A.

Definitions: Unless the context otherwise requires, the following definitions shall apply to this Article:

1.

Nonconforming Building shall be defined as set forth in Section 5-2A-3 of this Code.

2.

Nonconforming Use shall be defined as set forth in Section 5-2A-3 of this Code.

B.

Nonconforming Buildings: If, within a five-year period, more than 50 percent of the square footage of a nonconforming building is altered, renovated, or repaired, or if the cost of alteration, renovation, or repair equals or exceeds 50 percent of the replacement cost of the building, then the building shall be treated as a newly constructed building for the purposes of this Code and shall be reconstructed so that the entire building conforms with the development standards of this Chapter.

1.

Calculation of Costs. The Building Official shall estimate the cost of replacement as well as the cost of all alterations, renovations, repairs and remodels.

2.

Alterations to Nonconforming Elements. No alteration, repair, or renovation (not including finish and roof) that modifies the exterior of a building shall be made to a nonconforming element of a nonconforming building, except as authorized by a minor accommodation or variance. Nothing in this Section shall prohibit an alteration, repair or renovation that does not impact the exterior of a nonconforming building.

3.

Additions. Nothing in this section shall restrict the construction of an addition to a nonconforming building provided that such addition complies with the requirements of this Chapter.

C.

Minor Accommodations.

1.

The City Engineer may grant a minor accommodation pursuant to procedures set forth in Section 5-2I-7, in order to permit the following:

a.

An alteration, repair or renovation that impacts the exterior of a nonconforming encroachment into a required setback.

b.

An alteration, repair or renovation of a nonconforming building by more than fifty percent of its square footage or value (as calculated pursuant to 5-2I-1:B), in conjunction with the reconstruction of, or without removal of, a nonconforming encroachment into a required setback.

c.

An alteration, expansion or extension of a nonconforming encroachment into a required setback provided that the alteration, expansion or extension encroaches no closer to the property line than the existing encroachment.

2.

In making the decision to grant the minor accommodation, the City Engineer must find that the minor accommodation will not have a material adverse impact on the public welfare or adjacent property.

D.

Nonconforming Use of Conforming Building: The nonconforming use of a conforming building may be continued. However, such nonconforming use shall not be expanded or extended into any other portion of the building nor shall any structural alterations be made to the building, except those required by law. If such nonconforming use is discontinued for a period of 90 calendar days, any future use of such building shall conform to the provisions of this Title. In addition, if the Planning Agency determines that the property owner or occupant has violated this subsection or any other law governing the use of the building, the nonconforming use shall forthwith be terminated.

E.

Nonconforming Use of Nonconforming Building: The nonconforming use of a nonconforming building may be continued. However, no structural alterations shall be made to the building, except those required by law. Such nonconforming use shall be discontinued by February 2, 1986, and the building brought into conformity with this Title unless a variance has been granted for the building, or the Planning Agency has determined, upon application by the operator of the use, that a longer period is required to amortize the applicant's investment in the use.

(Ord. 164, 2-2-85; 1994 Code; Ord. 277U, 4-8-96; Ord. 277, 4-22-96; Ord. 281, 1-27-97; Ord. No. 296, § 1, 7-12-99; Ord. No. 305, § 1, 7-9-01; Ord. No. 387, §§ 1, 2, 9-11-23)

A.

Reduction of Lot Area: No lot or parcel area shall be so reduced or diminished so that the lot area, average width, yards or other open spaces shall be smaller than prescribed by this Title, except where a lot or parcel having the area and average width required by this Title is reduced as a result of condemnation proceedings by any governmental body, such lot or parcel shall be considered as having the required area and/or average width; provided, that the diminished lot or parcel is not less than 75 percent of the required area and/or average width hereinabove established.

B.

Expansion of Public Utility Buildings: Nothing contained in this Title shall be construed or applied to prevent the expansion, enlargement, modernization or replacement of public service and utility buildings, structures and uses; provided, there is no change in land use or increase in the area of property so used, and provided, further, that a conditional use permit for said use has been granted and remains in full force and effect.

(Ord. 164, 2-2-85)

A.

Reason for Amendment: These zoning regulations may be amended whenever the public interest, convenience and necessity require.

B.

Compliance with State Law: Zoning amendment shall be initiated, considered and acted upon as set forth in State law.

C.

Consistency with Hazardous Waste Management Plan: Zone change 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. 180, 9-19-88; Ord. 225, 6-4-90; 1994 Code)

A.

Criteria for Variances:

1.

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 hereinafter set forth in this subsection. A variance will not be granted to permit a use not otherwise permitted in the zone within which the property is located.

2.

Before any zone variance shall be granted, the applicant must show, to the satisfaction of the Commission or Council, all of the following facts:

a.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved, including size, shape, topography, location or surroundings, which do not generally apply to the surrounding properties in the same zone; and

b.

Because of such circumstances or conditions, such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated but which is denied to the property in question; and

c.

The granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent property; and

d.

The granting of the variance will not adversely affect the General Plan nor the purpose and intent of the provisions of this Title.

e.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zone in which such property is situated.

3.

Consistency with Hazardous Waste Management Plan: 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.

B.

Criteria for Conditional Use Permits:

1.

The purpose of any conditional use permit shall be to insure that the use for which the same is required will be rendered compatible with other existing and permitted uses located in the general area of the same. The following uses, each of which possesses characteristics of such unique and special form as to render impractical their operation without specific approval, shall be permitted in the zones, as herein set forth; provided, that a conditional use permit is first obtained pursuant to the provisions hereof unless such use is designated as a permitted use in a particular zone:

a.

Public parks and playgrounds, golf courses and other Municipal recreation areas;

b.

Public libraries and museums;

c.

Police and fire stations and any other public buildings as are determined to be for the health, safety and general welfare of the community.

d.

Public schools, gate houses, post offices and civic centers.

2.

Before any conditional use permit is granted, the application shall show, to the reasonable satisfaction of the body hearing such matter, the existence of the following facts:

a.

The site is adequate in size, shape and topography for the proposed use; and

b.

The site has sufficient access to streets which are adequate, in width and pavement type, to carry the quantity and quality of traffic reasonably expected to be generated by the proposed use; and

c.

The proposed use will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties; and

d.

There is demonstrated need for the use requested; and

e.

The use, if permitted, will, as to location and operation, be consistent with the objectives of the General Plan; and

f.

The public interest, convenience and necessity require that the use be permitted at the location requested.

3.

Notwithstanding the provisions of this Article, if any use is designated as a permitted principal use in any zone, the conditional use permit requirement shall not apply to that use in that zone.

4.

None of the uses enumerated, for which a conditional use permit is required, shall be deemed nonconforming due to the absence of such a permit if:

a.

The uses complied with the zoning regulations in existence on the effective date hereof; and

b.

The uses would not have acquired a nonconforming status by reason of any provision of this Chapter other than the provisions which impose the conditional use permit requirement.

5.

Where a conditional use permit is granted for one or more uses on a lot, no other use, building or structure shall be located or maintained upon such lot unless allowed pursuant to the provisions of the conditions of approval imposed upon the issuance of such permit.

6.

Conditional use permit 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.

C.

Procedures:

1.

Application:

a.

Applications for a zone variance or conditional use permit shall be filed by the owner of the property affected, his agent or by a public utility which has filed an eminent domain action with regard to such property, with the City Clerk, on forms furnished by the City Clerk, which shall set 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 hereof.

b.

The applicant shall furnish to the City Clerk, at the time of application, a map of a scale not less than one inch equals 25 feet (1" = 25') which shows the exact boundaries of the property and the location of all existing and proposed structures in relation thereto. At least ten days prior to the public hearing on said application, the applicant shall, by staking, or other approved demarcation, visibly delineate the exact boundaries of the subject property, which markings shall remain in place until such time as the decision on the application becomes final.

c.

The applicant shall also furnish to the City Clerk an accurate list of the names and addresses of all property owners to whom notice must be given as provided in subsection C.4. hereof, together with a copy of a map at a scale of not less than one inch equals 100 feet (1" = 100'), which sets forth the boundaries of all properties located at any point within 500 feet of the external boundaries of the property to which the application is related, together with the names of the owners of record of all such properties shown thereon.

2.

Filing Fee: Each such original application or modification shall be accompanied by a filing and processing fee in an amount as set by the City Council. ^[7] Any applicant may withdraw his application by filing a written request to do so at any time prior to final action thereon; provided, that there shall be no refund of fees.

3.

Public Hearing: Every application for a zone variance or conditional use permit shall be set for a public hearing before the Planning Agency, except as otherwise provided herein. Hearings may be continued, from time to time as the Council may deem necessary.

4.

Notice of Hearing:

a.

Notice of the time and place of the hearing before the Planning Agency shall be given at least ten days prior to the hearing by mail or delivery to: the owner of the affected property unless more than 1,000 persons would be required to receive such notice, in which event, display advertising is permitted; each local agency providing water, sewage, streets, roads, schools or other essential facilities or services to the affected property whose ability to provide those facilities and services may be significantly affected and to all owners of real property shown on the latest equalized assessment roll within 500 feet of the subject property, and such notice shall be either published once in a newspaper of general circulation ten days prior to the hearing or posted at least ten days prior to the hearing in the places specified in Section 1-9-1 of this Code as well as one public place in the area directly affected by the proceeding.

b.

Such notices shall describe the subject property and contain a brief description of the proposed use and the date, time and place of hearing.

5.

Conditions: The Planning Agency may impose such conditions as it determines are necessary and reasonable to protect the best interests of the surrounding property or neighborhood consistent with the public peace, safety, general welfare and provisions of this Title.

6.

Public Hearing: The Planning Agency shall conduct a public hearing upon said matter and, thereafter, shall determine whether the application shall be approved, conditionally approved or denied. In making its determination, the Planning Agency shall observe the standards as set forth in subsection A or B of this Section, whichever is applicable.

D.

Revocation, Modification, Expiration:

1.

Public Hearing: The Planning Agency may, upon its own motion, conduct a noticed public hearing to determine whether such variance or conditional use permit should be revoked. If the Planning Agency finds any one of the following facts to be present, it shall revoke the variance or conditional use permit:

a.

That the variance or permit was obtained by fraud; or

b.

That the use for which such approval was granted has ceased to exist by reason of a voluntary abandonment; or

c.

That the permit or variance granted is being or has been exercised contrary to any conditions of approval imposed upon such permit or variance or in violation of any law; or

d.

That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety or so as to constitute a public nuisance.

2.

Any zone variance or conditional use permit shall be null and void if the use granted thereby is not commenced within the time allowed by the terms of that approval, and if no time is so specified, if commencement does not occur within one year from the date said zone variance or permit is granted. The Planning Agency, upon good cause shown by the applicant, may extend the time limitations imposed pursuant to this subsection for additional periods of time not to exceed one year each; provided, however, 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.

3.

Any condition imposed upon the granting of a variance or conditional use permit, including any variance or permit granted prior to the adoption of these regulations, may be modified or eliminated or new conditions may be added; provided, that the Planning Agency 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 Planning Agency 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.

(Ord. 164, 2-2-85; 1994 Code; Ord. 225, 6-4-90; 1994 Code)

Whenever the zoning covering a property is changed from one zone to another or a zoning variance or conditional use permit is granted with respect to any property, the City Clerk shall, within seven days after adoption of final resolution, mail a copy of the resolution to applicant, and any other person requesting same and shall, within 30 days, notify the County Assessor of such action.

(Ord. 164, 2-2-85; 1994 Code)

The City Council shall establish fees for the processing of zone amendments, variance and conditional use permits, from time to time, by resolution.

(Ord. 164, 2-2-85)

A.

Application.

1.

Upon application by a property owner on a City-approved form, the City Engineer may issue a minor accommodation to the yard and setback requirements of this Title as provided in Section 5-2I-1. If, in the opinion of the City Engineer, an application merits review by the City Council, the City Engineer may refer such application to the City Council and the City Council shall serve as the decision maker and shall conduct a noticed public hearing regarding the requested minor accommodation.

2.

If the application for a minor accommodation accompanies an application for any other type of discretionary approval from the City Council for the same site, the City Council shall be the decision maker for the minor accommodation and shall conduct a noticed public hearing regarding the minor accommodation. The public hearing for the minor accommodation shall be noticed in the same manner as the discretionary approval described herein.

B.

Notice.

1.

A notice of intended decision regarding an application for a minor accommodation shall be mailed at least ten days prior to any decision rendered by the City Engineer to all property owners and residential occupants within 100 feet of the exterior boundaries of a project site. If no objections are received by the City within ten days of the mailing of the notice, then the intended decision shall be deemed final.

2.

When a decision is rendered by the City Engineer, then a notice of decision shall be mailed in the same manner as the notice of intended decision.

C.

Conditions. In granting a minor accommodation, the City Engineer (or the City Council as applicable) may impose such restrictions and conditions as it deems appropriate to satisfy the findings required for such accommodation.

D.

Hearings and Appeals.

1.

If any person files a written objection to the notice of intended decision issued by the City Engineer, and that objection is not withdrawn, then the matter shall be referred by the City Engineer to the City Council for decision and a public hearing shall be held before the City Council on the minor accommodation.

2.

The applicant or any person aggrieved by the final decision of the City Engineer regarding a minor accommodation may appeal that decision to the City Council within ten days of the mailing of the notice of decision. The appeal shall be filed with the City Clerk on a form approved by the City.

E.

Process on Appeal.

1.

The City Council shall conduct a noticed public hearing on the appeal. A notice of public hearing shall be mailed at least ten days prior to any hearing held by the City Council. The notice shall be mailed by United States mail, postage paid, to all property owners and occupants within 300 feet of the exterior boundaries of a project site, as shown on the latest equalized assessment roll.

2.

Upon the hearing of the appeal, the City Council may refer the matter back to the City Engineer with directions for further consideration, or the City Council may reverse, affirm or modify the decision or may make such decision or determination as may appear just and reasonable in the light of the evidence presented. In making its decision on the appeal, the City Council shall make the finding as set forth in 5-2I-1:C.2. The decision of the City Council shall be in writing and is final.

(Ord. No. 305, § 2, 7-9-01; Ord. No. 387, § 3, 9-11-23)