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City Of Industry City Zoning Code

CHAPTER 17

04 GENERAL PROVISIONS

§ 17.04.010 Zones-Classifications.

In order to classify land uses and to restrict the location of trades, industries and buildings designed for various uses, and the use of area and premises within the city, the area within the city may be divided into zones as follows:
A. 
C—Commercial;
B. 
M—Manufacturing;
C. 
M-A—Manufacturing-Agricultural;
D. 
Inst—Institutional;
E. 
ROS—Recreation and Open Space;
F. 
M-C Overlay—Manufacturing-Commercial Overlay;
G. 
P-D Overlay—Planned-Development Overlay;
H. 
A-B Overlay—Adult Business Overlay.
I. 
HOZ Overlay—Housing Overlay Zone.
(Ord. 178 § 101, 1961; Ord. 542 § 2, 1987; Ord. 669 § 3, 2001; Ord. 774 § 4, 2012; Ord. 786 § 4, 2015; Ord. 834, 2/27/2025)

§ 17.04.020 Declaration of policy.

It is declared that in the creation by this title of the respective zone classifications set forth in Section 17.04.010, the city council has given due and special consideration to the particular uses enumerated therefor, the area requirements, density of land occupancy and the necessary, proper and comprehensive groupings and arrangements of the various industries, businesses and population of the area of the city, both within said area and in relation with established plans in the surrounding areas of Los Angeles County.
(Ord. 178 § 102, 1961)

§ 17.04.030 Zones-Best suited for purpose.

It is further declared that the city council deems the zones established pursuant to this title to be best suited to provide for and promote the public safety, health and welfare and to carry out the purposes of the planning law of the state.
(Ord. 178 § 103, 1961)

§ 17.04.040 Interpretation.

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.
(Ord. 178 § 104, 1961)

§ 17.04.050 Action by authorized agent.

Whenever a power is granted to, or a duty imposed upon a public officer by this title, the power may be exercised or the duty may be performed by the city council, a deputy of the officer or a person authorized pursuant to law or ordinance by the officer, unless this title expressly provides otherwise.
(Ord. 178 § 105, 1961)

§ 17.04.060 Reference.

Whenever reference is made to any portion of this title or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made.
(Ord. 178 § 106, 1961)

§ 17.04.070 Penalty for violation.

Every person violating any provision of this title or of any permit, license or exception granted hereunder is guilty of a misdemeanor. Upon conviction thereof he or she shall be punishable by a fine not to exceed five hundred dollars, or by imprisonment in the County Jail for not to exceed six months, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this title occurs or continues constitutes a separate offense and upon conviction therefor shall be punishable as provided in this section.
(Ord. 178 § 111, 1961)

§ 17.04.080 Statute of limitations for actions attacking general plan or zoning decisions.

Any court action or proceeding to attack, review, set aside, void or annul any decision regarding the general plan or any matter mentioned in this title or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced within thirty days after the effective date of such decision. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.
(Ord. 445 § 1, 1979)

§ 17.04.090 Appeals.

The actions and decisions of the planning commission to approve or disapprove an application for discretionary permit authorized pursuant to the provisions of this code including, but not limited to, conditional use permits, zone exceptions, general plan amendments, the denial of a re-zoning, etc., together with any action to revoke such permits, may be appealed to the city council by the applicant or any interested person, subject to the following:
A. 
Appeal Period. An action of the planning commission may be appealed at any time prior to its effective date. An action of the planning commission shall be effective ten days following the mailing of a notice of decision to the applicant at the address shown on the application. An appeal filed as set forth herein shall stay the effective date of the action until the decision on the appeal is final.
1. 
The action of the planning commission on an application for general plan amendment shall be effective five days after planning commission action on the matter. Unless the matter is forwarded by law to the city council, any person may file an appeal prior to such effective date.
2. 
The action of the planning commission for denial of an application for zone change shall be effective five days after the planning commission action on the matter is forwarded to the city clerk. All recommendations for approval of a zone change shall be forwarded by law to the city council for consideration; however, any person may file an appeal of the denial of such request prior to the effective date.
B. 
Appeal Format. All appeals shall be made in writing and filed with the city clerk. The appeal shall include a statement setting forth the portion(s) of the decision with which the appellant disagrees and the reason and/or basis for such disagreement, including a description of the claimed errors made by the planning commission. Before accepting an appeal for filing, the city clerk shall collect from the appellant a nonrefundable filing fee in the amount of two hundred fifty dollars or as may be set by resolution of the city council.
1. 
The city clerk shall transmit one copy of the appeal to the secretary of the planning commission and, if the appeal has been submitted by someone other than the applicant, one copy to the applicant.
2. 
The planning commission secretary shall transmit a copy of the adopted minutes of the proceedings on the matter, together with all documents of record submitted to the planning commission at the time of proceedings (e.g., application, staff report, correspondence received into record, etc., if any), to the city clerk within ten business days from the time minutes are adopted for the matter.
C. 
Notice and Hearing. The city clerk shall place the matter on the agenda of the city council no less than forty business days following the receipt of the information from the secretary of the planning commission. Appeals to the city council shall be noticed, and a public hearing conducted, in accordance with the provisions of California Government Code Section 65091, or as later may be amended, for all matters subject to a public hearing.
1. 
An appeal may be withdrawn at any time prior to or during the public hearing. The withdrawal of an appeal shall cause the action or decision appealed from to become immediately effective and final.
2. 
The city council may by resolution approve, deny or modify, in whole or in part, the decision of the planning commission.
3. 
Within ten days of the city council's decision, the city clerk shall transmit one copy of the decision on appeal to the appellant and, if the appeal has been submitted by someone other than the applicant, one copy to the applicant. Notice shall be provided by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, at the appropriate addresses listed in the city records.
D. 
Appeals by City Council. One or more members of the city council may appeal any decision of the planning commission to the city council for review within the time limits and procedures listed above; however, without the required filing fee.
(Ord. 669 § 4, 2001)

§ 17.04.100 Expiration of permits.

Any discretionary permit granted pursuant to the provisions of this code including, but not limited to, conditional use permits, zone exceptions, etc., shall lapse and thereafter become null and void if the exercise and use of the rights granted by such permit are discontinued for a consecutive period of one hundred eighty days.
(Ord. 669 § 4, 2001)

§ 17.04.110 Administration of the jurisdiction of zoning.

If, in the discretion of the planning director, the promotion of efficient and sound planning principals or protection of the public welfare and safety requires that the city council exercise final decision jurisdiction for the review and approval of any one or more applications for a proposed private or public project subject to this title, the planning director, notwithstanding any provision in this title, may submit the project applications for review and decision as follows:
A. 
To the planning commission for a recommendation of approval, conditional approval, or denial to the city council, with final decision by the city council; or
B. 
Directly to the city council for final decision on the project and all related applications.
(Ord. 782 § 3, 2013)

§ 17.04.120 Multiple land use permit applications.

When the planning department receives applications for two or more land use permits described by this title that relate to the same development project, and the individual applications are under separate jurisdiction for final decision, all of the applications shall be submitted as follows:
A. 
If the separate applications are under the jurisdiction of, and involve a final decision by, the planning director and the planning commission, all applications shall be submitted to the planning commission.
B. 
If the separate applications are under the jurisdiction of, and involve a final decision by, the planning director and/or the planning commission and city council, all applications shall be submitted first to the planning commission for their review and recommend approval, conditional approval, or denial to the city council and final decision by the city council.
(Ord. 782 § 4, 2013)

§ 17.04.130 Exemptions for city projects.

Except as otherwise required by law, any activities, developments, and/or projects of the city shall be exempt from the requirements of this Zoning Code. However, the city will strive to meet the requirements to the maximum extent practical based on individual circumstances.
(Ord. 828, 1/25/2024)