by the city council.
(Prior code § 9275; Ord. 1129, 1997)
§ 17.96.140 Appeals.
§ 17.96.160 Failure to give notice.
Failure to give notice in the manner hereinabove prescribed shall have no effect upon any proceeding before the commission or the council.
(Prior code § 9278)
§ 17.96.170 Revocation.
A.
Upon recommendation by the director, the body which initially granted any variance or conditional use permit, shall conduct a noticed public hearing to determine whether such variance or conditional use permit, should be revoked. The revocation procedure shall apply to permits or variances granted prior to the adoption of the regulations codified in this chapter. If the granting body finds any one of the following facts to be present, it shall revoke the variance or conditional use permit:
1.
That the variance or permit was obtained by fraud; or
2.
That the use for which such approval was granted has ceased to exist; or
3.
That the permit or variance granted is being, or has been, exercised contrary to any conditions imposed upon such permit or variance, or in violation of any laws; or
4.
That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance.
(Prior code § 9280; Ord. 1214 § 31, 2016)
§ 17.96.180 Expiration-Extension.
Any variance or conditional use permit shall be null and void if the use permitted thereunder is not exercised within the time specified in the resolution approving such variance or conditional use permit, or if no time is so specified, if the same is not exercised within one year from the date such variance or permit is granted. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed by this section, once, for a period of not to exceed one year. Provided that if litigation is filed prior to the exercise of such rights, attacking the validity of such variance or permit, the time for exercising such rights shall be automatically extended pending a final determination of such litigation.
(Prior code § 9281)
§ 17.96.190 Modification.
Any condition imposed upon the granting of a variance or conditional use permit, including such granted prior to the adoption of the regulations codified in this chapter, may be modified or eliminated, or new conditions may be added; provided, that the granting body shall first conduct a public hearing thereon, in the same manner as is required for the granting of the same. No such modification shall be made unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or, in case of deletion of such a condition, that such action is necessary to permit reasonable operation under the variance or conditional use permit as granted. If the modification hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Article III of this chapter.
(Prior code § 9282)