An application for a Certificate of Compliance for a structure that is to be relocated, remodeled or erected shall be filed and approved prior to the intended occupancy;

An application for a Certificate of Compliance for the use of vacant commercial/industrial land or structure(s) or a change in occupancy shall be filed and approved prior to the intended use inauguration;

An application for a Certificate of Compliance for a change of ownership of an existing commercial/industrial structure/use shall be filed prior to reuse/reopening under the new ownership;

In order to provide for a "fast track" permit review/reconstruction process that may only be available following the occurrence of a bona fide emergency (e.g., natural disaster, civil disobedience, etc.), as determined by the Council, an "Emergency Building Permit/Certificate of Compliance" may be issued by the appropriate departments with adequate deposits/security required by subsection (5) of this section; and

A temporary Certificate of Compliance may be issued by the Department permitting almost "immediate" use of the structure(s), subject to the conditions imposed on the use, provided that a deposit/security is filed with the Department prior to the issuance of the temporary certificate. The deposit/security shall guarantee the faithful performance and completion of all terms, conditions, and performance standards imposed on the intended use. The form of the deposit/security shall be subject to the approval of the Director. The deposit/security shall be processed for return to the depositor within 10 days following a determination by the Director that all of the terms, conditions, and performance standards have been met.

A home enterprise use application shall not be approved by the Director unless it can be reasonably expected over time to be consistent with the intent, purpose and all regulations of this chapter. The application shall contain sufficient information to determine substantial compliance with all conditions and regulations, and, additional information may be required as deemed necessary by the Director, including, but not limited to, a floor plan and/or site plan.

The restrictions of this chapter shall not be applicable to a property owner selling the owner's personal household goods from a residential property in conformance with the garage sale requirements of the Municipal Code.

A Home Enterprise Permit shall not be required for uses granted a valid Conditional Use Permit in the subject zoning district nor for uses granted valid Council permission in compliance with other articles of the Municipal Code.

Business uses that are commonly operated in commercial or industrial zoning districts of the City shall not be allowed as home enterprises unless approved by the Director and the following facts are found to be true:

Home enterprises shall comply with all of the following operating standards:

Home Enterprise Permits are valid for one year only. Permit holders shall apply for a renewal prior to expiration if they wish to continue the home enterprise. Director approval may be granted for periods of up to two years for each subsequent renewal upon demonstration of satisfactory compliance with any applicable operating standards and regulations. A Home Enterprise Permit fee or renewal fee shall be paid. Fees for the processing of applications, issuing and renewing permits and inspections and investigations shall be in compliance with the City's "Schedule of Fees."

The permit issued shall not be transferred or assigned, nor shall the permits authorize any person other than those named in the permit to commence or carry on the home enterprise for which the permit was issued.

The home enterprise shall not be initiated until a current Business License is obtained from the City License Department.

The use has become detrimental to the public health, safety, welfare or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking;

The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;

The use for which the permit was granted has ceased or was suspended for six or more months;

The condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the purpose or intent of this chapter;

The home enterprise being carried on is different from that for which the permit was issued;

One or more of the operating standards or any special conditions of the Home Enterprise Permit have not been met; or

The use or property is in violation of any statute, ordinance, law or regulation.

A temporary real estate office may be established within the area of an approved development project solely for the first sale of homes. A Temporary Use Permit application for a temporary real estate office may be approved for a maximum time period of two years from the date of approval;

On-and off-site contractors' construction yards only in conjunction with an approved development project;

A mobile home as a temporary residence of the property owner when a new single-family dwelling is under construction and a valid building permit is in place. The permit may be granted for up to one year, or upon expiration of the building permit, whichever occurs first;

Christmas tree sale lots and Halloween pumpkin sales facilities may only be established as follows: Christmas tree sales lots from December 1st through December 31st and Halloween pumpkin sales facilities from October 1st through November 7th;

Fireworks stands, only when in compliance with Chapter 8 of Title 4 of the Municipal Code;

Emergency public health and safety needs/land use activities; and

Similar temporary uses which in the opinion of the Director, are compatible with the zoning district and surrounding land uses.

Name, address and telephone number of the applicant;

Name, address and telephone number of employer, if any;

Address and location where activity is to be conducted.

Brief description of the nature and amount of equipment or product to be used in the activity;

Written acknowledgment from the property owner authorizing the activity.

Two sets of plot plans describing the location of the use; pedestrian and vehicular circulation in and around the area shall accompany the application.

Permits shall be subject to review for public nuisance potential and conditions of approval shall be required.

The applicant shall be responsible for obtaining all required permits and approvals from other applicable regulating agencies, outside of City Hall (e.g., the Los Angeles County Health and Fire Departments) prior to approval of the Temporary Use Permit.

Except as otherwise provided in this Code, the Director shall have the right to deny the permit if the Director determines that the granting of the permit or the conduct of the activity will be contrary to the preservation of the public peace, health, safety or welfare of the City or its inhabitants.

If the permit is granted, the Director may impose terms, conditions and restrictions upon the operation and conduct of the business as the Director deems necessary to protect the public peace, health, safety or welfare of the City or its inhabitants.

Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress) and public transportation, if applicable;

Regulation of nuisance factors including, but not limited to, prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash and vibration;

Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

Provision for sanitary and medical facilities, as appropriate;

Provision for solid, hazardous and toxic waste collection, recycling and/or disposal;

Provision for security and safety measures;

Regulation of signs;

Regulation of operating hours and days, including limitation of the duration of the activity;

Submission of a performance bond or other security measures, satisfactory to the Director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition. Any costs exceeding the bond or other security measure remain the obligation of the permittee/property owner;

Submission of a detailed site plan indicating layout, parking, access to the use, etc., incorporating any information required by this article;

A requirement that the approval of the requested permit is contingent upon compliance with applicable provisions of the this Code and successful approval of any/all required permits from any other department or governing agency; and

Any other conditions that will ensure the operation of the proposed activity in an orderly and efficient manner and in full compliance with the purpose/intent of this article.

On-site circulation and parking, loading and landscaping;

Placement and/or height of walls, fences and structures;

Reconfiguration of architectural features and/or modification of finished materials, including colors, that do not alter or compromise the previously approved theme;

A reduction in density/intensity of a development project;

Operational limitations or characteristics imposed as conditions by the Review Authority; and

Other similar standards as determined by the Director.

Minor adjustments from the standards contained in this Code shall be granted only when, because of special circumstances applicable to the property, the strict application of this Code denies the property of privileges enjoyed by other property located nearby and in an identical zoning district;

Any Minor Variance granted shall be subject to conditions that will ensure that the minor adjustment authorized shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is situated; and

Any Minor Variance granted shall promote orderly, creative and enhanced development design and redevelopment overall, or upon one or more aspects including architectural quality and character, open space, parking, public improvements, security, child care, amenities, affordable housing, etc.

Distance between structures;

Parcel dimensions (not area);

Setbacks;

Structure heights;

On-site parking, loading, lighting and landscaping;

Minimum dwelling size;

Driveways;

Other standards deemed desirable as listed in Chapter 3, Article 2 (Bonus Developments); and

Other similar standards as determined by the Director.

That there are special circumstances applicable to the property, including location, shape, size, surroundings or topography so that the strict application of this Code denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

That granting the Minor Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the Minor Variance is sought;

That granting the Minor Variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

That granting the Minor Variance does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;

That granting the Minor Variance does not result in an adjustment which would exceed 10% of the standard(s) being modified or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

That granting the Minor Variance will not be inconsistent with the General Plan.

That circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Minor Variance;

That the Minor Variance was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;

That the improvement authorized in compliance with the Minor Variance had ceased or was suspended for six or more months;

That one or more of the conditions of the Minor Variance have not been met, and the grantee has not substantially exercised the rights granted by the Minor Variance;

That the improvement authorized in compliance with the Minor Variance is in violation of any statute, ordinance, law or regulation; or

That the improvement authorized in compliance with the Minor Variance is detrimental to the public health, safety or welfare or constitutes a nuisance.

Parking within designated areas of the front yard in all residential zoning districts in compliance with Section 9-3.810 (Parking Design Standards for Residential Uses);

Off-street parking reductions (e.g., due to changes of use, shared parking requests, etc.);

Installation/operation of vending machines as defined in Chapter 1, Article 2 (Definitions);

Reduction of an existing nonconforming condition without significantly increasing another nonconforming condition, and thereby creating a new "bench mark" as to the allowable level of nonconformity;

"Legalization" of nonpermitted nonconforming structures and uses in compliance with Chapter 3, Article 6 (Nonconforming Structures and Uses); and

Other similar uses as determined by the Director.

The proposed use is conditionally permitted within, and would not impair the integrity and character of, the subject zoning district and complies with the purpose/intent of this Code;

The proposed use is consistent with the intent of the General Plan;

The approval of the Minor Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and the City's Guidelines;

The design, location, size and operating characteristics of the proposed use are compatible with the existing and planned future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses operating nearby or adverse to the public interest, health, safety, convenience or welfare of the City;

The subject site is physically suitable for the type and density/intensity of use being proposed; and

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

That circumstances under which the entitlement or permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety and welfare require the revocation;

That the Minor Conditional Use Permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;

That the use for which the Minor Conditional Use Permit was granted had ceased or was suspended for six or more months;

That one or more of the conditions of the Minor Conditional Use Permit have not been met;

That the use is in violation of any statute, ordinance, law or regulation; or

That the use permitted by the Minor Conditional Use Permit is detrimental to the public health, safety or welfare or constitutes a nuisance.

Variances from the terms of this Code shall be granted only when, because of special or unique circumstances applicable to the property, including location, shape, size, surroundings or topography, the strict application of this Code denies the property of privileges enjoyed by other property located nearby and in an identical zoning district;

Any Variance granted shall be subject to conditions which will ensure that the adjustment authorized shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is situated;

The power to grant Variances does not extend to use regulations. Flexibility in use regulations is provided in Article 11 of this chapter (Conditional Use Permits).

A request for reasonable accommodation in the application of zoning regulations for a disabled person is not a variance, but is covered under Section 9-3.1901 of the Huntington Park Municipal Code.

Permit the modification of the dimensional standards of the following:

Permit the modification of sign regulations (other than prohibited signs); and

Permit the modification of the number and dimensions of parking areas, loading spaces, landscaping or lighting requirements.

That there are special circumstances applicable to the property, including location, shape, size, surroundings or topography so that the strict application of this Code denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the Variance is sought;

That granting the Variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;

That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

That granting the Variance will not be inconsistent with the General Plan.

That circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance;

That the Variance was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;

That the improvement authorized in compliance with the Variance had ceased or was suspended for six or more months;

That one or more of the conditions of the Variance have not been met, and the grantee has not substantially exercised the rights granted by the Variance;

That the improvement authorized in compliance with the Variance is in violation of any statute, ordinance, law or regulation; or

That the improvement authorized in compliance with the Variance is detrimental to the public health, safety or welfare or constitutes a nuisance.

For a new structure or use listed as subject to a "Development Permit" (D) in the applicable zoning district;

For a new single-family structure;

For the expansion or conversion of an existing structure or use, affecting or involving a minimum of 25% of the total gross floor area of the structure;

For the enlargement or exterior alteration of an existing structure, affecting or involving a minimum of 25% of the total gross floor area of the structure, for which a Development Permit has not been issued, excluding an existing single-family structure;

For the movement and/or relocation of any structure, including factory-built and manufactured housing, to any parcel within the City;

For the expansion of a legal nonconforming structure, affecting or involving a minimum of 25% of the total gross floor area of the structure, for which a Development Permit has not been issued in compliance with Chapter 3 Article 6 (Nonconforming structures and uses); and

For the rebuilding/replacement of a destroyed/demolished legal nonconforming structure for which a Development Permit has not been issued in compliance with Chapter 3, Article 6 (Nonconforming structures and uses).

Each Development Permit application shall be analyzed to ensure that the application is consistent with the purpose of this article and the City's CEQA Guidelines.

To ensure effective implementation of General Plan policies relating to design, each Development Permit shall be reviewed by the Director. The review shall occur prior to the determination by the review authority.

Any application which may result in grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by the review authority.

Director-Approved Projects. A notice or public hearing shall not be required for all applications subject to the Director's review.

Commission-Approved Projects. Upon receipt in proper form of a Development Permit application and compliance with the City's CEQA Guidelines, a hearing shall be set and notice of the hearing given in compliance with Article 23 of this chapter (Hearings and Appeals) for all applications subject to the Commission's review.

Director-Approved Projects. Approval of Director-Approved Projects shall be ministerial in nature. Projects that comply with the requirements of this and other applicable sections shall be permitted by right. The Director may approve a Development Permit only if all of the following findings are made:

Commission-Approved Projects. The Commission may approve a Development Permit, only if all of the following findings are made:

That circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety and welfare require the revocation;

That the Development Permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;

That the use for which the Development Permit was granted had ceased or was suspended for six or more months;

That one or more of the conditions of the Development Permit have not been met;

That the use is in violation of any statute, ordinance, law or regulation; or

That the use permitted by the Development Permit is detrimental to the public health, safety or welfare or constitutes a nuisance.

The proposed use is conditionally permitted within, and would not impair the integrity and character of, the subject zoning district and complies with all of the applicable provisions of this Code;

The proposed use is consistent with the General Plan;

The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and the City's Guidelines;

The design, location, size and operating characteristics of the proposed use are compatible with the existing and planned future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses operating nearby or adverse to the public interest, health, safety, convenience or welfare of the City;

The subject site is physically suitable for the type and density/intensity of use being proposed; and

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

That circumstances been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety and welfare require the revocation;

That the Conditional Use Permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;

That the use for which the Conditional Use Permit was granted had ceased or was suspended for six or more months;

That one or more of the conditions of the Conditional Use Permit have not been met;

That the use is in violation of any statute, ordinance, law or regulation; or

That the use permitted by the Conditional Use Permit is detrimental to the public health, safety or welfare or constitutes a nuisance.

The name and residence address of the applicant;

If a firm, the names and residence addresses of the partners;

If an association, the names and residence addresses of the officers;

If a corporation, the names and residence addresses of the officers and directors;

The place for which the permit is desired or in which the dance is to be held;

The number and date of the dances to be held under the permit; and

If the applicant requests a combined dance and entertainment permit, the applicant, in addition to the information required by this section, shall provide all of the information required of an applicant for an entertainment permit as set forth in Article 13 of this chapter.

For a permit for a single dance, $25;

For a permit for a series of dances extending over a period of one month or less, $50;

For a permit for a series of dances extending over a period of more than one month and not to exceed six months, $100; and

For a combined dance and entertainment permit, $600 for an original permit or $350 for a renewal permit.

Suspension and revocation. Any permit issued pursuant to the provisions of this article may be revoked at any time by the Council if the Council becomes satisfied that the conduct of such dance hall, dancing club, or public dance does not or will not comport with the public welfare for any reason or that the same has been conducted in an unlawful, improper, or disorderly manner. The Council may revoke or suspend a permit issued for any public dance hall or dancing club when the proprietor or person in charge thereof violates or permits any infraction of any law of the State or the City.

Hearings: Notices: Exception. No permit for a public dance hall, dancing club, or public dance shall be revoked or suspended pursuant to the provisions of this article unless a hearing and notice thereof shall be first given the permittee; provided, however, any such permit may be temporarily suspended without such notice or hearing by the Council.

No permit shall be issued to any establishment for dance and entertainment in which the square footage of the dance floor area exceeds the following:

In no case shall the dance floor exceed 400 square feet gross floor area.

The required dance floor area shall be set aside and reserved exclusively for dancing, such area to be exclusive of hallway space.

Permits for dance and entertainment shall be issued only to establishments where the dance and entertainment is an accessory use which constitutes 25% or less of the gross receipts of the principal business.

In addition to the requirements set forth in Section 3-1.1202 of this article, the following shall require a conditional use permit approved by the Planning Commission:

Unlawful. It shall be unlawful for any person to take any form of alcoholic liquor into any public dance hall.

Duty of persons in charge. It shall be unlawful for any person in charge or assisting in the conduct of any public dance hall to permit any person to enter or remain therein who has any form of alcoholic liquor in his or her possession.

Unlawful. No person shall conduct himself or herself in a boisterous or disorderly manner in a public dance hall, nor shall any person in an intoxicated condition enter or remain in any such dance hall.

Duty of persons in charge. It shall be unlawful for any person in charge or assisting in the conduct of any public dance hall to permit any intoxicated, boisterous, or disorderly person to enter, be or remain in, or assist in any such dance hall.

Unlawful attendance. It shall be unlawful for any person under 18 years of age to enter, be in, or dance in any public dance hall unless accompanied by his or her parent or legal guardian.

Duty of guardians and persons in charge. It shall be unlawful for any parent or guardian of a minor person under 18 years of age or for the proprietor or person in charge of any public dance hall to permit any such minor person to enter, be in, or dance in any public dance hall unless accompanied by his or her parent or legal guardian.

Misrepresentation of age. It shall be unlawful for any person to represent himself or herself as being 18 years of age or over when, in fact, his or her age is less than 18 years.

Misrepresentation of guardianship. It shall be unlawful for any person to falsely represent himself or herself as a parent or guardian of any minor person in order that such minor person may attend or remain in a public dance hall.

Exception. The provisions of this section shall not apply to teenage dances as provided in Section 9-2.1215 of this article.

Required. It shall be unlawful for any person conducting, operating, or in control of any public premises or private club within the City to allow any entertainment, excluding dancing, which is regulated by the provisions of Article 12 of this chapter, upon the premises or in or upon any adjoining room or premises unless there has been granted to such person a valid permit therefor pursuant to the provisions of this article. Dancing by performers as part of the entertainment shall be distinguished from dancing by patrons or guests.

Exceptions. No permit shall be required of any nonprofit organization, including, but not limited to, bona fide charitable, religious, benevolent, and educational organizations, nor in connection with the use of any property owned by the City.

A complete identification of the applicant;

The names, citizenship, and residence and business addresses of any copartners, including limited partners;

If a corporation or association, the names, citizenship, and residence and business addresses of all the corporate officers;

The name and residence and business address of the owner, manager, or person to be in charge;

The name, residence and business address, and written consent of the owner of the premises who shall indicate his or her consent by signing the application in the space provided;

The address, the particular room or rooms for which the permit is required, the square foot area to be used for entertainment, and the seating capacity for the service of meals;

The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;

Whether or not the applicant or any person set forth in subsections (d) and (e) of this section has had a permit for the same or any similar business suspended or revoked anywhere and, if so, the circumstances of such suspension or revocation; the suspension or cancellation of a liquor license shall be considered as included within the purpose of this subsection;

Whether or not the applicant or any officer, director, or member of the firm or corporation applying for the permit, as the case may be, has ever been convicted in any court for any crime set forth in subsection (b) of Section 9-2.1307 of this article and upon which the Police Chief is required to investigate and report;

A statement in detail of the kind of entertainment which is to be conducted on the premises;

The hours of operation; and

If the applicant requests a combined dance and entertainment permit, the applicant, in addition to the information required by this section, shall provide all of the information required of an applicant for a dance permit as set forth in Article 12 of this chapter.

Authority: Purpose. The Director of Finance shall cause investigations to be made by the Police Chief, Fire Chief, and Building Official to ascertain what effect, if any, the issuance of entertainment permits will have on the public peace, health, safety, and general welfare of the City and its inhabitants.

Duty of Police Chief. The Police Chief shall ascertain whether or not the applicant or other persons interested in the permit have been convicted of a felony or any crime involving theft, embezzlement, or moral turpitude or have had a license or permit for a similar business or a liquor license suspended, canceled, or revoked.

Duty of Building Official and Fire Chief. The Fire Chief and the Building Official, within the jurisdiction and duties of their particular departments, shall ascertain whether or not the premises to be used are suitable, proper, adequate, and comply with applicable laws for the issuance of the permit.

Reports. The Police Chief shall make a report to the Director of Finance of his or her findings, together with his or her recommendations, if any. The Fire Chief and Building Official shall each investigate and report to the Director of Finance as to compliance with building and fire regulations, floor area regulations, and regulations pertaining to the dining area and dining area seating capacity. Such investigating officers shall include in their respective reports any information they may have regarding the character and reputation of the applicant, manager, other person to be in charge of the premises, and/or the person owning the business.

If any of the investigating officers shall find, after the investigation as provided in this section, that the premises do not comply with applicable laws or such use of the premises would result in a violation of any law, he or she shall recommend that the application be denied. For the purpose of permitting the applicant to correct matters objected to under this subsection, except improper fire or land use zones, on the request of the applicant and his or her assurance that the matters objected to will be corrected, the Director of Finance may grant an extension of time for such purpose not to exceed 60 days.

The Director of Finance shall assemble the reports from the other departments, which reports may include recommendations from such departments as to whether or not the permit should be granted or denied, and the Director of Finance shall forward all of the reports to the Council for its determination and action upon the permit.

Fingerprinting. The City may cause fingerprints to be taken of the applicant and any other person set forth in subsections (b) through (e) of Section 9-2.1305 of this article.

Council review and determination. Within 60 days after receiving an application for an entertainment permit, the Revenue Collections Department shall forward the application and the recommendations to the Council for consideration at its next regular meeting following the submittal. At such meeting the Council shall review such application and recommendations and shall either grant the permit or set the matter for a hearing.

Hearings: Notices. The Council shall fix the time and place of the hearing and shall notify the applicant thereof by personal service or certified mail. The notice shall be substantially in the following form but may include other information:

"You are hereby notified that a hearing will be held at ________, on the _____day of _________ 19___, at the hour of ______, at which time you may show cause why the permit for which your application was filed should be granted."

Hearings: Procedure. At the time and place fixed in such notice or at any time to which the matter may be continued, the Council shall hear the applicant and his or her witnesses and receive any documentary evidence offered in support of the granting of the permit.

Hearings: Council action. If, after such hearing, the Council shall be satisfied that proper notice has been given, the Council shall grant the permit, unless it shall find that the granting of such permit would be inimical to the public health, safety, morals, or general welfare.

Hearings: Automatic extensions. If the permittee who holds an existing permit files his or her application for the renewal thereof and furnishes all of the required information not less than 30 days before the expiration date, and no action is taken by the Council by such expiration date, and if the Director of Finance has not granted an extension, then the permit shall be renewed automatically for a period of 60 days after the expiration date, and the Council shall consider and act upon such application before such 60 day period expires.

Should the council fail to act on any renewal application prior to the expiration of said 60 day extension, then such renewal application shall be deemed approved, and the Director of Finance shall issue a renewal permit to the permittee.

Suspension by Police Chief. Any permit issued pursuant to the provisions of this article shall be summarily and temporarily suspended by the Police Chief in the event the permittee has violated any of the rules and regulations set forth in this article or has violated or permitted the infraction of any law of the State or the City. Such suspension shall be accomplished by posting a notice thereof on the premises over the place where the permit is required to be posted. Within 24 hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the Council.

Hearings: Notices. At its next regular meeting, the Council shall hear the matter, giving at least three days' notice of such hearing to the permittee. The hearing may be continued from time to time at the discretion of the Council.

Council action. Upon the conclusion of the hearing, the Council may continue the suspension, revoke the permit, or terminate the suspension and reinstate the permit. The decision of the Council shall be final and conclusive. The Council shall revoke the permit of any person convicted of violating any provision of this article and shall not grant another permit to such person or for the same premises for a period of six months after such revocation.

The room, hall, or other place where dining and dancing are permitted shall be kept well and adequately lighted with uniform intensity at all times with a minimum light of three footcandles measured at a height of thirty (30″) inches from the floor, and all places where dancing is permitted shall be open and in clear view.

No person shall pay or receive any fee or remuneration to be a dancing partner. This provision shall not apply to professional paid entertainers when performing as such.

Smoking on the floor area used for dancing shall be prohibited.

For the purpose of this article, "special event" means a temporary activity to promote businesses or other uses in the City, such as outdoor sales or celebrations, that serve the general public, and at which no admission fee is charged.

Only one permit shall be issued to the same applicant or location within a three month period. No more than four permits may be issued to the same applicant or location in a 12 month period. The maximum number of total operating event days shall not exceed 30 days per permit period. The exact number of days and dates shall be specified in the permit and shall be subject to approval by the Director of Community Development.

Grand opening events shall require the same application of a "special event" however, only two "grand opening" permits may be issued to the same applicant within a 180-day period.

For the purpose of this article, "grand opening" means a promotional activity used by establishments newly opened in a particular location, within 180 days after receiving the certificate of occupancy, the purpose of which is to inform the public of their location and services available to the community. This does not include an annual or occasional promotion that is defined by subsection (a).

The name, address, and telephone number of the applicant;

The name, address, and telephone number of employer, if any;

The address and location where such activity is to be conducted;

A brief description of the nature and amount of equipment or product to be used in such activity;

A written and notarized acknowledgment from the property owner authorizing such activity;

Two sets of plot plans describing the location of the use, pedestrian and vehicular circulation in and around the subject area shall accompany the application.

The Director shall immediately forward copies of the application and any attachments to every City department which would or could be affected by such use.

Each such department shall investigate and respond in writing to the Director with recommendations on the application, within two business days after receiving the photocopy of the application.

Any permit shall be subject to review for public nuisance potential and conditions of approval shall be required.

The applicant shall be responsible for obtaining all necessary or required permits and approvals from other applicable regulating agencies, outside of City Hall, such as the Los Angeles County Health and Fire Departments prior to approval of the Special Event Permit.

Except as otherwise provided in this code, the Director shall have the right to deny the permit if the Director determines that the granting of same or the conduct of the use will be contrary to the preservation of the public peace, health, safety, or welfare of the City or its inhabitants.

If such permit is granted, the Director may impose such terms, conditions, and restrictions upon the operation and conduct of such business, not in conflict with any law, as the Director may deem necessary or expedient to protect the public peace, health, safety, or welfare of the City or its inhabitants.

The Director shall take action on the application within seven business days of its submittal.

Fees for the processing of applications and issuing permits pursuant to this article shall be as set forth by resolution of the City Council.

Grand opening events shall be exempt from the fees for the processing of applications and issuing of permits. However, if applicable, the following departmental service charges shall apply:

Except as provided otherwise by this Code or pursuant to the terms of a permit, lease or contract which has been specifically authorized by the City Council, no person shall conduct or cause to be conducted, participate or engage in, hold, manage, permit or allow another to conduct an activity/event, in, on or upon any City street, sidewalk, alley, park, way, public place, public property or public right-of-way which is owned or controlled by the City without first having obtained a written permit from the City as provided for in this article.

The City is authorized to issue permits for activities in public places pursuant to the procedures established in this article.

The City may condition any permit issued pursuant to this chapter with reasonable requirements concerning the time, place or manner of holding such event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. Conditions may include, but are not limited to, the following:

Issuance of a permit pursuant to this chapter does not obligate or require the City to provide City services, equipment or personnel in support of an event although the City may provide such services, equipment or personnel if such are reasonably available and the event organizer makes provisions to reimburse the City for the actual cost there-of.

The following activities are exempt from the permit requirement:

The City may impose reasonable time, place and manner restrictions on spontaneous parades, assemblies or demonstrations governed by this section whether or not said activities are governed by the permit requirements set forth in this chapter.

The City may deny permission to conduct a spontaneous parade, assembly or demonstration if the City makes a finding requiring denial pursuant to Section 9-2.1507 of this article. Such finding by the City shall be made no later than six hours before the scheduled start time for the event. If the City makes a finding pursuant to Section 9-2.1507, the City shall immediately provide notice of the denial, including the reason or reasons for the denial, by telephone to the permittee and shall also provide written notice of the denial including the reason for the denial. If the permittee provides a fax number for the purpose of receiving notices, the City shall provide written notice of the denial by fax immediately upon making the denial decision. In lieu of denial, the City may propose to the applicant an alternative time, route, venue or manner of conducting the activity/event which alternative would be acceptable to the City and which would obviate any finding made pursuant to Section 9-2.1507.

The application for permit under this article to conduct or engage in any activity/event, which involves the use of City streets, alleys, sidewalks, parks, ways, public places, public property or public right-of-way owned or controlled by the City shall be filed with the City of Huntington Park Community Development Department.

Applications shall be filed not less than 90 calendar days, nor more than one year before the time it is proposed to conduct the event, when the event includes any of the following: street closure; 100 or more participants in attendance; the use of four or more public parking spaces for one or more days; or the use of a public right-of-way for four or more days. Such activities/events shall require City Council approval. All other activities/events applications shall be filed not less than 30 calendar days prior to the event and may be approved administratively. Specific exemption applies to applications for expressive activities, which shall be filed in accordance with subsection (D) of this section.

Except as otherwise applicable, the City shall, within 10 business days, determine whether such application is or is not complete. In the case of an event involving expressive activity, the City shall determine whether or not such application is complete within 24 hours of said application being submitted to the City. Notwithstanding the City's acceptance of a completed application, no event date shall be considered confirmed until an activity/event permit is issued.

Unless otherwise specified in this chapter, an application for a activity/event by a person engaging in expressive activity for which a permit is required pursuant to this chapter shall be filed as follows:

Applications for activity/events involving expressive activity for which a permit is required pursuant to this chapter, may be filed in advance of the time periods set forth above but in no event more than one year prior to the event date. If an applicant for an event involving an expressive activity desires to ensure the opportunity for an appeal to the City Council in accordance with Section 9-2.1513(A), the application shall be filed with the City not less than 30 calendar days, nor more than one year before the time when it is proposed to conduct the event. Failure to file the application in accordance with the provisions of this Code shall be deemed to be a waiver of an appeal to the City Council and in that event the decision of the City shall be final and the event organizer or other aggrieved person may file or cause to be filed a petition for writ of mandate in State court regarding the validity of the City's decision to grant or deny the application.

Each application shall be accompanied by a nonrefundable permit application fee in an amount established from time to time by resolution of the City Council. The City shall have the authority, if good cause is shown and the nature of the application reasonably and feasibly lends itself to expedited processing, to consider, grant or deny any application for a permit which is filed later than the time prescribed in this section.

Completed applications for an activity in public places permit requiring City Council review shall be denied, approved, or conditionally approved by the City within 45 days after the City deemed the application complete. Completed application for a permit involving "expressive activity" as defined in this chapter shall be denied, approved, or conditionally approved by the City within two business days after the City deemed the application complete. In the case of expressive activity, the City shall promptly attempt to notify the applicant orally, and provide written notification to the applicant as soon as it is reasonably practical to do so. Such notice shall provide detailed facts and reasons for any denial or conditional approval.

Applications shall be upon a form which is furnished by or acceptable to the City. Each application shall contain full, complete and detailed information including, but not limited to, the following:

The City shall refer the application to all appropriate City departments deemed necessary from the nature of the application for review, evaluation, investigation, fees and costs, and recommendations by the departments regarding approval or denial of the application.

The City shall issue a permit under this chapter if the City finds that the following criteria have been met:

In determining whether to approve a permit application for an event involving expressive activity, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the event organizer or its members or affiliates, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.

Applications for parades shall follow the same process as other activities/events occurring on public property which require City Council approval.

Limitation of use in the Downtown Vicinity. Due to traffic and economic impacts the use of the downtown vicinity for activities/events between the time period of November 15th to January 10th shall be restricted with the exception of the Annual Christmas and Three Kings parades. Use of the downtown vicinity for activities/events at all other times shall require prior City Council approval and shall be limited to a maximum of one event per calendar quarter, not including the annual El Grito parade.

Any permit fee, application fee, daily fee, and other additional fee (other than departmental services charges) for the use of City streets or other City owned or controlled property pursuant to this chapter shall be established by the City Council by resolution and paid for prior to the activity/event, unless said fess are funded, partially funded or waived by action of the City Council due to hardship or other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract, which has been specifically authorized by the City Council. Any request for a waiver of fees shall be based upon a demonstration of financial hardship, as evidenced by relevant information or documentation satisfactory to the City.

Any indigent natural person who intends to engage in "expressive activity" as defined in this chapter who cannot apply for a permit because of an inability arising from such indigence to pay the application fee shall not be required to pay the fee. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the City, be reasonably necessary to verify such status. For purposes of this section, "indigent natural person" includes, but is not limited to, a person eligible for county relief and support as an indigent person under Section 17000 et seq., of the California Welfare and Institutions Code or as said section(s) is/are amended from time to time.

Any permit issued under this chapter shall not be for a period of more than three consecutive days except as otherwise provided in this Code; however, the City, upon timely application by a permittee, may extend the duration of any permit, except as otherwise provided in this Code, for one additional period of not more than three consecutive days if the City finds that all criteria set forth in Section 9-2.1504(J) are being met and will continue to be met during the period of term extension.

Only one permit shall be issued to the same applicant or same location within a three month period. No more than four permits may be issued to the same applicant or same location in a 12 month period, unless otherwise specified in this chapter. The exact number of days and dates shall be specified on the permit and shall be subject to approval by the City.

For local non-profit organizations, only one permit shall be issued to the same applicant or same location within a three month period. No more than four permits may be issued to the same applicant or same location in a 12 month period. The exact number of days and dates shall be specified on the permit and shall be subject to approval by the City. For activity/events that do not require City Council review and approval pursuant to Section 9-2.1504, the total number of days approved shall not exceed 30 days per permit.

The City may deny any application for a permit or revoke any permit for any of the following:

The City may deny any application for a permit or revoke any permit if the City determines that the event sponsor or any agent, employee or associate or any such event organizer has willfully made any false or misleading statements in an application or has not fully complied with the requirements of this chapter or has violated any of the provisions of this chapter or the provisions of any other applicable law, rule or regulation.

An event organizer whose permit application is denied, or whose permit is revoked pursuant to this section shall be immediately notified of the action of denial or revocation, which notification shall contain a statement setting forth the reasons for said denial or revocation as well as a reference to the appeal provisions set forth in Section 9-2.1513. Notification, pursuant to this subsection, shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified mail, return receipt requested, and addressed to the applicant at the address shown on the permit application.

Each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the City, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the City, its officers, agents or employees, and that permittee shall pay any settlement entered into, and shall satisfy any judgment that may be rendered against the City, its officers, agents or employees in connection with the uses, events or activities under the permit.

Except for block parties, concurrent with the issuance of a permit under this chapter, and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance from a reliable insurance company authorized to do business in the state, which policy includes the City, its boards, officers, agents and employees as named insureds or additional named insureds, and which provides the coverage that the City determines to be necessary, reasonable and adequate under the circumstances.

If the City determines, after consultation with the City's Risk Manager and the City Attorney, that a particular use, activity/event does not present a substantial or significant public liability or property damage exposure for the City or its officers, agents and employees, the City may give a written waiver of the insurance requirements of this section.

The insurance requirement set forth in this section shall not be construed to apply to assemblies, or demonstrations permitted under this chapter involving expressive activity which enjoy protection under the United States or California constitutions, except that such assemblies, or demonstrations shall be required to either: (1) agree to indemnify, protect, defend and hold harmless the City, its officers and employees against all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted assembly, or demonstration; or (2) agree to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety identified by the City as being reasonably foreseeable consequences of the permitted assembly, or demonstration; or (3) provide insurance coverage as required by Section 9-2.1508(B).

A claim for exclusion and alternative treatment under Section 9-2.1508(D) shall be filed with and at the same time as an application for a permit, and an agreement or proof of insurance, as applicable, shall be provided prior to permit issuance. The City may require such proof and documentation as deemed reasonably necessary to verify the constitutionally protected status of the assembly, or demonstration and the applicability of Section 9-2.1508(D).

In addition to the payment of the nonrefundable permit fee, application fee and daily fee, a permittee shall pre-pay the City for all City departmental services charges incurred in connection with or due to the permittee's activities under the permit unless said departmental services charges are funded, partially funded or waived by action of the City Council. Any request for a waiver of departmental services charges shall be based upon a demonstration of financial hardship, as evidenced by relevant information or documentation satisfactory to the City. Additionally, if City property is destroyed or damaged by reason of the permittee's use during the activity/event, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.

City departments shall indicate projected charges prior to the issuance of the permit. Projected costs shall be paid prior to the issuance of the permit. Upon completion of the event, City departments shall submit the final invoices and billings for departmental service charges to the City or no later than 20 business days after the event giving rise to the issuance of a permit.

Unless otherwise authorized by the City in writing, at least three days prior to an activity/event permitted under this chapter, the applicant shall pay to the City a deposit in an amount sufficient to cover the total estimated City departmental services charges which the City estimates will be incurred in connection with the permit. Said deposit shall be paid in cash or other adequate security as determined by the City. If the deposit is less than the final charges calculated pursuant to Section 9-2.1509, the permittee shall pay the difference to the City within 10 business days of being invoiced for such charges from the City. If the deposit is more than such final charges, the City shall refund the difference to the permittee within the 60 calendar days after the event.

Any indigent natural person who intends to engage in "expressive activity" as defined in this chapter who cannot obtain a permit because of an inability arising from such indigence to pay the departmental services charges may request the City to recommend an alternative assembly, or demonstration on a scale and at a time that would result in less costs assessed in accordance with Section 9-2.1509. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the City, be reasonably necessary to verify such status. For purposes of this subsection, "indigent natural person" includes, but is not limited to, a person eligible for county relief and support as an indigent person under Section 17000 et seq., of the California Welfare and Institutions Code or said code section(s) may be amended from time to time.

All applicants and or coordinating entities shall have a City of Huntington Park business license or shall obtain a business license for the activity/event period.

At the time of application submittal, the applicant must provide a list of vendors expected to participate in the activity/event. All vendors participating in the activity/event shall obtain a City of Huntington Park business license and provide proof of State Board of Equalization permits prior to the activity/event. Any applicant or vendor who is planning to sell or prepare food or food products must also furnish a valid Los Angeles County health permit.

Except as provided in this chapter, any person aggrieved by the issuance, denial or revocation of a permit pursuant to this chapter may appeal such decision to the City Council by filing a written notice of such appeal with the City Clerk within 10 business days of the decision of the City giving rise to said appeal. Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. The City Council shall, within 60 days of receiving such notice of appeal, hold a hearing. At such hearing, the aggrieved party is entitled to be heard and present evidence on their behalf. The City Council shall determine the merits of the appeal, and the City Council's determination to grant or deny the appeal shall be final. When the necessity for a timely response so requires, the City Council may refer the matter to a City appointed hearing officer.

Alternatively to the provisions of Section 9-2.1504(E), any applicant for an activity/event permit who is engaging in or intends to engage in "expressive activity" as defined in this chapter and who is aggrieved by the denial or revocation of a permit pursuant to this chapter may, at his/her election, appeal to the City Council in accordance with this section. However, any appeal taken pursuant to this section may, by necessity involve the postponement or delay of the activity/event for which a permit is sought.

The exact legal name, address, telephone number, and name of a responsible person of the applicant whom the City shall contact in all matters relating to the applicant's activity, whether the applicant is an individual, partnership, or corporation;

The dates, times, and locations during which preparation and filming will occur;

The streets, roadways, and/or alleys which the applicant wishes to use or occupy in the set preparation and during the actual movie production. Only those streets, roadways, and/or alleys so listed may be used or occupied by the permittee, after approval by the Director of Finance; and

The location of all property adjacent to streets, roadways, or alleys which the applicant wishes to use. The written consent of the owner of such property for its use by the applicant shall be presented with the application.

No fence shall be greater than eight (8′-0″) feet in height above the natural level of the ground in any area or finish grade adjacent thereto. A fence or wall not greater than eight (8′-0″) feet in height may be erected on any residential lot except where fences or walls are prohibited or restricted or except where there is a height limitation imposed.

Within the front yard setback or building setback, whichever is less, no fence or wall shall exceed sixty (60″) inches in height, where the first thirty (30″) inches above the natural ground or finished grade may be constructed solid and view obscuring. Above the first thirty (30″) inches, fences shall be non-view obscuring. The fence or wall height on corner lots, at the intersection of two public streets shall be subject to the review and approval of the Director of Community Development.

A fence or wall not greater than eight (8′-0″) feet in height may be constructed along the street line of a corner lot, except on a reversed corner lot, behind the front yard setback or building setback, whichever is less and terminating at the rear property line of the lot, except where corner cutback is required.

A fence or wall not greater than eight (8′-0″) feet in height may be constructed along the street line of a reversed corner lot beginning at the front yard setback or building setback, whichever is less and terminating at a point no less than ten (10′-0″) feet from the rear property line of the lot. Such fence or wall shall have a corner cutback and may not extend within a triangle, two sides of which shall be the rear property line and the side street property line measured ten (10′-0″) feet in each direction from the point of intersection of such lines, and the third side of the triangle which shall be a straight line connecting such two points, except as follows:

When there is a difference in the ground level between two adjoining lots, the height of any fence or wall constructed along the property line shall be determined by using the finished grade of the highest contiguous lot.

Fence or wall materials shall include wrought iron, wood, concrete block, brick and vinyl. Vinyl fences must duplicate a wood grain appearance. Chain link fences or chain link gates of any type shall not be permitted on any residentially zoned or developed property.

Within the front yard, fences or walls shall be limited to decorative open-fencing, such as wrought iron. Block wall materials shall be decorative in finish such as slump block, brick or other decorative stone. Block walls may be stucco covered providing the color of the stucco matches the primary color of the residential structure.

Any new residential development of two or more dwelling units, but excluding additions and minor improvements, shall provide a block wall not less than six (6′-0″) feet in height along the side and rear property lines, except where expressly prohibited by this section. Block walls shall be architecturally compatible with the proposed architectural theme.

Property developed for parking abutting property in residential zones. Where property being developed for parking abuts property in a residential zone, a fence or wall not greater than eight (8′-0″) feet in height may be constructed along the common boundary line of such abutting property. Such eight (8′-0″) foot wall shall not extend into the front yard or side yard setback required in any abutting residential zone and shall be subject to the height requirements of the residential zone. Where such wall abuts a required building line front setback, such wall shall not be more than three (3′-0″) feet in height.

Property developed for parking fronting property in residential zones. Where the property being developed for parking is across a street or highway from property in a residential zone, a fence or wall not greater than eight (8′-0″) feet in height may be constructed along the rear and side boundary line of such property. The front fence or wall shall not exceed three (3′-0″) feet in height and shall be erected and maintained not less than five (5′-0″) feet from the front property line.

Other property developed for parking. Where the property being developed for parking is across a street or highway from property in any zone other than a residential zone, a fence or wall not greater than eight (8′-0″) feet in height may be constructed along the rear and side boundary line of such property. The front fence or wall shall not exceed three (3′-0″) feet in height and shall be erected and maintained not less than five (5′-0″) feet from the front property line.

Commercial or industrial property abutting residential property. Where a property in a commercial or manufacturing zone abuts property in a residential zone, a fence or wall not greater than eight (8′-0″) feet in height may be constructed along the common boundary line between such properties. Such eight (8′-0″) foot wall shall not extend into the front yard or side yard setback required in any abutting residential property and shall be subject to the height requirements of the residential zone.

Commercial property abutting nonresidential property. Where property in a commercial zone does not abut property in a residential zone, there shall be an eight (8′-0″) foot maximum height requirement for fences or walls erected along such property. However, where such wall abuts a required building line front setback, such wall shall not be more than three (3′-0″) feet in height.

Industrial and manufacturing property abutting nonresidential property. Where property in an industrial zone does not abut property in a residential zone, there shall be an eight (8′-0″) foot maximum height requirement for fences or walls erected along such property. However, where such wall abuts a required building line front setback, such wall shall not be more than six (6′-0″) feet in height. For the purposes of public safety, the fence heights on corner lots at the intersection of two public streets shall be subject to review and approval by the Community Development Director for safety standards and vehicular sight visibility. The Community Development Director is hereby authorized to impose lesser height requirements than set forth in this section if he or she deems such restriction necessary and in the public interests. The determination of the Community Development Director shall be subject to an appeal to the Council and a public hearing by the Council, whose determination shall be final. An appeal fee, as set forth in the City's fee schedule, shall be paid by any person who deems himself or herself aggrieved by the determination of the Community Development Director in connection with such appeal hearing before the Council.

A fence or wall not greater than eight (8′-0″) feet in height may be constructed within the required corner cut-back area, provided that the first thirty (30″) inches above the natural ground or finished grade may be constructed solid and view obscuring, anything above the first thirty (30″) inches shall be non-view obscuring and constructed so as to have a minimum of 80% visibility.

That development projects comply with all applicable provisions of this Code, other applicable City codes/ordinances, and any design guidelines adopted by the City;

That the site design and exterior appearance of structures/uses, along with associated facilities (e.g., signs, landscaping, parking areas, etc.) is orderly and harmonious with the design of surrounding properties and neighborhoods, whenever feasible;

The use of design principles that result in creative, imaginative solutions and establish projects of quality design;

Maintenance of the public health, safety, general welfare and property throughout the City;

Implementation of General Plan policies that encourage the creation of a high quality environment that addresses modern needs, while building on Huntington Park's rich history as a balanced community with a wide range of living, working, shopping, cultural, educational and recreational opportunities; and

Minimization of cumulative and long-term negative impacts due to inappropriate, capricious or shortsighted development design.

The maintenance, repair, replacement or improvement of properties located nearby is discouraged resulting in an accompanying deterioration of conditions that affect the health, safety, comfort and general welfare of the inhabitants of the area and the City at large;

The most appropriate development/use of other nearby properties is impaired;

Instability of property values in the general area occurs;

The proper relationship between the taxable value of real property located nearby and the cost of municipal services to these properties is threatened;

The benefits of occupancy of other property located nearby are threatened; and

Cumulative and long-term negative impacts of inappropriate, capricious or shortsighted development design is easily overlooked or misunderstood without a concerted design and review process.

New structure(s)/development and related plans which require a Development Permit except as exempted in Section 9-2.1804;

Additions and exterior modifications to existing structures that require a Development Permit except as exempted in Section 9-2.1804;

Planned Sign Programs (9-3.1206); and

Other public or private improvement projects as determined by the Council, Commission or Director.

Fences and walls;

Interior modifications;

Improvements to parking lots of less than 10 spaces or 5,000 square feet in total area; and

Revisions to approved Planned Sign Programs.

The proposed development is consistent with all applicable provisions of this Code and other applicable City codes, ordinances and General Plan goals;

The general design considerations, including the character, scale and quality of design are consistent with the purpose/intent of this article and any adopted design guidelines;

The architectural design of structures and their materials and colors are visually compatible with surrounding development. Design elements (e.g., screening of equipment, exterior lighting, signs, awnings, etc.) have been incorporated into the project to further ensure its compatibility with the character and uses of adjacent development, and/or between the different types of uses in a mixed use development;

The location and configuration of structures are compatible with their sites and with surrounding sites and structures and do not unnecessarily block views from other structures or dominate their surroundings;

The general landscape design, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscape elements have been considered to ensure visual relief, to complement structures and to provide an attractive environment;

The design and layout of the proposed project will not interfere with the use and enjoyment of neighboring development (existing and future), will not result in vehicular or pedestrian hazards and will lead to a reduction in opportunities for crime;

The interior and exterior building design and/or site layout, including on-site parking, has been designed and integrated to ensure the intended use will best serve the potential users or patrons of the site; and

Special requirements or standards have been adequately incorporated, when applicable, into the site or building design (e.g., transportation demand management improvements, mitigation measures, utilities, American Disabilities Act regulations, density bonus requirements, open space, historic preservation, etc.).

Areas designated SP (Specific Plan) on the General Plan Land Use Map or Zoning Map require the preparation of a specific plan in compliance with 9-4 (Special Purpose Zones);

A Specific Plan, as a tool which is available to private property owners not covered by subparagraph (1) of this section, could assist in the comprehensive master planning of a specific site(s).

A pre-submittal application and fee are required prior to the filing of a formal Specific Plan application. A pre-submittal conference with the Department is required prior to the filing of the formal application;

During the pre-submittal conference, the City staff representative(s) shall review the applicable General Plan policies and provisions, the applicable zoning district regulations, and the City's CEQA Guidelines;

The Specific Plan and Environmental Impact Report (EIR), if required, shall not be prepared by the same private consulting firm;

The applicant, or the consultant, shall be responsible for all fees associated with the preparation and advertisement of the Notice of Preparation (NOP) and the Notice of Completion (NOC) for the EIR, if one is required; and

Prior to the preparation of the Specific Plan or EIR, the applicant shall hold at least one public scoping meeting to identify potential community-wide impacts and concerns relating to the proposed plan. Public notice of the scoping meeting is required. Appropriate procedures shall be defined by the Department at the pre-submittal conference.

The proposed plan is consistent with the General Plan;

The proposed plan would not be detrimental to the public interest, health, safety, convenience or welfare of the City;

The subject property is physically suitable for the requested zoning designation(s) and the anticipated land use development(s);

The proposed plan ensures development of desirable character which will be harmonious with existing and proposed development in the surrounding neighborhood; and

The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.

General Plan. A General Plan amendment may include revisions to text or diagrams.

Zoning Code. A Zoning Code amendment may modify any standard, requirement or procedure applicable to land use and/or development within the City.

Zoning Map. A Zoning Map amendment has the effect of rezoning property from one zoning district to another.

A pre-submittal application and fee are required prior to the filing of a formal amendment application. A pre-submittal conference with the Department is required prior to the filing of the formal application;

During the pre-submittal conference, the City staff representative(s) shall review the applicable General Plan policies and provisions, the applicable zoning district regulations, and the City's CEQA Guidelines;

The amendment and Environmental Impact Report (EIR), if required, shall not be prepared by the same private consulting firm;

The applicant, or the consultant, shall be responsible for all fees associated with the preparation and advertisement of the Notice of Preparation (NOP) and the Notice of Completion (NOC) for the EIR, if one is required; and

Prior to the preparation of the amendment or EIR, the applicant shall hold at least one public scoping meeting to identify potential community-wide impacts and concerns relating to the proposed amendment. Public notice of the scoping meeting is required. Appropriate procedures shall be defined by the Department at the pre-submittal conference.

Findings for General Plan amendments. An amendment to the General Plan may be approved in compliance with State law (Government Code Section 65300 et seq., Chapter 3 [Local Planning]) only if all of the following findings are made:

Findings for Zoning Code and Zoning Map. An amendment to this Zoning Code or the Official Zoning Map may be approved in compliance with State law (Government Code Section 65800 et seq., Chapter 4 [Zoning Regulations]), only if all of the following findings are made, as applicable to the type of amendment:

This article outlines the procedures and requirements for the review, consideration and amendment of development agreements upon application by, or on behalf of, property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement. It is intended that the provisions of this article shall be fully consistent and in full compliance with the provisions of State law (Government Code Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Section 65864 or as this section may be amended/replaced from time to time) and shall be so construed.

In construing the provisions of any development agreement entered into in compliance with this article, those provisions shall be read to fully effectuate, and to be consistent with, the language of this article, State law (Government Code Article 2.5, cited above) and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents and in the following order:

An entity having a legal or equitable interest in real property may request and apply through the Director to enter into a development agreement if the following conditions are met:

The Director is empowered to receive, review, process and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements. The Director may call upon all other departments of the City for timely assistance in complying with this chapter; and

Processing fees, as established by resolution of the Council, shall be collected for any application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Department in compliance with Section 9-2.2107 (Periodic Review).

The Director, upon finding the application for a development agreement complete and in compliance with the City's CEQA Guidelines, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Article 23 of this chapter (Hearings and Appeals). Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council that it approve, conditionally approve or disapprove the application;

Upon receipt of the Commission's recommendation, the City Clerk shall set the application and written report of the Commission for a public hearing before the Council in compliance with Article 23 of this chapter (Hearings and Appeals). Following conclusion of the public hearing, the Council shall approve, conditionally approve or disapprove the application;

Notice of the hearings outlined in subsections (1) and (2) of this section shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867);

Should the Council approve or conditionally approve the application, it shall, as a part of its action of approval, direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the Chief Administrative Officer;

The ordinance shall contain findings, and the facts supporting them, that the development agreement is consistent with the General Plan, any applicable Specific Plan, and this Code and that it will promote the public interest and welfare of the City; and

The ordinance may be subjected to referendum in the manner provided by State law (Government Code Section 65867.5).

Mandatory Contents. A development agreement entered into in compliance with this chapter shall contain the following provisions in compliance with State law (Government Code Section 65865.2):

Permissive Contents. A development agreement entered into in compliance with this chapter may include the following provisions:

The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement becomes effective, in compliance with Section 9-2.2309; and

The development agreement shall be recorded in the office of the Los Angeles County Recorder no later than 10 days after it is executed.

Every development agreement, approved and executed in compliance with this article, shall be subject to periodic City review during the full term of the agreement. (The review schedule shall be specified in the agreement.) Appropriate fees to cover the City's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party;

The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor to demonstrate compliance, to the full satisfaction of and in a manner prescribed by, the City; and

If, as a result of periodic review in compliance with this section, the Council finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor-in-interest has not complied in good faith with the terms or conditions of the development agreement, the Council may order, after a noticed public hearing that the agreement be terminated or modified.

Changes to Approved Agreement. A development agreement may be amended in the same manner as it was adopted, and any change shall be consistent with the provisions of the General Plan and any applicable Specific Plan.

Extension of Agreement. If the term of a development agreement is extended, any development that occurs after the original expiration date shall be consistent with the provisions of the General Plan as of the adoption date of the amended development agreement.

Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts and staff time involved in processing applications, no refunds are allowed.

The Director may authorize a refund based upon a determination that the application was accepted in error.

The Director shall not find the application complete, and/or shall not process or approve the application, if conditions exist on the site in violation of this Code or any permit or other approval granted in compliance with this Code, other than an application for the approval, entitlement or permit, if any, needed to correct the violation.

The Director's authority under this section shall apply whether:

The Director's decision may be appealed in compliance with Article 23 of this chapter (Hearings and Appeals).

Permits or licenses shall be issued by the City in compliance with the provisions of this Code, after the effective date of this Code, or amendment thereto. Permits or licenses issued in conflict with this Code shall be void.

Elected or appointed officials or City staff, when conducting their assigned responsibilities, shall not be held liable for any damages or losses claimed on behalf of an applicant or an interested party.

By publication in a newspaper of general circulation serving the City;

By mailing, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, or as required by CEQA review regulations, using the last known name and address of these owners as shown upon the current tax assessor's records of the County of Los Angeles. Notice is deemed received two days after date of postmark. The list of property owners' names and addresses shall be typed upon self-stick labels, together with the required postage. The list shall be prepared and certified by the applicant, or a title insurance company, civil engineer or surveyor licensed to practice in California;

By mailing, postage prepaid, to the owner of the subject property or the owner's authorized agent (project applicant) and to each local agency expected to provide roads, schools, sewage, streets, water or other essential facilities or services to the proposed project. Notice is deemed received two days after date of postmark;

In the event that the number of owners to whom notice would be sent in compliance with subsection (2) of this section, is greater than 1,000, in lieu of notice in compliance with subsection (2) of this section, notice may be given by placing a display advertisement of at least one-eighth page in the newspaper having the greatest circulation within the area directly affected by the proposed action and in at least one additional newspaper having general circulation within Los Angeles County, in compliance with State law (Government Code Section 65091(a)(3));

By posting in at least five public places within the City, including one public place within the area directly affected by the proposed action; and

In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable. The Director's action may be appealed in compliance with Section 9-2.2311 (Appeal of Action), below.

Holding of Hearings. Hearings shall be held at the date, time and place described in the public notice required by this chapter.

Continuances. If a hearing cannot be completed on the scheduled day, the Director or presiding Commissioner or Councilperson, before the adjournment or recess of the hearing, may continue the hearing, for later action, by publicly announcing the date, time and place to which the hearing will be continued.

Additional Notice not Required. Additional notice for the continued hearing is not required.

Development Agreements;

General Plan Amendments;

Specific Plans;

Zoning Code Amendments; and

Zoning Map Amendments.

Any determination or action taken by the Director may only be appealed to the Planning Commission. Similarly, any action taken by the Commission, to approve or disapprove an application may be appealed to the Council.

Any determination, decision, order, interpretation or ruling of the Planning Commission may be called up for City Council review upon written request by any one member of the City Council.

All appeals shall be submitted in writing on a City application form and shall specifically state the pertinent facts of the case and the basis of the appeal. An appeal of a Director action shall be filed with the Department within 15 days following the final date of action for which an appeal is made. An appeal of a Commission decision shall be filed in the office of the City Clerk within 15 days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee in compliance with Article 22 of this chapter (Applications and Fees).

A call for city council review may be initiated by any one member of the City Council and shall be filed with the City Clerk within 15 days following the final date of action of the Planning Commission. The calls for review shall not state that the planning commission has committed error or otherwise suggest that the Councilperson seeking review has predetermined the matter to be heard by the Council. No fee shall be required for a call for review.

The required security shall be in a form approved by the Director. The amount of security shall be as determined by the Director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

In addition to any improvement security required to guarantee proper completion of work, the Director may require security for maintenance of the work, in an amount determined by the Director to be sufficient to ensure the proper maintenance and functioning of improvements.

Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the Director, or until any warranty period required by the Director has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.

Release or Forfeit of Security.

Obtained a Building Permit and continuous on-site construction activity including pouring of foundations, installation of utilities or other similar substantial improvements has commenced;

Obtained a Grading Permit and has completed a significant amount of on-site grading, as determined by the Director;

Diligently continued the approved construct-ion/grading activities without stopping for more than 180 days; or

Actually implemented the allowed land use, in its entirety, on the subject property in compliance with all conditions of approval.

Civil Remedies and Penalties.

Criminal Actions and Penalties. Any person, whether as agent, principal or otherwise, violating or causing the violation of any of the provisions of this Code shall be guilty of a misdemeanor and shall be subject to the penalties in Chapter 2 of Title 1 or other applicable sections of this Code.

Other Enforcement Procedures.