Huntington Park City Zoning Code

The purpose/intent of this article is to outline procedures together with various land use permit options, in addition to providing for amendments to the General Plan, the Zoning Map, and this Code.

Table II-1 (Threshold of Review) identifies the full range of land use permit options and applicable Review Authority.

An applicant for a development project that would require the filing of more than one land use permit application, shall file all related permits concurrently, unless waived by the Director, and pay appropriate fees in compliance with Article 22 of this chapter (Applications and Fees). Permit processing and environmental/design review shall be concurrent and the final decision on the project shall be made by the highest level of Review Authority, in compliance with Table II-1 (Threshold of Review). For example, a project requiring a Development Permit (e.g., four dwelling units) and Tentative Parcel Map shall be determined by the Commission, while a project requiring a Development Permit, Tentative Tract Map and General Plan Amendment shall ultimately be determined by the Council.

A prospective applicant or agent or City representative may request a pre-application conference with the Department prior to formal submittal of a single land use permit application. Development projects involving multiple permit applications shall require a pre-application conference. This conference should take place prior to any substantial investment (e.g., land acquisition, site, engineering and construction plans, etc.) in the preparation of the proposed development project application. During the conference, the Department representative(s) shall inform the applicant of applicable General Plan policies, plans and requirements as they apply to the proposed development project, review the appropriate procedures outlined in this Code and examine possible alternatives or modifications relating to the proposed project. Preliminary environmental issues shall be identified and any further technical studies relating to future environmental review should be addressed.

Neither pre-application conference nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval/disapproval by the Department representative(s). Furthermore, the pre-application conference shall not be a consideration in determining whether the application is deemed complete, in compliance with State law (Government Code Section 65940 et seq.). A fee shall be imposed for the pre-application conference in compliance with the City's "Schedule of Fees."

The following provisions are intended to ensure that any initiation or re-establishment of a legally permitted use within a legally established (or a legal nonconforming) structure shall comply with all applicable provisions of the Municipal Code.

No vacant, altered, repaired or newly erected structure shall be occupied, or no change in use of land or structure(s) shall be inaugurated, until a Certificate of Compliance has been issued by the Department. An application for the certificate shall be on a form prescribed by the Director and shall be filed with the Department in compliance with Chapter 2 Article 22 (Applications and Fees).

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following articles:

The following provisions are intended to allow for the conduct of home enterprises that are incidental to and compatible with surrounding residential uses in compliance with requirements for renewable permits and operating standards as necessary to protect the health, safety and welfare of the City. A home enterprise represents a legal business enterprise conducted by a bona-fide occupant of the dwelling.

The Home Enterprise Permit and procedures assist in the purpose of improving legal opportunities to promote home-based occupations which may capitalize on the rapidly advancing telecommunications and computer technology that encourages and facilitates home office type work, as well as improve other legal self-employment and entrepreneurial opportunities for the residents of the City. Home-based work also contributes to the regional goals for reductions in vehicle trips and vehicle miles traveled that serves to improve air quality and relieve traffic congestion.

Written notice of any Home Enterprise Permit application approval shall be provided by the Director to the property owner. Commencement of the home enterprise use shall not begin until at least seven days after the approval and mailing of the notice of the Home Enterprise Permit.

The Director may revoke or modify a Home Enterprise Permit granted in compliance with the provisions of this chapter after notice and reasonable opportunity to comply. Notice shall be delivered in writing to the applicant and/or owner of the property for which the Home Enterprise Permit was granted.

A Home Enterprise Permit may be revoked or modified by the Director, if any one of the following findings can be made:

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:

The following provisions are intended to ensure the consistent interpretation and application of the provisions of this Code and the General Plan.

A written request for an interpretation of the provisions of this Code or the General Plan may be filed, together with all required fees, with the Department in compliance with Chapter 2 Article 22 (Applications and Fees). The request shall specifically state the Code/General Plan provision(s) in question and provide any information to assist in its review. The decision of the Director may only be appealed to the Commission. The decision of the Commission may be appealed to the Council.

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:

The purpose of this article is to provide a procedure by which certain specific temporary or short term uses or structures may be approved, but which may require special investigations or that certain conditions be attached in order to preserve the public peace, health, safety or general welfare of the City or its inhabitants. This article does not apply to or affect uses specifically regulated elsewhere in this Code.

The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit:

An application for a Temporary Use Permit, in a form approved by the Director, shall be submitted to the Director prior to the starting date of the requested use. The application shall be signed and verified by the applicant and include the following:

In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in compliance with Section 9-2.505 (Action on Application by Director). These conditions may address any pertinent factors affecting the operation of the activity, and may include, but are not limited to, the following:

Every person holding a permit issued shall keep the permit posted in a conspicuous place upon the licensed premises in open and clear view.

Whenever it is determined that an authorized activity is being or may be conducted in violation of the applicable conditions of approval, in violation of this Code or other applicable law or regulation, or is by the actual conduct of the activity, threatening the preservation of the public peace, health, safety or general welfare, or unreasonably interfering with the use and enjoyment of other property in the immediate vicinity of the activity, the Director may revoke or modify the permit by giving written notice to the permittee. The revocation or modification shall take effect immediately upon its service upon the permittee. The decision of the Director shall be final.

Any order of revocation or modification by the Director may be enforced pending appeal in compliance with Section 9-2.2310.

Fees for the processing of applications and issuing permits in compliance with this chapter shall be in compliance with the City's "Schedule of Fees."

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:

The following provisions are intended to specify a method where minor changes may be made to existing/previously approved land use entitlements/permits, while ensuring that no additional impact(s) or expansion of structure(s) or use(s) will occur.

The minor modification of a previously approved entitlement/permit requires the approval of the Director, who may establish additional conditions to further the purpose/intent of this article. An application for the minor modification shall be on a form prescribed by the Director and shall be filed with the Department in compliance with Article 22 of this chapter (Applications and Fees). Any modification request that exceeds the prescribed limitations outlined in this article shall require the filing of a new/modified application and a subsequent hearing by the appropriate Review Authority.

The Director may grant a minor adjustment to an approved entitlement/permit, if the adjustment shall achieve the same results as would strict compliance with the approved plans and conditions, governing only the following measurable development/site/operational considerations:

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:

The following provisions are intended to ensure that:

An application for a Minor Variance shall be filed in compliance with Article 22 of this chapter (Applications and Fees).

The Director may grant a Minor Variance, up to a maximum of 10% of the standards being modified, governing only the following measurable development/site considerations:

Each Minor Variance application shall be analyzed to ensure that the application is consistent with the purpose/intent of this article and the City's CEQA Guidelines. To ensure effective implementation of General Plan policies relating to design, each applicable Minor Variance shall be reviewed by the Director in compliance with this article prior to the final determination on the entitlement. Additionally, 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 Director.

State law does not require a public notice or hearing for the Director's action on a Minor Variance.

The Director shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with State law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The Director may instead defer action and refer the application to the Commission for a decision. The Director may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

The granting of a prior Minor Variance is not admissible evidence for the granting of a new Minor Variance.

The burden of proof to establish the evidence in support of the findings is the responsibility of the applicant.

In approving a Minor Variance, the Review Authority may impose conditions (e.g., buffers, landscaping and maintenance, performance guarantees, property maintenance, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9-2.706 (Findings), above.

A Minor Variance shall be exercised within one year from the date of approval or the Minor Variance shall become void.

The Director may grant time extensions not to exceed one-year increments. A time extension request shall be filed no later than 90 days after expiration and for good cause. Prior to granting an extension, the Director shall ensure that the Minor Variance complies with all current Code provisions. If granted, the Minor Variance shall be extended from the date of expiration.

No permit shall be issued for any use involved in an application for a Minor Variance until, and unless the same shall have become final, in compliance with Section 9-2.2309 (Effective Date).

The Director shall hold a public hearing to revoke or modify a Minor Variance granted in compliance with the provisions of this article. Fifteen days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the Minor Variance was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Los Angeles and/or the project applicant.

A Minor Variance may be revoked or modified by the Director if any one of the following findings can be made:

The applicant/owner may be required to provide adequate performance security in compliance with Section 9-2.2402 (Performance Guarantee Requirements) for the faithful performance of any/all conditions of approval imposed by the Director.

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:

The following provisions are intended to allow for activities/uses requiring a Minor Conditional Use Permit and which are so unique that their effect on the surrounding environment cannot be determined prior to being proposed for a particular location, and where condition may be imposed as deemed necessary in accordance with findings herein.

An application for a Minor Conditional Use Permit shall be filed in compliance with Article 22 of this chapter (Applications and Fees).

The following land use activities shall be allowable subject to the approval of a Minor Conditional Use Permit, in addition to those proposed land uses and activities identified by Chapter 4 (Zoning Districts) as being allowable in the applicable zoning district subject to the approval of a Minor Conditional Use Permit:

Each Minor Conditional Use Permit application shall be analyzed to ensure that the application is consistent with the purpose/intent of this article and the City's CEQA Guidelines. To ensure effective implementation of General Plan policies relating to design, each applicable Minor Conditional Use Permit shall be reviewed by the Director prior to the final determination on the entitlement. Additionally, 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 Director.

Upon receipt in proper form of a Minor Conditional Use Permit application and compliance with the City's CEQA Guidelines, a public hearing shall be set and notice of the hearing given in compliance with Article 23 of this chapter (Hearings and Appeals).

Following a hearing, the Director shall record the decision in writing and shall recite the findings upon which the decision is based. The Director may instead defer action and refer the application to the Commission for a decision. The Director may approve and/or modify a Minor Conditional Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:

In approving a Minor Conditional Use Permit, the Review Authority may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9-2.806 (Findings), above.

The Review Authority may impose a condition which requires subsequent review of the permit's continuing compatibility and condition compliance at specified time intervals.

No permit shall be issued for any use involved in an application for a Minor Conditional Use Permit until, and unless the same shall have become final, in compliance with Section 9-2.2309 (Effective Date).

A Minor Conditional Use Permit involving remodeling/construction shall be exercised within one year from the date of approval or the permit shall become void. If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of being exercised to the next phase's date of being exercised to have occurred, unless otherwise specified in the permit, or the permit shall become void.

The Director may grant time extensions not to exceed one-year increments. A time extension request shall be filed no later than 90 days after expiration and for good cause. Prior to granting an extension, the Director shall ensure that the Minor Conditional Use Permit complies with all current Code provisions. If granted, the Minor Conditional Use Permit shall be extended from the date of expiration.

An approved Minor Conditional Use Permit may be modified in compliance with Article 22 of this chapter (Applications and Fees). Minor modifications to an approved permit may be approved by the Director in compliance with Article 6 of this chapter (Minor Modifications).

The Director shall hold a hearing to revoke or modify a Minor Conditional Use Permit granted in compliance with the provisions of this article. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the Minor Conditional Use Permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Los Angeles and/or the project applicant.

A Minor Conditional Use Permit may be revoked or modified by the Director if any one of the following findings can be made:

A Minor Conditional Use Permit granted in compliance with the provisions of this article shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. The new owner/operator shall file for, and receive approval of, a Certificate of Compliance and agree, in writing, to all applicable conditions and operating standards prior to reuse/reopening under the new ownership.

A Minor Conditional Use Permit granted in compliance with the provisions of this article may be conditioned to impose a specified time limit in which to operate. The Director may, upon an application being filed 30 days prior to expiration and for good cause, grant appropriate time extension(s). In granting subsequent time extensions, the Director may amend existing conditions or impose new conditions to ensure that the subject use continues to operate in compliance with the purpose/intent of this article and the General Plan.

The applicant/owner may be required to provide adequate performance security in compliance with Section 9-2.2402 (Performance guarantee requirements) for the faithful performance of any/all conditions of approval imposed by the Director.

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:

The following provisions are intended to ensure that:

An application for a Variance shall be filed in compliance with Article 22 of this chapter (Applications and Fees).

The Commission may grant a Variance from the requirements of this Code. Examples include, but are not limited to, the following matters:

Each Variance application shall be analyzed to ensure that the application is consistent with the purpose/intent of this article and the City's CEQA Guidelines. To ensure effective implementation of General Plan policies relating to design, each applicable Variance shall be reviewed by the Director prior to determination by the Commission. Additionally, 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 Commission.

Upon receipt in proper form of a Variance application and compliance with the City's CEQA Guidelines, a public hearing shall be set and notice of the hearing given in compliance with Article 23 of this chapter (Hearings and Appeals).

Following a public hearing, the Commission shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with State law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The Commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

The granting of a prior Variance is not admissible evidence for the granting of a new Variance.

The burden of proof to establish the evidence in support of the findings is the responsibility of the applicant.

In approving a Variance, the Review Authority may impose conditions (e.g., buffers, landscaping and maintenance, off-site improvements, performance guarantees, property maintenance, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9-2.906 (Findings), above.

A Variance shall be exercised within one year from the date of approval or the Variance shall become void.

The Commission may grant time extensions not to exceed one-year increments. A time extension request shall be filed no later than 90 days after expiration and for good cause. Prior to granting an extension, the Commission shall ensure that the Variance complies with all current Code provisions. If granted, the Variance shall be extended from the date of expiration.

No permit shall be issued for any use involved in an application for a Variance until, and unless the same shall have become final, in compliance with Section 9-2.2309 (Effective Date).

The Commission may hold a public hearing to revoke or modify a Variance granted in compliance with the provisions of this chapter. Fifteen days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the Variance was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Los Angeles and/or the project applicant.

A Variance may be revoked or modified by the Commission if any one of the following findings can be made:

The applicant/owner may be required to provide adequate performance security in compliance with Section 9-2.2402 (Performance guarantee requirements) for the faithful performance of any/all conditions of approval imposed by the Commission.

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:

The following provisions are intended to provide flexibility in site planning/property development while protecting the integrity and character of the residential, commercial, and industrial areas of the City and ensuring consistency with the General Plan. At the time of application submittal, a review of the configuration, design, location, and impact of the proposed use shall be conducted by comparing the use to established development/site standards. This review shall determine whether the permit should be approved by weighing the public need for and the benefit(s) to be derived from the proposed use, against the potential negative impacts it may cause.

An application for a Development Permit shall be filed in compliance with Article 22 of this chapter (Applications and Fees).

Approval of a Development Permit shall be required under the following circumstances:

The final review authority for Development Permits shall be as follows:

Following a hearing, if required, the review authority (as outlined in Table II-2) shall record the decision in writing and shall recite the findings upon which the decision is based. The review authority may approve, modify, or deny a Development Permit in whole or in part and shall impose specific development conditions if approved. These conditions shall relate to both on-and off-site improvements that are necessary to accommodate flexibility in site planning/property development, mitigate project-related adverse impacts and to carry out the purpose/intent and requirements of the respective zoning district and General Plan goals and policies.

In approving a Development Permit, the review authority may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9-2.1007 (Findings) of this article.

Unless otherwise specified, within one year of Development Permit approval, exercising the entitlement, in compliance with Section 9-2.2403 (Exercising the entitlement) shall have occurred or the permit shall become void. Additionally, if after exercising the entitlement, work is discontinued for a period of one year, then the permit shall become void.

If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of exercising the entitlement to the next phase's date of exercising the entitlement to have occurred, unless otherwise specified in the permit, or the permit shall become void. If the application for the Development Permit also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised prior to the expiration of the companion tentative map.

The review authority may grant time extensions not to exceed one-year increments. A time extension request shall be filed no later than 90 days after expiration and for good cause. Prior to granting an extension, the review authority shall ensure that the Development Permit complies with all current Code provisions. If granted, the Development Permit shall be extended from the date of expiration.

No permit shall be issued for any use involved in an application for a Development Permit until, and unless the same shall have become final, in compliance with Section 9-2.2309 (Effective Date).

An approved Development Permit may be modified in compliance with Article 22 of this chapter (Applications and Fees). Minor modifications to an approved permit may be approved by the Director in compliance with Article 6 of this chapter (Minor Modifications).

The review authority shall hold a hearing to revoke or modify a Development Permit granted in compliance with this chapter. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the Development Permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Los Angeles and/or the project applicant.

A Development Permit may be revoked or modified by the review authority if any one of the following findings can be made:

The development project's applicant/owner may be required to provide adequate performance security in compliance with Section 9-2.2402 (Performance guarantee requirements) for the faithful performance of any/all conditions of approval imposed by the review authority.

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:

The following provisions are intended to allow for activities/uses requiring a Conditional Use Permit and which are so unique that their effect on the surrounding environment cannot be determined prior to being proposed for a particular location. At the time of application, a review of the configuration, design, location and potential impact of the proposed activity/use shall be conducted by comparing it to established development/site standards. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit(s) to be derived from the proposed use, against the potential negative impacts it may cause.

An application for a Conditional Use Permit shall be filed in compliance with Article 22 of this chapter (Applications and Fees).

Each Conditional Use Permit application shall be analyzed to ensure that the application is consistent with the purpose/intent of this article and the City's CEQA Guidelines. To ensure effective implementation of General Plan policies relating to design, each applicable Conditional Use Permit shall be reviewed by the Director prior to determination by the Commission. Additionally, 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 Commission.

Upon receipt in proper form of a Conditional Use Permit application and compliance with the City's CEQA Guidelines, a public hearing shall be set and notice of the hearing given in compliance with Article 23 of this chapter (Hearings and Appeals).

Following a hearing, the Commission shall record the decision in writing and shall recite the findings upon which the decision is based. The Commission may approve and/or modify a Conditional Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made:

In approving a Conditional Use Permit, the Review Authority may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 9-2.1105 (Findings) of this article.

The Commission may impose a condition that requires subsequent review of the permit's continuing compatibility and condition compliance at specified time intervals.

No permit shall be issued for any use involved in an application for a Conditional Use Permit until, and unless the same shall have become final, in compliance with Section 9-2.2309 (Effective Date).

A Conditional Use Permit shall be exercised within one year from the date of approval or the permit shall become void. For uses that require new construction, exercising the entitlement, in compliance with Section 9-2.2403 (Exercising the entitlement) shall have occurred within one year or the permit shall become void. Additionally, if after exercising the entitlement, work is discontinued for a period of one year, then the permit shall become void.

If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of exercising the entitlement to the next phase's date of exercising the entitlement to have occurred, unless otherwise specified in the permit, or the permit shall become void. If the application for the Conditional Use Permit also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised prior to the expiration of the companion tentative map.

The Commission may grant time extensions not to exceed one-year increments. A time extension request shall be filed no later than 90 days after expiration and for good cause. Prior to granting an extension, the Commission shall ensure that the Conditional Use Permit complies with all current Code provisions. If granted, the Conditional Use Permit shall be extended from the date of expiration.

An approved Conditional Use Permit may be modified in compliance with Article 22 of this chapter (Applications and Fees). Minor modifications to an approved permit may be approved by the Director in compliance with Article 6 of this chapter (Minor Modifications).

The Commission may hold a hearing to revoke or modify a Conditional Use Permit granted in compliance with the provisions of this chapter. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the Conditional Use Permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Los Angeles and/or the project applicant.

A Conditional Use Permit may be revoked or modified by the Commission if any one of the following findings can be made:

A Conditional Use Permit granted in compliance with the provisions of this article shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit. The new owner/operator shall file for, and receive approval of, a Certificate of Compliance and agree, in application writing, to all applicable conditions and operating standards prior to reuse/reopening under the new ownership.

A Conditional Use Permit granted in compliance with the provisions of this article may be conditioned to impose a specified time limit in which to operate. The Commission may, upon an application being filed 30 days prior to expiration and for good cause, grant appropriate time extension(s). In granting subsequent time extensions, the Commission may amend existing conditions or impose new conditions to ensure that the subject use continues to operate in compliance with the purpose/intent of this article and the General Plan.

The applicant/owner may be required to provide adequate performance security in compliance with Section 9-2.2402 (Performance Guarantee Requirements) for the faithful performance of any/all conditions of approval imposed by the Commission.

All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles: