La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
43 CONDITIONAL USE PERMITS
§ 11.43.010 Conditional use defined.
A "conditional use," as defined by this code, means a use which:
A.
Because of characteristics peculiar to it; or
B.
Because of size, technological process or type of equipment; or
C.
Because of the location with reference to surroundings, street or highway width, traffic generation or other demands upon public facilities; requires special consideration relative to placement at specific locations in the zone or zones where classified to insure proper integration with other existing or permitted uses in the same zone or zones.
(LACC Ord. 1494 § 501.1, 1974)
§ 11.43.020 Filing of application.
Any person desiring a conditional use permit required by or provided for in this code may file an application with the director except that no application shall be filed or accepted if final action has been taken within one year prior thereto by either the commission or city council on an application requesting the same, or substantially the same permit.
(LACC Ord. 1494 § 501.2, 1974; Ord. 11 § 2, 1977)
§ 11.43.030 Contents of application.
An application for a conditional use permit shall contain the following information, unless waived by the director:
A.
A project application form and supplemental application for the conditional use permit, including a description of the proposed project, the proposed zone category, a statement of how the request meets the required conditional use permit findings and an original signature of the property owner;
B.
An initial study questionnaire for environmental review;
C.
A map depicting all properties within 300 feet (for residential properties and for commercial properties with lot area 30,000 square feet or less) or 500 feet (for commercial properties with lot area greater than 30,000 square feet) of the project site. A list of the names and addresses of all current owners of these depicted properties, and two sets of envelope labels for these property owners. A notice list affidavit is also required;
D.
A vicinity map depicting all properties within 500 feet of the project site, and indicating their land uses;
E.
Site plan at a scale of one inch equals 20 feet or larger (or as otherwise approved by the director) and including the following:
1.
Location of lot lines, streets (with street names), easements and all structures ()existing and proposed),
2.
Slopes, contours, trees and other pertinent physical features,
3.
All exterior building dimensions, setbacks,
4.
Locations, use and approximate distance from property line of the nearest structures on all properties abutting the project site,
5.
Vehicle circulation and parking area, including dimensions of drive aisles and parking space,
6.
All exterior lighting, existing and proposed;
F.
Building elevations at a scale of one inch equals eight feet or larger (or as otherwise approved by the director) and including the following:
G.
Floor plans at a scale of one inch equals eight feet or larger (or as otherwise approved by the director) and including the following:
H.
A reduced transparency (size eight and one-half inches by 11 inches) for each plan sheet (site plan, floor plan and elevations);
I.
Color and materials board;
J.
Certificate of water availability;
K.
Property owners affidavit;
L.
Application fee, as established by the current fee schedule adopted by the city council.
(LACC Ord. 1494 § 501.3, 1974; Ord. 11 § 2, 1977)
§ 11.43.040 Burden of proof.
In addition to the information required in the application by Section 11.43.030, the applicant shall substantiate to the satisfaction of the zoning board and/or the commission the following facts:
A.
That the requested use at the location proposed will not:
1.
Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or
2.
Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or
3.
Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
B.
That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this code, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and
(LACC Ord. 1494 § 501.4, 1974)
§ 11.43.050 Fees required.
When an application is filed, it shall be accompanied by the filing fee and deposit as required in LACC Ord. 1494, Section 621.
(LACC Ord. 1494 § 501.5, 1974)
§ 11.43.070 Hearing.
In all cases where an application for a conditional use permit is filed and the commission does not grant a request for ex parte consideration, the zoning board shall hold a public hearing unless the commission determines to and itself holds a public hearing. In either case, the public hearing shall be held pursuant to the procedure provided in LACC Ord. 1494, Article 7 of Chapter 5.
(LACC Ord. 1494 § 501.7, 1974)
§ 11.43.080 Findings and decision.
The zoning board may recommend approval and the commission may approve an application for a conditional use permit where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
A.
That the proposed use will not be in substantial conflict with the adopted general plan for the area. Where no general plan has been adopted, this subsection shall not apply;
B.
That the requested use at the location proposed will not:
1.
Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or
2.
Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or
3.
Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and
C.
That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this code, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and
E.
That the proposed project preserves the existing scale and character of the surrounding neighborhood and protects public views, and aesthetic values in the neighborhood.
The commission shall deny the application where the information submitted by the applicant and/or presented at public hearing fails to substantiate such findings to the satisfaction of the commission. |
(LACC Ord. 1494 § 501.9, 1974; Ord. 171 § 1, 1989)
§ 11.43.090 Adequate water supply.
If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted without a conditional use permit in the same zone and will not comply with the provisions of LACC Ordinance No. 7834, such facts shall be prima facie evidence that such requested use will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 11.43.080. If the water appeals board grants a variance pursuant to any provision of Article 4 of Chapter 1 of LACC Ordinance No. 7834, permitting the proposed use with the existing or proposed water supply, this section shall not apply.
(LACC Ord. 1494 § 501.11, 1974)
§ 11.43.100 Conditions for issuance.
The commission, in approving an application for a conditional use permit, may impose such conditions as it deems necessary to insure that such use will be in accord with the findings required by Section 11.43.080. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:
A.
Special yards, open spaces and buffer areas;
B.
Fences and walls;
C.
Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards;
D.
Street and highway dedications and improvements including sidewalks, curbs and gutters;
E.
Water supply and fire protection in accordance with the provisions of LACC Ordinance No. 7834;
F.
Landscaping and maintenance of grounds;
G.
Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;
H.
Regulation of operating hours for activities affecting normal neighborhood schedules and functions;
I.
Regulation of signs including outdoor advertising;
J.
A specified validation period limiting the time in which development may begin;
K.
Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date;
L.
A site plan indicating all details and data as prescribed in this code;
M.
Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the general plan and the intent and purpose of this code.
The commission may also approve the requested permit contingent upon compliance with applicable provisions of other ordinances. |
(LACC Ord. 1494 § 501.12, 1974)
§ 11.43.110 Expiration where not used.
A permit issued on or after January 21, 1937, which is not used within the time specified in such permit, or, if no time is specified, within one year after the granting of the permit, becomes null and void and of no effect except:
A.
That in all cases the commission may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date;
B.
That in the case of a permit for a publicly owned use no time limit shall apply to utilization of such permit, provided that the public agency:
1.
Within one year of the date of such approval, either acquires the property involved or commences legal proceedings for its acquisition, and
2.
Immediately after the acquisition of, or the commencement of legal proceedings for the acquisition of the property, posts such property with signs, having an area of not less than 20 square feet nor more than 40 square feet in area per face indicating the agency and the purpose for which it is to be developed. One such sign shall be placed facing and located within 50 feet of each street, highway or parkway bordering the property. Where the property in question is not bounded by a street, highway or parkway, the agency shall erect one sign facing the street, highway or parkway nearest the property.
A conditional use permit shall be considered used within the intent of this section when construction or other development authorized by such permit has commenced that would be prohibited in the zone if no permit had been granted. |
(LACC Ord. 1494 § 501.17, 1974)
§ 11.43.120 Date of grant where appealed.
Where an appeal is filed relative to any conditional use permit, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date.
(LACC Ord. 1494 § 501.18, 1974; Ord. 11 § 2, 1977)
§ 11.43.130 Cessation of use.
A conditional use permit granted by action of the commission, shall automatically cease to be of any force and effect if the use for which such conditional use permit was granted has ceased or has been suspended for a consecutive period of two or more years.
(LACC Ord. 1494 § 501.19, 1974)
§ 11.43.140 Nuisances prohibited.
Neither the provisions of this chapter nor the granting of any permit provided for in this chapter authorizes or legalizes the maintenance of any public or private nuisance.
(LACC Ord. 1494 § 501.20, 1974)
§ 11.43.150 Applicability of regulations in the zone.
Unless specifically modified by a conditional use permit, all regulations prescribed in the zone in which such conditional use permit is granted shall apply.
(LACC Ord. 1494 § 501.22, 1974)
§ 11.43.160 Continuing validity.
A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this code, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land.
(LACC Ord. 1494 § 501.23, 1974)