32 - VARIANCES, CONDITIONAL USE PERMITS, NONCONFORMING USES, DIRECTOR'S REVIEW
Editor's note— Ord. No. 1070, Exh. A, adopted Jan. 14, 2020, repealed the former Art. VII, §§ 17.32.830—17.32.880, and enacted a new Art. VII as set out herein. The former Art. VII pertained to similar subject matter and derived from Prior zoning ord. §§ 509.1—509.6; Ord. 651 § 9, adopted 1993; Ord. 900 § 8, adopted 2008.
A conditional use as defined by this title 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, required 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.
(Prior zoning ord. § 501.1)
Any person desiring a conditional use permit required by or provided for in this title 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.
(Prior zoning ord. § 501.2)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
An application for a conditional use permit shall contain the following information:
A.
Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B.
Evidence that the applicant:
1.
Is the owner of the premises involved, or
2.
Has written permission of the owner or owners to make such application, or
3.
Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4.
In the case of a public agency, is negotiating to acquire a portion of the premises involved;
C.
Location of subject property (address or vicinity);
D.
Legal description of the property involved;
E.
The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used;
F.
Indicate the nature, condition and development of adjacent uses, buildings and structures; and
G.
Provide a site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director indicating:
1.
The area and dimensions of proposed site for the requested use,
2.
The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features;
H.
Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;
I.
Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;
J.
With each application the applicant shall also file:
1.
Maps in the number prescribed and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of such proposed use,
2.
One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 700 foot radius,
3.
A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the area actually to be occupied by the use. One copy of said map shall indicate where such ownership are located,
4.
Proof satisfactory to the director that water will be available in quantities and pressures required by said Ordinance No. 7834, the Water Ordinance, or by a variance granted pursuant to said Ordinance No. 7834. The director may accept as such proof a certificate from the person who is to supply water that he can supply water as required by said Ordinance No. 7834, also stating the amount and pressure, which certificate also shall be signed by the forester and fire warden, or a certificate from the county engineer that such water will be available,
5.
The director may waive the filing of one or more of the above items;
K.
Such other information as the director may require.
The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.
(Prior zoning ord. § 501.3)
In addition to the information required in the application by Section 17.32.030, the applicant shall substantiate to the satisfaction of 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 title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and
C.
That the proposed site is adequately served:
1.
By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and
2.
By other public or private service facilities as are required.
(Prior zoning ord. § 501.4)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
When an application is filed, it shall be accompanied by the filing fee required by resolution of the city council.
(Prior zoning ord. § 501.5)
The commission may recommend denial, and the commission may deny, without a public hearing, an application for a conditional use permit if such application does not contain the information required by Sections 17.32.030 and 17.32.040. The commission may permit the applicant to amend such application.
(Prior zoning ord. § 501.6)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
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 commission shall hold a public hearing pursuant to the procedure provided in this chapter.
(Prior zoning ord. § 501.7)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Where the commission finds that the use requested, subject to such conditions as it deems necessary, will comply with the findings required by Section 17.32.090, it may grant such permit without a public hearing except that:
A.
This section does not apply to an application for the following:
1.
Airports;
2.
Amusement and entertainment enterprises and concessions, including all structural devices and contrivances designed and operated for patron participation and pleasure;
3.
Primary or incidental alcohol sales establishments as defined under Chapter 17.42;
4.
Circus winter quarters;
5.
Colleges and universities;
6.
Communication equipment buildings;
7.
Correctional institutions;
8.
Day nurseries;
9.
Earth stations;
10.
Electrical distribution substations;
11.
Electric transmission substations;
12.
Electric generating plants;
13.
Golf courses including the customary clubhouse and appurtenant facilities;
14.
Golf driving ranges;
15.
Guest ranches;
16.
Heliports;
17.
Helistops;
18.
Hospitals;
19.
Institutions for the aged, private;
20.
Institutions for children, private;
21.
Juvenile halls;
22.
Land reclamation projects;
23.
Landing strips;
24.
Mobilehome parks;
25.
Motor recreational facilities for the driving, testing and racing of automobiles, dune buggies, motorcycles, trail bikes or similar vehicles including appurtenant facilities in conjunction therewith;
26.
Nudist camps;
27.
Oil wells;
28.
Outdoor festivals;
29.
Parking buildings;
30.
Public utility service centers;
31.
Race tracks;
32.
Radio and television stations and towers;
33.
Recreation clubs, private;
34.
Rifle, pistol, skeet or trap ranges;
35.
Sewage treatment plants.
(Ord. 896 § 1 (Exh. A § 26), 2008; prior zoning ord. § 501.8)
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 title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and
D.
That the proposed site is adequately served:
1.
By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and
2.
By other public or private service facilities as are required.
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.
(Prior zoning ord. § 501.9)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The building bulk provisions prescribed in the various zones shall not apply to uses permitted by conditional use permit. In granting a conditional use permit, the commission shall prescribe the height limit, maximum lot coverage, or floor-area ratio for the use approved. Where the commission fails to specify said height limit, maximum lot coverage, or floor-area ratio, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified.
(Prior zoning ord. § 501.10)
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 said 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 17.32.090. If the water appeals board grants a variance pursuant to any provision of Article 4 of Chapter 1 of said Ordinance No. 7834, permitting the proposed use with the existing or proposed water supply, this section shall not apply.
(Prior zoning ord. § 501.11)
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 17.32.090. 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 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 title;
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 title.
The commission may also approve the requested permit contingent upon compliance with applicable provisions of other ordinances.
(Prior zoning ord. § 501.12)
A person shall not engage in project grading in any zone if such project grading requires the removal from, or importation to, a lot or parcel land of more than 10,000 cubic yards of dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material if more than 20 occupied dwelling units in one-family, two-family, or multiple structures, or in occupied mobilehomes within a mobilehome park, or any combination thereof, or if a hospital or accredited public or private school offering instruction required to be taught in the public schools by the Education Code of the state of California are located within a parallel corridor 300 feet wide on each side of and measured from the edge of the existing right-of-way of the streets or highways forming the proposed transport route, and within a distance equal to the extent of such route, or within a distance of 2,640 feet, whichever is less, measured from the proposed point of access to such project unless:
A.
If not more than 100,000 cubic yards of material is to be moved, such person either:
1.
Obtains a conditional use permit; or
2.
Submits a site plan to the director, who approves the plan upon finding that the proposed use will comply with the requirements of this section and Section 17.32.140. The director may approve the plan which approval shall be valid for the time stated by the director. If no time is stated such approval shall be good for one year. If the director or county engineer finds that there is good cause shown, and that the applicant in moving of material pursuant to such approval has not violated this or any other ordinance or statute, he may extend the duration of such approval for not more than one year if the applicant files a request for such extension prior to the expiration of his original approval. Only one extension may be granted.
B.
Where more than 100,000 cubic yards of material are to be moved, such person obtains a conditional use permit.
(Prior zoning ord. § 501.13)
Project grading subject to the provisions of Section 17.12.130 shall comply with the following requirements:
A.
A grading permit, when required, shall first be obtained as provided in said Ordinance 2225 (Building Code), before the commencement of any project grading.
B.
The application to the director or for a conditional use permit as the case may be shall contain statements setting forth the following information:
1.
The names and addresses of all persons owning all or any part of the property from which such material is proposed to be removed from and transported to;
2.
The names and addresses of the person or persons who will be conducting the operations proposed;
3.
The ultimate proposed use of the lot or parcel of land;
4.
Such other information as the director finds necessary in order to determine whether the application should be granted;
5.
In the case of an application for a conditional use permit the information required by Section 17.32.030.
C.
The applicant shall submit a map showing in sufficient detail the location of the site from which such material is proposed to be removed, the proposed route over streets and highways, and the location to which such material is to be imported.
D.
All hauling as approved under this section shall be restricted to a route approved by the road commissioner.
E.
Compliance shall be made with all applicable requirements of other county departments and other governmental agencies.
F.
If any condition of this section is violated, or if any law, statute or ordinance is violated, the privileges granted herein shall lapse and such approval shall be suspended.
G.
Neither the provisions of this section nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of a public or private nuisance.
(Prior zoning ord. § 501.14)
A conditional use permit shall not be required pursuant to Section 17.32.130 if such use is in conjunction with:
A.
Any work of construction or repair by the county or city, or any district of which the board of supervisors of the county is ex officio the governing body; or
B.
Construction or repair by the county or city or such district performed by force account; or
C.
Construction, maintenance or repair of any "state water facilities" as defined in Section 12934 of the State Water Code.
(Prior zoning ord. § 501.15)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Premises in any zone may be temporarily used for uses necessary to the prosecution of any war in which the United States may be engaged, if a conditional use permit for such use is granted pursuant to the provisions of this title, and provided:
A.
That the United States is at war declared by the Congress of the United States and engaged in actual physical hostilities; and
B.
That such permit shall expire not later than 6 months after the cessation of such physical hostilities.
As used in the section, "cessation of physical hostilities" means a date comparable to November 11, 1918, or August 15, 1945.
(Prior zoning ord. § 501.16)
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.
Except as provided in Section 17.32.175, an approved conditional use permit shall expire twenty-four (24) months from the date of planning commission or city council approval. Conditional use permits may be granted time extensions prior to the expiration of the project not to exceed three one-year extensions. Any extension granted shall be conditioned to comply with the city's current design guidelines as adopted by the city council, unless the applicant can demonstrate to the planning commission's satisfaction that such compliance will impose an undue hardship on the project. The applicant is required to file for an extension sixty (60) days prior to such expiration date.
B.
That in the case of a permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand, or gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material, no time limit shall apply to utilization of such permit if within such year or such other time the property is posted and remains posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant";
C.
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 two years 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 of 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.
(Prior zoning ord. § 501.17)
(Ord. No. 924, § 1, 8-25-09; Ord. No. 995, § 2, 12-10-13)
A conditional use permit approved in conjunction with a tentative map shall have the same expiration date as the approved tentative map or any extension of the map, unless a specific expiration date is specified in the approval of the conditional use permit.
(Ord. No. 995, § 1, 12-10-13)
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.
(Prior zoning ord. § 501.18)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
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 2 or more years. This provision shall not apply to permits granted for alcohol sales establishments pursuant to Chapter 17.42, which shall be subject to the requirements of Section 17.42.130.
(Ord. 896 § 1 (Exh. A § 27), 2008; prior zoning ord. § 501.19)
Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance.
(Prior zoning ord. § 501.20)
The decision of the commission shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Prior zoning ord. § 501.21)
Unless specifically modified by a conditional use permit, all regulations prescribed in the zone in which such conditional use permit is granted shall apply.
(Prior zoning ord. § 501.22)
A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this title, 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.
(Prior zoning ord. § 501.23)
The sign provisions prescribed in residential zones shall not apply to uses granted by conditional use permit. In granting a conditional use permit, the commission may approve signing which it deems appropriate for such use provided, however, that no sign or signs may be authorized that would exceed a sign area of 25 square feet or a total sign area of 50 square feet or a height of 12 feet in residential zones or exceed 100 square feet of sign area or 200 square feet of total sign area in commercial zones, except as otherwise provided in the CPD zone. Where the commission fails to specifically approve such signs, those provisions applicable to principal permitted uses in the specific zone in which the use is located shall be deemed to have been specified.
(Prior zoning ord. § 501.24)
The variance procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title, develop through the strict literal interpretation and enforcement of such provisions. A variance may be granted to permit modification of:
A.
Building line setbacks, yards, open space and buffer areas;
B.
Height, lot coverage, density and bulk regulations;
C.
Off-street parking spaces, maneuvering areas and driveway width, and paving standards;
D.
Landscaping requirements;
E.
Wall, fencing and screening requirements;
F.
Street and highway dedication and improvement standards;
G.
Lot area, depth, and width requirements;
H.
Operating conditions such as hours of days of operation, number of employees, and equipment limitations;
I.
Sign regulations other than outdoor advertising.
(Prior zoning ord. § 502.1)
Any person desiring any permit required by or provided for in this title, may file an application therefor 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.
(Prior zoning ord. § 502.2)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
An application for a variance shall contain the information required by Section 17.32.030.
(Prior zoning ord. § 502.3)
In addition to the information required in the application by Section 17.32.270, the applicant shall substantiate to the satisfaction of the commission the following facts:
A.
That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification; and
B.
That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone; and
C.
That the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone.
(Prior zoning ord. § 502.4)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.
(Prior zoning ord. § 502.5)
The commission may deny, without a public hearing, an application of a variance if such application does not contain the information required by Sections 17.32.270 and 17.32.280. The commission may permit the applicant to amend such application.
(Prior zoning ord. § 502.6)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
In all cases where an application is filed for a variance the commission shall hold a public hearing pursuant to the procedure provided by Article V of this chapter.
(Prior zoning ord. § 502.7)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The commission may approve an application for a variance where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
A.
That because of special circumstances or exceptional characteristics applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and
B.
That the adjustment authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and
C.
That strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards; and
D.
That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.
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.
(Prior zoning ord. § 502.8)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
If it appears that the variance requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a variance, and will not comply with the provisions of said Ordinance No. 7834, such facts shall be prima facie evidence that such requested variance will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 17.32.320.
(Prior zoning ord. § 502.9)
The commission in approving an application for a variance may impose such conditions as it deems necessary to insure that the adjustment will be in accord with the findings required by Section 17.32.320. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested, including, but not limited to those specified in Section 17.32.360.
(Prior zoning ord. § 502.10)
A variance which is not used within the time specified in such variance, or, if no time is specified, within one year after the granting of the variance, 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. In the case of a nonprofit corporation organized to provide low-income housing for the poor or elderly, the commission may grant an additional one-year extension provided that an application requesting such extension is filed prior to the expiration of the first such extension.
B.
That in the case of an exception granted prior to November 23, 1970, for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material, no time limit shall apply to utilization of such exception if within such year or such other time the property is posted and remains posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice stating in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant."
(Prior zoning ord. § 502.11)
Where an appeal is filed relative to any variance, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date.
(Prior zoning ord. § 502.12)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance.
(Prior zoning ord. § 502.13)
The decision of the commission shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Prior zoning ord. § 502.14)
Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply.
(Prior zoning ord. § 502.15)
A variance that is valid and in effect, and was granted pursuant to the provisions of this title, 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.
(Prior zoning ord. § 502.16)
The adjustment procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties or results inconsistent with the general purposes of this title develop through the strict literal interpretation and enforcement of such provisions. An adjustment may be granted to permit modification of:
A.
Building height, lot coverage, and FAR limitations, with an increase up to 25%;
B.
Wall, fence, and screening height limitations, with an increase up to 25%;
C.
Corner lot width requirements, which may be reduced to the minimum established for an interior lot under the subject zoning designation;
D.
Setbacks, with a reduction up to 25%, so long as the resulting setback is sufficient for fire safety;
E.
Sign regulations other than those applicable to off-site signs.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Any person desiring any permit required by or provided for in this title, may file an application therefor 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.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
An application for an adjustment shall contain the information:
A.
Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B.
Evidence that the applicant:
1.
Is the owner of the premises involved, or
2.
Has written permission of the owner or owners to make such application, or
3.
Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4.
In the case of a public agency, is negotiating to acquire a portion of the premises involved;
C.
Location of subject property (address or vicinity);
D.
Legal description of the property involved;
E.
The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used;
F.
Indicate the nature, condition and development of adjacent uses, buildings and structures; and
G.
Provide a site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director indicating:
1.
The area and dimensions of proposed site for the requested use,
2.
The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features;
H.
Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;
I.
Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;
J.
Project Notice. A notice for an adjustment permit shall be mailed 10 calendar days before the scheduled action to the following, unless stated otherwise in this code:
1.
Owner(s) and applicant;
2.
All owners of property located adjacent to the exterior boundaries of the subject site, as shown on the county's last equalized assessment roll. If the project site abuts a street, all property owners on the other side of the street shall be mailed the notice. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall be mailed the notice;
3.
Persons Requesting Notice. A person who has filed a written request for notice with the director of development services within one year prior to the action.
4.
The development services director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the project.
K.
Such other information as the director may require.
The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The director may deny an application of an adjustment if such application does not contain the information required by Sections 17.32.430 and 17.32.440. The director may permit the applicant to amend such application.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The director may approve an application for an adjustment where the information submitted by the applicant substantiates the following findings:
A.
The adjustment will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity with the same zoning.
B.
The adjustment is not detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located.
C.
The adjustment is generally consistent with surrounding development and general plan and zoning designations.
Any reduction or increase greater than those specified in Section 17.32.410 shall require a variance. The director shall deny the application where the information submitted by the applicant fails to substantiate such findings to the satisfaction of the director.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The director in approving an application for an adjustment may impose such conditions as they deem necessary to ensure that the adjustment will be in accord with the findings required by Section 17.32.460. Conditions imposed by the director may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such adjustment is requested.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
An adjustment which is not used within the time specified in such adjustment, or, if no time is specified, within two years after the granting of the adjustment, becomes null and void and of no effect except in all cases the director 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.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Where an appeal is filed relative to any adjustment, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The decision of the director shall become final and effective 10 working days after the director's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Unless specifically modified by an adjustment, all regulations prescribed in the zone in which such adjustment is granted shall apply.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
An adjustment that is valid and in effect, and was granted pursuant to the provisions of this title, 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.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
A.
The terms "explosive" and "explosives" whenever used in this title shall mean any substance or combination of substances that is commonly used for the purpose of detonation and which, upon exposure to any external force or condition, is capable of a relatively instantaneous release of gas and heat. These terms shall include, but shall not necessarily be limited to, all of the following:
1.
Substances determined to be Class A and Class B explosives as classified by the United States Department of Transportation;
2.
Nitrocarbonitrate substances (blasting agent) as classified by the United States Department of Transportation;
3.
Any material designated as an explosive by the State Fire Marshal;
4.
Certain Class C explosives as designated by the United States Department of Transportation when listed in regulations adopted by the State Fire Marshal.
B.
The terms "explosive" and "explosives" whenever used in this title shall not include the following:
1.
Small arms ammunition of .75 caliber or less when designated as a Class C explosive by the United States Department of Transportation;
2.
Fireworks regulated under Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code.
(Prior zoning ord. § 505.1)
No quantity of explosives other than gunpowder in excess of 100 pounds, or gunpowder in excess of 750 pounds, shall be stored or kept in any place, house or building in the county of Los Angeles without a permit therefor from the commission and unless said explosives are contained in a magazine situated, constructed, operated and maintained in the manner described in Part 1 of Division 11 of the Health and Safety Code.
(Prior zoning ord. § 505.2)
Any person proposing to store or keep any quantity of gunpowder in excess of 750 pounds or any other explosives in excess of 100 pounds in any place, house or building in the unincorporated territory of the county of Los Angeles shall file application for a permit with the director, accompanied by the filing fee as required by resolution of the city council. Such application shall also verify that the applicant has submitted such data as is required by the county forester and fire warden.
(Prior zoning ord. § 505.3)
If the application is for a permit to store explosives for not more than 3 months and there is no permit in force for that location, the commission may grant the permit without a public hearing provided:
A.
That the applicant has submitted such data as is required to the county forester and fire warden for approval prior to consideration by the commission; and
B.
That said county forester and fire warden has indicated his approval in writing stating that such explosives may be safely stored at the proposed location.
(Prior zoning ord. § 505.5)
Unless an application is approved pursuant to Section 17.32.590 the commission shall hold a public hearing.
(Prior zoning ord. § 505.6)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The director shall immediately notify the county forester and fire warden of every application for a permit to keep or store explosives. Where a public hearing is to be held the director shall notify the county forester and fire warden of the time and place thereof.
(Prior zoning ord. § 505.7)
The county forester and fire warden, within 10 days after receipt of a copy of the application for a permit, shall furnish to the commission a report thereon as to whether or not in his opinion explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.
(Prior zoning ord. § 505.8)
At the time and place fixed for the hearing on the application the commission shall hear the same and any protests thereto, and upon the evidence and other matters brought to its attention during hearing, including the report of the county forester and fire warden, may approve such permit where the findings indicate that explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.
Where no hearing is required, the commission shall make similar findings based upon its investigation or the investigation of its staff, and upon the report of the county forester and fire warden, of the place where it is proposed to keep the explosives.
(Prior zoning ord. § 505.10)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The commission shall consider and may impose such conditions as it deems necessary to protect the public health, safety and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of such proposed use. The commission may also approve the permit contingent upon compliance with applicable provisions of other ordinances.
(Prior zoning ord. § 505.11)
Nothing contained in this article shall apply to any explosive in transit in railway cars or other vehicles, or to any explosive awaiting transportation in or delivery from a railway car or other vehicle, or to the transfer of any such explosive from a car of one railway company to a car of a connecting railway company, provided that the car or other vehicle in which said explosive is being transported or is awaiting transportation or delivery, shall be kept locked or guarded; and provided further that the time during which such explosive is kept waiting transportation or delivery shall not exceed 24 hours.
(Prior zoning ord. § 505.12)
Hearings on permits, variances or nonconforming uses or structures review may be initiated:
A.
If the city council instructs the commission to set the matter for a public hearing in the case of a conditional use permit, (animal permit), variance or nonconforming use or structure review; or
B.
Upon the initiative of the commission in the case of a conditional use permit, (animal permit), variance or nonconforming use or structure review; or
C.
Upon the filing of an application.
(Prior zoning ord. § 507.1)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Upon the filing of an application accompanied by the required fee and/or deposit, or other initiation pursuant to this chapter, the director shall fix a time and place for a public hearing as required by this title.
(Prior zoning ord. § 507.2)
Where a public hearing is required by this title, notice of such hearing shall be provided in accordance with the provisions of Section 17.36.020A.
(Prior zoning ord. § 507.3)
When a verified application is filed for a permit or variance and a hearing is required by this title, the commission shall hold such hearing.
(Prior zoning ord. § 507.4)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.32.700, which pertained to findings and recommendations to the commission and derived from Prior zoning ord. § 507.5.
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.32.710, which pertained to period of decision and derived from Prior zoning ord. § 507.6.
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.32.720, which pertained to action on zoning board recommendations and derived from Prior zoning ord. § 507.7.
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.32.730, which pertained to period for decision and derived from Prior zoning ord. § 507.8.
Where an application for a conditional use permit and an application for a variance are concurrently heard and considered, the commission shall in making their findings consider each case individually as if separately filed.
(Prior zoning ord. § 507.9)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Notice of the action taken by the commission on an application for a permit or variance shall be made in accordance with the provisions of Section 17.36.020C.
(Prior zoning ord. § 507.10)
Director's review is established to facilitate substantiation and corroboration of facts and testimony vital to the administration of this title and is required or may be used for:
A.
Determination of whether or not a proposed development will properly comply with the provisions and development standards prescribed in this title or as prescribed by the commission or director;
B.
Indication of compliance, or plans and intentions to comply with the regulations and standards prescribed in this title.
Where a site plan is required in an application for a permit, variance, nonconforming use or structure review, said site plan shall be considered a part of said application and shall not require separate approval under the provisions of this article.
(Prior zoning ord. § 508.1)
The director may:
A.
Require a site plan review for any use, development of land, structure, building or modification of standards that involves the approval of the director;
B.
Require such other forms and documents as are necessary to determine compliance with the provisions of this title or any conditions that may be specified in granting an approval of the requested use, development or modification;
C.
Require such supplemental information or material as may be necessary, including revised or corrected copies of any site plan or other document previously presented.
(Prior zoning ord. § 508.2)
Any application for director's review shall contain the following information and documents as are required by the director and be accompanied by the filing fee required by resolution of the city council:
A.
Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B.
Evidence that the applicant:
1.
Is the owner of the premises involved, or
2.
Has written permission of the owner or owners to make such application, or
3.
Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4.
In the case of a public agency, is negotiating to acquire a portion of the premises involved;
C.
Location of subject property (address or vicinity);
D.
Legal description of property;
E.
Proposed facility or use;
F.
The use, location and size of all buildings and structures, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features;
G.
Such other data including plans, drawings, diagrams or pictures as may be required to determine compliance with the provisions of this title.
(Prior zoning ord. § 508.3)
The director in acting upon any site plan offered for review as provided in this title shall either approve, approve with conditions, or deny the proposed use, development or modification as requested in the application and as indicated in the required site plan based on the following principles and standards:
A.
That the use, development of land and/or application of development standards is in compliance with all applicable provisions of this title;
B.
That the use, development of land and/or application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice;
C.
That the use, development of land and/or application of development standards is suitable from the standpoint of functional developmental design.
D.
Those development proposals, which pursuant to state law can only be subject to objective standards, shall not be subject to subsections B and C, above, but shall be subject to the following standards:
1.
Public facilities and utilities are available to serve the proposed development in accordance with adopted city standards or will be made available at the time of development.
2.
Proposed plans for vehicle circulation and access have been approved by the city engineer and impacts to the city's transportation network have been mitigated to the extent necessary to maintain the city's adopted transportation level of service.
(Prior zoning ord. § 508.4)
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.32.800, which pertained to period of decision and derived from Prior zoning ord. § 508.6.
The director shall notify the applicant of a request for a site plan approval of the action taken on the application, by first class mail, postage prepaid, or other means deemed appropriate by the commission. Such notification may also be hand delivered to the applicant when appropriate.
(Prior zoning ord. § 508.7)
An appeal may be made by the applicant or an interested citizen in the event that he is dissatisfied with the action taken by the director on a site plan. Such appeal shall be filed with the city clerk in accordance with Section 17.36.030.
(Prior zoning ord. § 508.8)
This article is intended to allow for the continuation, maintenance, and limited expansion of uses, lots, and structures established in compliance with development codes in effect at the time of establishment of the use of structure, but not incompliance with current development codes.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
Any lawfully established use, structure, or lot that is in existence on the effective date of the ordinance codified in this title or any subsequent amendment but does not comply with all of the standards and requirements of this title shall be considered nonconforming. Nonconforming uses and structures may only be continued subject to the requirements of this Article.
A.
Nonconformities, Generally. A nonconformity may result from any inconsistency with the requirements of this title including, but not limited to location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved permit of other required authorization.
B.
Nonconforming Lots. Any lot that is smaller than the minimum lot size required by this title or does not meet any of the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is described in the official record on filed in the office of the Los Angeles County Recorder as a lot of record under one ownership. A nonconforming lot may be used as a building site subject to compliance with all applicable requirements, unless a variance or other modification or exception is approved as provided in this title.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
A.
A use legally occupying a structure or site, as of the effective date of this code, that does not conform with the use regulations or the standards in the zone in which the use is located shall be deemed to be a legal nonconforming use and may be continued in perpetuity.
B.
A structure legally occupying a site as of the effective date of this code that does not conform with the property development standards for required yards, height, coverage, distances between structures, or other standards for the zone in which the structure is located shall be deemed to be a legally nonconforming structure and may be used and maintained in perpetuity.
C.
It shall not be the intent of this section to render previously legally created building lots or legally constructed buildings which do not comply with the new property development regulations or other requirements of this title to be nonconforming where these lots or buildings complied with the ordinances in effect at the time of construction. However, proof of compliance with ordinances in effect at the time of creation or construction shall be the sole burden of the applicant or property owner. Such proof may include building permits, minutes of council or commission action, case files, or other documentation.
D.
Routine maintenance and repairs may be performed on a structure or site, the use of which is legal nonconforming.
E.
When interpreting setbacks for a residential use in a residential zone that are legal nonconforming, new construction shall be permitted to maintain/continue the existing setback, provided the structure does not further encroach into the existing setback area by either further reducing the existing setback.
F.
Any nonconforming publicly owned use, including but not limited to, schools, colleges, parks, libraries, fire stations, sheriff stations and other public sites, may be added to, extended or altered if such additions, extensions or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this title pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 17.32.900.
G.
Any nonconforming public utility building, structure, equipment or facility necessary for operating purposes, but excluding offices, service centers or yards, may be added to, extended or altered, provided there is no change in use or enlargement of the original site established prior to the time such approval was required. Nothing in this ordinance pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 17.32.900.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
A.
Whenever a structure which does not comply with the property development standards prescribed in the zone in which the structure is located is destroyed by fire or other calamity to the extent of fifty percent (50%) or more, the structure may be restored and the legal nonconforming use may be resumed; provided, that restoration is started within two (2) years from the date of the calamity and diligently pursued to completion. The new structure may be restored to its original height or the maximum height permitted in the zone in which it is located, whichever is greater, and must be in full conformity with the parking, setback, and landscaping standards for that zone in effect at the time of reestablishment.
B.
The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. In the case of a use with multiple structures, the damage ratio shall be determined by comparing the cost of restoring the damaged structure(s) to its (their) condition(s) prior to such damage to the estimated cost of duplicating all structures associated with such use.
C.
Whenever a structure is damaged less than fifty percent (50%), the structure shall be replaced to its legal nonconforming status or replaced with a structure in conformance with the code.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
A.
Uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but not in compliance with current zoning codes may obtain a certificate of zoning compliance through a Director's Review. A certificate of zoning compliance shall require a final occupancy review. The applicant must show, to the satisfaction of the Director, that the structure or use in question is in compliance with the original permit and/or codes in effect at the time the structure was constructed or the use was initiated
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
After a public hearing as provided for in this article, the commission may revoke or modify any nonconforming use or revoke or modify any permit, variance or other approval which has been granted by either the city council or the commission, pursuant to either the provisions of the ordinance codified in this title or of any ordinance superseded by the ordinance codified in this title on any one or more of the following grounds:
A.
That such approval was obtained by fraud;
B.
That the use for which such approval was granted is not being exercised;
C.
That the use for which such approval was granted has ceased or has been suspended for one year or more.
This subsection does not apply to an exception (granted prior to November 23, 1970), or permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite, or similar material, if from the cessation of use the outer boundaries of the premises have been continuously posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant";
D.
Except in case of a dedicated cemetery that any person making use of or relying upon the permit, variance, or other approval, is violating or has violated any conditions of such permit, variance or other approval, or that the use for which the permit, variance, or other approval was granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
E.
Except in the case of a dedicated cemetery, that the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to be a nuisance.
(Prior zoning ord. § 510.1)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
In addition to the grounds for revocation or modification contained in Section 17.32.890, a nonconforming use or structure may be revoked or modified after a public hearing if the commission finds:
A.
That the condition of the improvements, if any, on the property are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person;
B.
That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.
(Prior zoning ord. § 510.2)
Hearings on revocations or modifications of permits, variances or nonconforming uses or structures may be initiated:
A.
If the city council instructs the commission to set the matter for a public hearing; or
B.
Upon the initiative of the commission.
(Prior zoning ord. § 510.3)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Notice of a public hearing on a revocation or modification shall be provided as follows:
A.
To the same persons and in the same manner as required for a public hearing before the commission pursuant to 17.36.020; and
B.
By such other additional means that the commission deems necessary.
(Prior zoning ord. § 510.4)
If for any reason, the testimony of any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required.
(Prior zoning ord. § 510.5)
Notice of the action taken by the commission shall be provided in accordance with the provisions of Section 17.36.020C.
(Prior zoning ord. § 510.6)
An order by the commission revoking or modifying a permit, variance, or nonconforming use or structure shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Prior zoning ord. § 510.7)
32 - VARIANCES, CONDITIONAL USE PERMITS, NONCONFORMING USES, DIRECTOR'S REVIEW
Editor's note— Ord. No. 1070, Exh. A, adopted Jan. 14, 2020, repealed the former Art. VII, §§ 17.32.830—17.32.880, and enacted a new Art. VII as set out herein. The former Art. VII pertained to similar subject matter and derived from Prior zoning ord. §§ 509.1—509.6; Ord. 651 § 9, adopted 1993; Ord. 900 § 8, adopted 2008.
A conditional use as defined by this title 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, required 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.
(Prior zoning ord. § 501.1)
Any person desiring a conditional use permit required by or provided for in this title 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.
(Prior zoning ord. § 501.2)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
An application for a conditional use permit shall contain the following information:
A.
Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B.
Evidence that the applicant:
1.
Is the owner of the premises involved, or
2.
Has written permission of the owner or owners to make such application, or
3.
Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4.
In the case of a public agency, is negotiating to acquire a portion of the premises involved;
C.
Location of subject property (address or vicinity);
D.
Legal description of the property involved;
E.
The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used;
F.
Indicate the nature, condition and development of adjacent uses, buildings and structures; and
G.
Provide a site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director indicating:
1.
The area and dimensions of proposed site for the requested use,
2.
The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features;
H.
Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;
I.
Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;
J.
With each application the applicant shall also file:
1.
Maps in the number prescribed and drawn to a scale specified by the director, showing the location of all property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of such proposed use,
2.
One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 700 foot radius,
3.
A list, certified to be correct by affidavit or by a statement under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the area actually to be occupied by the use. One copy of said map shall indicate where such ownership are located,
4.
Proof satisfactory to the director that water will be available in quantities and pressures required by said Ordinance No. 7834, the Water Ordinance, or by a variance granted pursuant to said Ordinance No. 7834. The director may accept as such proof a certificate from the person who is to supply water that he can supply water as required by said Ordinance No. 7834, also stating the amount and pressure, which certificate also shall be signed by the forester and fire warden, or a certificate from the county engineer that such water will be available,
5.
The director may waive the filing of one or more of the above items;
K.
Such other information as the director may require.
The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.
(Prior zoning ord. § 501.3)
In addition to the information required in the application by Section 17.32.030, the applicant shall substantiate to the satisfaction of 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 title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and
C.
That the proposed site is adequately served:
1.
By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and
2.
By other public or private service facilities as are required.
(Prior zoning ord. § 501.4)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
When an application is filed, it shall be accompanied by the filing fee required by resolution of the city council.
(Prior zoning ord. § 501.5)
The commission may recommend denial, and the commission may deny, without a public hearing, an application for a conditional use permit if such application does not contain the information required by Sections 17.32.030 and 17.32.040. The commission may permit the applicant to amend such application.
(Prior zoning ord. § 501.6)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
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 commission shall hold a public hearing pursuant to the procedure provided in this chapter.
(Prior zoning ord. § 501.7)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Where the commission finds that the use requested, subject to such conditions as it deems necessary, will comply with the findings required by Section 17.32.090, it may grant such permit without a public hearing except that:
A.
This section does not apply to an application for the following:
1.
Airports;
2.
Amusement and entertainment enterprises and concessions, including all structural devices and contrivances designed and operated for patron participation and pleasure;
3.
Primary or incidental alcohol sales establishments as defined under Chapter 17.42;
4.
Circus winter quarters;
5.
Colleges and universities;
6.
Communication equipment buildings;
7.
Correctional institutions;
8.
Day nurseries;
9.
Earth stations;
10.
Electrical distribution substations;
11.
Electric transmission substations;
12.
Electric generating plants;
13.
Golf courses including the customary clubhouse and appurtenant facilities;
14.
Golf driving ranges;
15.
Guest ranches;
16.
Heliports;
17.
Helistops;
18.
Hospitals;
19.
Institutions for the aged, private;
20.
Institutions for children, private;
21.
Juvenile halls;
22.
Land reclamation projects;
23.
Landing strips;
24.
Mobilehome parks;
25.
Motor recreational facilities for the driving, testing and racing of automobiles, dune buggies, motorcycles, trail bikes or similar vehicles including appurtenant facilities in conjunction therewith;
26.
Nudist camps;
27.
Oil wells;
28.
Outdoor festivals;
29.
Parking buildings;
30.
Public utility service centers;
31.
Race tracks;
32.
Radio and television stations and towers;
33.
Recreation clubs, private;
34.
Rifle, pistol, skeet or trap ranges;
35.
Sewage treatment plants.
(Ord. 896 § 1 (Exh. A § 26), 2008; prior zoning ord. § 501.8)
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 title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and
D.
That the proposed site is adequately served:
1.
By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and
2.
By other public or private service facilities as are required.
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.
(Prior zoning ord. § 501.9)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The building bulk provisions prescribed in the various zones shall not apply to uses permitted by conditional use permit. In granting a conditional use permit, the commission shall prescribe the height limit, maximum lot coverage, or floor-area ratio for the use approved. Where the commission fails to specify said height limit, maximum lot coverage, or floor-area ratio, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified.
(Prior zoning ord. § 501.10)
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 said 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 17.32.090. If the water appeals board grants a variance pursuant to any provision of Article 4 of Chapter 1 of said Ordinance No. 7834, permitting the proposed use with the existing or proposed water supply, this section shall not apply.
(Prior zoning ord. § 501.11)
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 17.32.090. 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 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 title;
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 title.
The commission may also approve the requested permit contingent upon compliance with applicable provisions of other ordinances.
(Prior zoning ord. § 501.12)
A person shall not engage in project grading in any zone if such project grading requires the removal from, or importation to, a lot or parcel land of more than 10,000 cubic yards of dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material if more than 20 occupied dwelling units in one-family, two-family, or multiple structures, or in occupied mobilehomes within a mobilehome park, or any combination thereof, or if a hospital or accredited public or private school offering instruction required to be taught in the public schools by the Education Code of the state of California are located within a parallel corridor 300 feet wide on each side of and measured from the edge of the existing right-of-way of the streets or highways forming the proposed transport route, and within a distance equal to the extent of such route, or within a distance of 2,640 feet, whichever is less, measured from the proposed point of access to such project unless:
A.
If not more than 100,000 cubic yards of material is to be moved, such person either:
1.
Obtains a conditional use permit; or
2.
Submits a site plan to the director, who approves the plan upon finding that the proposed use will comply with the requirements of this section and Section 17.32.140. The director may approve the plan which approval shall be valid for the time stated by the director. If no time is stated such approval shall be good for one year. If the director or county engineer finds that there is good cause shown, and that the applicant in moving of material pursuant to such approval has not violated this or any other ordinance or statute, he may extend the duration of such approval for not more than one year if the applicant files a request for such extension prior to the expiration of his original approval. Only one extension may be granted.
B.
Where more than 100,000 cubic yards of material are to be moved, such person obtains a conditional use permit.
(Prior zoning ord. § 501.13)
Project grading subject to the provisions of Section 17.12.130 shall comply with the following requirements:
A.
A grading permit, when required, shall first be obtained as provided in said Ordinance 2225 (Building Code), before the commencement of any project grading.
B.
The application to the director or for a conditional use permit as the case may be shall contain statements setting forth the following information:
1.
The names and addresses of all persons owning all or any part of the property from which such material is proposed to be removed from and transported to;
2.
The names and addresses of the person or persons who will be conducting the operations proposed;
3.
The ultimate proposed use of the lot or parcel of land;
4.
Such other information as the director finds necessary in order to determine whether the application should be granted;
5.
In the case of an application for a conditional use permit the information required by Section 17.32.030.
C.
The applicant shall submit a map showing in sufficient detail the location of the site from which such material is proposed to be removed, the proposed route over streets and highways, and the location to which such material is to be imported.
D.
All hauling as approved under this section shall be restricted to a route approved by the road commissioner.
E.
Compliance shall be made with all applicable requirements of other county departments and other governmental agencies.
F.
If any condition of this section is violated, or if any law, statute or ordinance is violated, the privileges granted herein shall lapse and such approval shall be suspended.
G.
Neither the provisions of this section nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of a public or private nuisance.
(Prior zoning ord. § 501.14)
A conditional use permit shall not be required pursuant to Section 17.32.130 if such use is in conjunction with:
A.
Any work of construction or repair by the county or city, or any district of which the board of supervisors of the county is ex officio the governing body; or
B.
Construction or repair by the county or city or such district performed by force account; or
C.
Construction, maintenance or repair of any "state water facilities" as defined in Section 12934 of the State Water Code.
(Prior zoning ord. § 501.15)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Premises in any zone may be temporarily used for uses necessary to the prosecution of any war in which the United States may be engaged, if a conditional use permit for such use is granted pursuant to the provisions of this title, and provided:
A.
That the United States is at war declared by the Congress of the United States and engaged in actual physical hostilities; and
B.
That such permit shall expire not later than 6 months after the cessation of such physical hostilities.
As used in the section, "cessation of physical hostilities" means a date comparable to November 11, 1918, or August 15, 1945.
(Prior zoning ord. § 501.16)
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.
Except as provided in Section 17.32.175, an approved conditional use permit shall expire twenty-four (24) months from the date of planning commission or city council approval. Conditional use permits may be granted time extensions prior to the expiration of the project not to exceed three one-year extensions. Any extension granted shall be conditioned to comply with the city's current design guidelines as adopted by the city council, unless the applicant can demonstrate to the planning commission's satisfaction that such compliance will impose an undue hardship on the project. The applicant is required to file for an extension sixty (60) days prior to such expiration date.
B.
That in the case of a permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand, or gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material, no time limit shall apply to utilization of such permit if within such year or such other time the property is posted and remains posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant";
C.
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 two years 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 of 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.
(Prior zoning ord. § 501.17)
(Ord. No. 924, § 1, 8-25-09; Ord. No. 995, § 2, 12-10-13)
A conditional use permit approved in conjunction with a tentative map shall have the same expiration date as the approved tentative map or any extension of the map, unless a specific expiration date is specified in the approval of the conditional use permit.
(Ord. No. 995, § 1, 12-10-13)
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.
(Prior zoning ord. § 501.18)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
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 2 or more years. This provision shall not apply to permits granted for alcohol sales establishments pursuant to Chapter 17.42, which shall be subject to the requirements of Section 17.42.130.
(Ord. 896 § 1 (Exh. A § 27), 2008; prior zoning ord. § 501.19)
Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance.
(Prior zoning ord. § 501.20)
The decision of the commission shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Prior zoning ord. § 501.21)
Unless specifically modified by a conditional use permit, all regulations prescribed in the zone in which such conditional use permit is granted shall apply.
(Prior zoning ord. § 501.22)
A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this title, 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.
(Prior zoning ord. § 501.23)
The sign provisions prescribed in residential zones shall not apply to uses granted by conditional use permit. In granting a conditional use permit, the commission may approve signing which it deems appropriate for such use provided, however, that no sign or signs may be authorized that would exceed a sign area of 25 square feet or a total sign area of 50 square feet or a height of 12 feet in residential zones or exceed 100 square feet of sign area or 200 square feet of total sign area in commercial zones, except as otherwise provided in the CPD zone. Where the commission fails to specifically approve such signs, those provisions applicable to principal permitted uses in the specific zone in which the use is located shall be deemed to have been specified.
(Prior zoning ord. § 501.24)
The variance procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title, develop through the strict literal interpretation and enforcement of such provisions. A variance may be granted to permit modification of:
A.
Building line setbacks, yards, open space and buffer areas;
B.
Height, lot coverage, density and bulk regulations;
C.
Off-street parking spaces, maneuvering areas and driveway width, and paving standards;
D.
Landscaping requirements;
E.
Wall, fencing and screening requirements;
F.
Street and highway dedication and improvement standards;
G.
Lot area, depth, and width requirements;
H.
Operating conditions such as hours of days of operation, number of employees, and equipment limitations;
I.
Sign regulations other than outdoor advertising.
(Prior zoning ord. § 502.1)
Any person desiring any permit required by or provided for in this title, may file an application therefor 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.
(Prior zoning ord. § 502.2)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
An application for a variance shall contain the information required by Section 17.32.030.
(Prior zoning ord. § 502.3)
In addition to the information required in the application by Section 17.32.270, the applicant shall substantiate to the satisfaction of the commission the following facts:
A.
That there are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification; and
B.
That such variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone; and
C.
That the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone.
(Prior zoning ord. § 502.4)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.
(Prior zoning ord. § 502.5)
The commission may deny, without a public hearing, an application of a variance if such application does not contain the information required by Sections 17.32.270 and 17.32.280. The commission may permit the applicant to amend such application.
(Prior zoning ord. § 502.6)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
In all cases where an application is filed for a variance the commission shall hold a public hearing pursuant to the procedure provided by Article V of this chapter.
(Prior zoning ord. § 502.7)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The commission may approve an application for a variance where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
A.
That because of special circumstances or exceptional characteristics applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and
B.
That the adjustment authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and
C.
That strict application of zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards; and
D.
That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.
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.
(Prior zoning ord. § 502.8)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
If it appears that the variance requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a variance, and will not comply with the provisions of said Ordinance No. 7834, such facts shall be prima facie evidence that such requested variance will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of Section 17.32.320.
(Prior zoning ord. § 502.9)
The commission in approving an application for a variance may impose such conditions as it deems necessary to insure that the adjustment will be in accord with the findings required by Section 17.32.320. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the use for which such variance is requested, including, but not limited to those specified in Section 17.32.360.
(Prior zoning ord. § 502.10)
A variance which is not used within the time specified in such variance, or, if no time is specified, within one year after the granting of the variance, 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. In the case of a nonprofit corporation organized to provide low-income housing for the poor or elderly, the commission may grant an additional one-year extension provided that an application requesting such extension is filed prior to the expiration of the first such extension.
B.
That in the case of an exception granted prior to November 23, 1970, for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite or similar material, no time limit shall apply to utilization of such exception if within such year or such other time the property is posted and remains posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice stating in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant."
(Prior zoning ord. § 502.11)
Where an appeal is filed relative to any variance, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date.
(Prior zoning ord. § 502.12)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance.
(Prior zoning ord. § 502.13)
The decision of the commission shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Prior zoning ord. § 502.14)
Unless specifically modified by a variance, all regulations prescribed in the zone in which such variance is granted shall apply.
(Prior zoning ord. § 502.15)
A variance that is valid and in effect, and was granted pursuant to the provisions of this title, 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.
(Prior zoning ord. § 502.16)
The adjustment procedure is established to permit modification of development standards as they apply to particular uses when practical difficulties or results inconsistent with the general purposes of this title develop through the strict literal interpretation and enforcement of such provisions. An adjustment may be granted to permit modification of:
A.
Building height, lot coverage, and FAR limitations, with an increase up to 25%;
B.
Wall, fence, and screening height limitations, with an increase up to 25%;
C.
Corner lot width requirements, which may be reduced to the minimum established for an interior lot under the subject zoning designation;
D.
Setbacks, with a reduction up to 25%, so long as the resulting setback is sufficient for fire safety;
E.
Sign regulations other than those applicable to off-site signs.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Any person desiring any permit required by or provided for in this title, may file an application therefor 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.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
An application for an adjustment shall contain the information:
A.
Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B.
Evidence that the applicant:
1.
Is the owner of the premises involved, or
2.
Has written permission of the owner or owners to make such application, or
3.
Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4.
In the case of a public agency, is negotiating to acquire a portion of the premises involved;
C.
Location of subject property (address or vicinity);
D.
Legal description of the property involved;
E.
The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used;
F.
Indicate the nature, condition and development of adjacent uses, buildings and structures; and
G.
Provide a site plan drawn to a scale satisfactory to and in the number of copies prescribed by the director indicating:
1.
The area and dimensions of proposed site for the requested use,
2.
The location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features;
H.
Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use;
I.
Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances;
J.
Project Notice. A notice for an adjustment permit shall be mailed 10 calendar days before the scheduled action to the following, unless stated otherwise in this code:
1.
Owner(s) and applicant;
2.
All owners of property located adjacent to the exterior boundaries of the subject site, as shown on the county's last equalized assessment roll. If the project site abuts a street, all property owners on the other side of the street shall be mailed the notice. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall be mailed the notice;
3.
Persons Requesting Notice. A person who has filed a written request for notice with the director of development services within one year prior to the action.
4.
The development services director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the project.
K.
Such other information as the director may require.
The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
When an application is filed it shall be accompanied by the filing fee required by resolution of the city council.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The director may deny an application of an adjustment if such application does not contain the information required by Sections 17.32.430 and 17.32.440. The director may permit the applicant to amend such application.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The director may approve an application for an adjustment where the information submitted by the applicant substantiates the following findings:
A.
The adjustment will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity with the same zoning.
B.
The adjustment is not detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located.
C.
The adjustment is generally consistent with surrounding development and general plan and zoning designations.
Any reduction or increase greater than those specified in Section 17.32.410 shall require a variance. The director shall deny the application where the information submitted by the applicant fails to substantiate such findings to the satisfaction of the director.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The director in approving an application for an adjustment may impose such conditions as they deem necessary to ensure that the adjustment will be in accord with the findings required by Section 17.32.460. Conditions imposed by the director may involve any pertinent factors affecting the establishment, operation, and maintenance of the use for which such adjustment is requested.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
An adjustment which is not used within the time specified in such adjustment, or, if no time is specified, within two years after the granting of the adjustment, becomes null and void and of no effect except in all cases the director 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.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Where an appeal is filed relative to any adjustment, the date of decision by the city council of such appeal shall be deemed the date of grant in determining said expiration date.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Neither the provisions of this title nor the granting of any permit provided for in this title authorizes or legalizes the maintenance of any public or private nuisance.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The decision of the director shall become final and effective 10 working days after the director's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Unless specifically modified by an adjustment, all regulations prescribed in the zone in which such adjustment is granted shall apply.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
An adjustment that is valid and in effect, and was granted pursuant to the provisions of this title, 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.
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
A.
The terms "explosive" and "explosives" whenever used in this title shall mean any substance or combination of substances that is commonly used for the purpose of detonation and which, upon exposure to any external force or condition, is capable of a relatively instantaneous release of gas and heat. These terms shall include, but shall not necessarily be limited to, all of the following:
1.
Substances determined to be Class A and Class B explosives as classified by the United States Department of Transportation;
2.
Nitrocarbonitrate substances (blasting agent) as classified by the United States Department of Transportation;
3.
Any material designated as an explosive by the State Fire Marshal;
4.
Certain Class C explosives as designated by the United States Department of Transportation when listed in regulations adopted by the State Fire Marshal.
B.
The terms "explosive" and "explosives" whenever used in this title shall not include the following:
1.
Small arms ammunition of .75 caliber or less when designated as a Class C explosive by the United States Department of Transportation;
2.
Fireworks regulated under Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code.
(Prior zoning ord. § 505.1)
No quantity of explosives other than gunpowder in excess of 100 pounds, or gunpowder in excess of 750 pounds, shall be stored or kept in any place, house or building in the county of Los Angeles without a permit therefor from the commission and unless said explosives are contained in a magazine situated, constructed, operated and maintained in the manner described in Part 1 of Division 11 of the Health and Safety Code.
(Prior zoning ord. § 505.2)
Any person proposing to store or keep any quantity of gunpowder in excess of 750 pounds or any other explosives in excess of 100 pounds in any place, house or building in the unincorporated territory of the county of Los Angeles shall file application for a permit with the director, accompanied by the filing fee as required by resolution of the city council. Such application shall also verify that the applicant has submitted such data as is required by the county forester and fire warden.
(Prior zoning ord. § 505.3)
If the application is for a permit to store explosives for not more than 3 months and there is no permit in force for that location, the commission may grant the permit without a public hearing provided:
A.
That the applicant has submitted such data as is required to the county forester and fire warden for approval prior to consideration by the commission; and
B.
That said county forester and fire warden has indicated his approval in writing stating that such explosives may be safely stored at the proposed location.
(Prior zoning ord. § 505.5)
Unless an application is approved pursuant to Section 17.32.590 the commission shall hold a public hearing.
(Prior zoning ord. § 505.6)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The director shall immediately notify the county forester and fire warden of every application for a permit to keep or store explosives. Where a public hearing is to be held the director shall notify the county forester and fire warden of the time and place thereof.
(Prior zoning ord. § 505.7)
The county forester and fire warden, within 10 days after receipt of a copy of the application for a permit, shall furnish to the commission a report thereon as to whether or not in his opinion explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.
(Prior zoning ord. § 505.8)
At the time and place fixed for the hearing on the application the commission shall hear the same and any protests thereto, and upon the evidence and other matters brought to its attention during hearing, including the report of the county forester and fire warden, may approve such permit where the findings indicate that explosives in the amounts and kinds mentioned in the application can be kept at the place proposed without danger of serious injury to persons other than those employed in or about the magazine, or to property other than that of the applicant.
Where no hearing is required, the commission shall make similar findings based upon its investigation or the investigation of its staff, and upon the report of the county forester and fire warden, of the place where it is proposed to keep the explosives.
(Prior zoning ord. § 505.10)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
The commission shall consider and may impose such conditions as it deems necessary to protect the public health, safety and general welfare, and to prevent material detriment to the property of other persons located in the vicinity of such proposed use. The commission may also approve the permit contingent upon compliance with applicable provisions of other ordinances.
(Prior zoning ord. § 505.11)
Nothing contained in this article shall apply to any explosive in transit in railway cars or other vehicles, or to any explosive awaiting transportation in or delivery from a railway car or other vehicle, or to the transfer of any such explosive from a car of one railway company to a car of a connecting railway company, provided that the car or other vehicle in which said explosive is being transported or is awaiting transportation or delivery, shall be kept locked or guarded; and provided further that the time during which such explosive is kept waiting transportation or delivery shall not exceed 24 hours.
(Prior zoning ord. § 505.12)
Hearings on permits, variances or nonconforming uses or structures review may be initiated:
A.
If the city council instructs the commission to set the matter for a public hearing in the case of a conditional use permit, (animal permit), variance or nonconforming use or structure review; or
B.
Upon the initiative of the commission in the case of a conditional use permit, (animal permit), variance or nonconforming use or structure review; or
C.
Upon the filing of an application.
(Prior zoning ord. § 507.1)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Upon the filing of an application accompanied by the required fee and/or deposit, or other initiation pursuant to this chapter, the director shall fix a time and place for a public hearing as required by this title.
(Prior zoning ord. § 507.2)
Where a public hearing is required by this title, notice of such hearing shall be provided in accordance with the provisions of Section 17.36.020A.
(Prior zoning ord. § 507.3)
When a verified application is filed for a permit or variance and a hearing is required by this title, the commission shall hold such hearing.
(Prior zoning ord. § 507.4)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.32.700, which pertained to findings and recommendations to the commission and derived from Prior zoning ord. § 507.5.
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.32.710, which pertained to period of decision and derived from Prior zoning ord. § 507.6.
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.32.720, which pertained to action on zoning board recommendations and derived from Prior zoning ord. § 507.7.
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.32.730, which pertained to period for decision and derived from Prior zoning ord. § 507.8.
Where an application for a conditional use permit and an application for a variance are concurrently heard and considered, the commission shall in making their findings consider each case individually as if separately filed.
(Prior zoning ord. § 507.9)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Notice of the action taken by the commission on an application for a permit or variance shall be made in accordance with the provisions of Section 17.36.020C.
(Prior zoning ord. § 507.10)
Director's review is established to facilitate substantiation and corroboration of facts and testimony vital to the administration of this title and is required or may be used for:
A.
Determination of whether or not a proposed development will properly comply with the provisions and development standards prescribed in this title or as prescribed by the commission or director;
B.
Indication of compliance, or plans and intentions to comply with the regulations and standards prescribed in this title.
Where a site plan is required in an application for a permit, variance, nonconforming use or structure review, said site plan shall be considered a part of said application and shall not require separate approval under the provisions of this article.
(Prior zoning ord. § 508.1)
The director may:
A.
Require a site plan review for any use, development of land, structure, building or modification of standards that involves the approval of the director;
B.
Require such other forms and documents as are necessary to determine compliance with the provisions of this title or any conditions that may be specified in granting an approval of the requested use, development or modification;
C.
Require such supplemental information or material as may be necessary, including revised or corrected copies of any site plan or other document previously presented.
(Prior zoning ord. § 508.2)
Any application for director's review shall contain the following information and documents as are required by the director and be accompanied by the filing fee required by resolution of the city council:
A.
Name and address of the applicant and of all persons owning any or all of the property proposed to be used;
B.
Evidence that the applicant:
1.
Is the owner of the premises involved, or
2.
Has written permission of the owner or owners to make such application, or
3.
Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof, or
4.
In the case of a public agency, is negotiating to acquire a portion of the premises involved;
C.
Location of subject property (address or vicinity);
D.
Legal description of property;
E.
Proposed facility or use;
F.
The use, location and size of all buildings and structures, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features;
G.
Such other data including plans, drawings, diagrams or pictures as may be required to determine compliance with the provisions of this title.
(Prior zoning ord. § 508.3)
The director in acting upon any site plan offered for review as provided in this title shall either approve, approve with conditions, or deny the proposed use, development or modification as requested in the application and as indicated in the required site plan based on the following principles and standards:
A.
That the use, development of land and/or application of development standards is in compliance with all applicable provisions of this title;
B.
That the use, development of land and/or application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice;
C.
That the use, development of land and/or application of development standards is suitable from the standpoint of functional developmental design.
D.
Those development proposals, which pursuant to state law can only be subject to objective standards, shall not be subject to subsections B and C, above, but shall be subject to the following standards:
1.
Public facilities and utilities are available to serve the proposed development in accordance with adopted city standards or will be made available at the time of development.
2.
Proposed plans for vehicle circulation and access have been approved by the city engineer and impacts to the city's transportation network have been mitigated to the extent necessary to maintain the city's adopted transportation level of service.
(Prior zoning ord. § 508.4)
(Ord. No. 1106, § 4(Exh. A), 10-10-2023)
Editor's note— Ord. No. 1130, § 4(Exh. A), adopted May 27, 2025, repealed § 17.32.800, which pertained to period of decision and derived from Prior zoning ord. § 508.6.
The director shall notify the applicant of a request for a site plan approval of the action taken on the application, by first class mail, postage prepaid, or other means deemed appropriate by the commission. Such notification may also be hand delivered to the applicant when appropriate.
(Prior zoning ord. § 508.7)
An appeal may be made by the applicant or an interested citizen in the event that he is dissatisfied with the action taken by the director on a site plan. Such appeal shall be filed with the city clerk in accordance with Section 17.36.030.
(Prior zoning ord. § 508.8)
This article is intended to allow for the continuation, maintenance, and limited expansion of uses, lots, and structures established in compliance with development codes in effect at the time of establishment of the use of structure, but not incompliance with current development codes.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
Any lawfully established use, structure, or lot that is in existence on the effective date of the ordinance codified in this title or any subsequent amendment but does not comply with all of the standards and requirements of this title shall be considered nonconforming. Nonconforming uses and structures may only be continued subject to the requirements of this Article.
A.
Nonconformities, Generally. A nonconformity may result from any inconsistency with the requirements of this title including, but not limited to location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved permit of other required authorization.
B.
Nonconforming Lots. Any lot that is smaller than the minimum lot size required by this title or does not meet any of the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is described in the official record on filed in the office of the Los Angeles County Recorder as a lot of record under one ownership. A nonconforming lot may be used as a building site subject to compliance with all applicable requirements, unless a variance or other modification or exception is approved as provided in this title.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
A.
A use legally occupying a structure or site, as of the effective date of this code, that does not conform with the use regulations or the standards in the zone in which the use is located shall be deemed to be a legal nonconforming use and may be continued in perpetuity.
B.
A structure legally occupying a site as of the effective date of this code that does not conform with the property development standards for required yards, height, coverage, distances between structures, or other standards for the zone in which the structure is located shall be deemed to be a legally nonconforming structure and may be used and maintained in perpetuity.
C.
It shall not be the intent of this section to render previously legally created building lots or legally constructed buildings which do not comply with the new property development regulations or other requirements of this title to be nonconforming where these lots or buildings complied with the ordinances in effect at the time of construction. However, proof of compliance with ordinances in effect at the time of creation or construction shall be the sole burden of the applicant or property owner. Such proof may include building permits, minutes of council or commission action, case files, or other documentation.
D.
Routine maintenance and repairs may be performed on a structure or site, the use of which is legal nonconforming.
E.
When interpreting setbacks for a residential use in a residential zone that are legal nonconforming, new construction shall be permitted to maintain/continue the existing setback, provided the structure does not further encroach into the existing setback area by either further reducing the existing setback.
F.
Any nonconforming publicly owned use, including but not limited to, schools, colleges, parks, libraries, fire stations, sheriff stations and other public sites, may be added to, extended or altered if such additions, extensions or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this title pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 17.32.900.
G.
Any nonconforming public utility building, structure, equipment or facility necessary for operating purposes, but excluding offices, service centers or yards, may be added to, extended or altered, provided there is no change in use or enlargement of the original site established prior to the time such approval was required. Nothing in this ordinance pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 17.32.900.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
A.
Whenever a structure which does not comply with the property development standards prescribed in the zone in which the structure is located is destroyed by fire or other calamity to the extent of fifty percent (50%) or more, the structure may be restored and the legal nonconforming use may be resumed; provided, that restoration is started within two (2) years from the date of the calamity and diligently pursued to completion. The new structure may be restored to its original height or the maximum height permitted in the zone in which it is located, whichever is greater, and must be in full conformity with the parking, setback, and landscaping standards for that zone in effect at the time of reestablishment.
B.
The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. In the case of a use with multiple structures, the damage ratio shall be determined by comparing the cost of restoring the damaged structure(s) to its (their) condition(s) prior to such damage to the estimated cost of duplicating all structures associated with such use.
C.
Whenever a structure is damaged less than fifty percent (50%), the structure shall be replaced to its legal nonconforming status or replaced with a structure in conformance with the code.
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
A.
Uses and structures established in compliance with zoning codes in effect at the time of establishment of the use or structure but not in compliance with current zoning codes may obtain a certificate of zoning compliance through a Director's Review. A certificate of zoning compliance shall require a final occupancy review. The applicant must show, to the satisfaction of the Director, that the structure or use in question is in compliance with the original permit and/or codes in effect at the time the structure was constructed or the use was initiated
(Ord. No. 1070, § 4(Exh. A), 1-14-2020)
After a public hearing as provided for in this article, the commission may revoke or modify any nonconforming use or revoke or modify any permit, variance or other approval which has been granted by either the city council or the commission, pursuant to either the provisions of the ordinance codified in this title or of any ordinance superseded by the ordinance codified in this title on any one or more of the following grounds:
A.
That such approval was obtained by fraud;
B.
That the use for which such approval was granted is not being exercised;
C.
That the use for which such approval was granted has ceased or has been suspended for one year or more.
This subsection does not apply to an exception (granted prior to November 23, 1970), or permit for a rock quarry, sand or gravel pit, rock crushing plant, or any apparatus for the manufacture or production of rock, sand or gravel, or any excavation for the purpose of obtaining clay, decomposed granite, or similar material, if from the cessation of use the outer boundaries of the premises have been continuously posted with signs not less than 500 feet apart and at each change of direction of the said outer boundary line, in such manner as will reasonably give notice to passersby of the matters contained in such notice, stating, in letters not less than 4 inches in height: "ROCK QUARRY PROPERTY," and stating, in letters not less than one inch in height: "Permission has been granted to use this property at any time for rock quarry, sand, gravel or clay pit or rock crushing plant";
D.
Except in case of a dedicated cemetery that any person making use of or relying upon the permit, variance, or other approval, is violating or has violated any conditions of such permit, variance or other approval, or that the use for which the permit, variance, or other approval was granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
E.
Except in the case of a dedicated cemetery, that the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or so as to be a nuisance.
(Prior zoning ord. § 510.1)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
In addition to the grounds for revocation or modification contained in Section 17.32.890, a nonconforming use or structure may be revoked or modified after a public hearing if the commission finds:
A.
That the condition of the improvements, if any, on the property are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person;
B.
That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.
(Prior zoning ord. § 510.2)
Hearings on revocations or modifications of permits, variances or nonconforming uses or structures may be initiated:
A.
If the city council instructs the commission to set the matter for a public hearing; or
B.
Upon the initiative of the commission.
(Prior zoning ord. § 510.3)
(Ord. No. 1130, § 4(Exh. A), 5-27-2025)
Notice of a public hearing on a revocation or modification shall be provided as follows:
A.
To the same persons and in the same manner as required for a public hearing before the commission pursuant to 17.36.020; and
B.
By such other additional means that the commission deems necessary.
(Prior zoning ord. § 510.4)
If for any reason, the testimony of any case set for public hearing cannot be completed on the appointed day, the chairman of such hearing may before adjournment or recess, publicly announce the time and place at which said hearing will be continued and no further notice thereof shall be required.
(Prior zoning ord. § 510.5)
Notice of the action taken by the commission shall be provided in accordance with the provisions of Section 17.36.020C.
(Prior zoning ord. § 510.6)
An order by the commission revoking or modifying a permit, variance, or nonconforming use or structure shall become final and effective 10 working days after the commission's action, provided no appeal of the action taken has been filed with the city clerk pursuant to Section 17.36.030 within said 10 working days.
(Prior zoning ord. § 510.7)