Lawndale City Zoning Code
CHAPTER 17
12 HEARINGS AND APPEALS
§ 17.12.010 Scope.
The procedures specified in this chapter shall govern all hearings held before the planning commission for the purpose of determining whether to grant, deny or revoke any permit, exception, or other approval.
(Prior code § 2-2-1)
§ 17.12.020 Initiation of hearing procedure by planning commission.
The commission on its own motion may, and if instructed by the city council to do so, the commission shall, without the filing of any petition, hold a hearing for the granting, modifying or revoking of any permit or exception provided for in this chapter.
(Prior code § 2-2-2)
§ 17.12.030 Application for hearing.
A.
Who Shall File. Any person desiring any permit, exception, or other approval required by, or provided for, in this chapter shall file an application therefor with the commission.
B.
Contents of Application. Such application shall state:
C.
Data With Application. In all cases where a public hearing is required, an applicant shall also file with each application:
1.
Four copies of white background prints of a map drawn to a scale specified by the director, showing the location of the property concerned, and the location of all highways, streets, and alleys and all lots and parcels of land within a distance of seven hundred feet from the exterior boundaries of the proposed use;
2.
One copy of such map shall show the use to which each and every lot and parcel of land is put;
3.
A certified list of all names and addresses of owners of real property as shown on the county's current equalized assessment roll, and a certified list of all addresses, including each address within a condominium or apartment complex, located within five hundred feet from the exterior boundaries of the proposed use.
The accuracy of such maps is the responsibility of the applicant.
(Prior code § 2-2-3; Ord. 968-06 § 4)
§ 17.12.040 Fees required-Deposits-Refunds.
A.
Required. For the purpose of defraying the expense involved in connection with any application required by this title, the city council shall establish by resolution certain filing fees to accompany such application.
B.
Additional to Other Required Fees. All fees and deposits required by this chapter are in addition to any license fee or fees which may now or hereafter be required by any statute or other ordinance.
C.
Accounting for Funds. The director shall keep a permanent and accurate account of all deposits received, giving the name of the applicant upon whose account the same was deposited, the date and amount thereof, together with the location of the premises to which they relate.
D.
Deficiencies and Refunds. If any application is withdrawn by the applicant prior to publication of notice of hearing, the city shall refund one-half of such paid fees or the unexpended portion remaining, whichever amount is the lesser.
(Prior code § 2-2-4)
§ 17.12.050 Withdrawal of application.
A petitioner or applicant for a special use permit, exception, or any other permit or approval provided for in this chapter, or change of zone, may withdraw the application at any time before hearing or before ex parte action by the commission by filing with the commission a request in writing signed by all persons who signed the original application or their successors in interest.
(Prior code § 2-2-5)
§ 17.12.060 Hearing-Planning commission's responsibility.
In all cases where a hearing is required by this chapter to grant, modify or revoke any permit, exception, or other approval, the planning commission shall hold such hearing.
(Prior code § 2-2-6)
§ 17.12.070 Hearing-Setting time and place-Notice.
A.
Setting Hearing. Upon the filing of an application pursuant to this chapter and the making of the required deposit to cover the fee and publication deposit, the director shall fix a time and place for a public hearing.
B.
Notice of Hearing. Not less than ten days prior to the date of any hearing, the director shall:
1.
Cause a copy of a notice of the time and place of such a hearing to be published once in a newspaper of general circulation in the city;
2.
Cause a notice by first-class mail, postage prepaid, to be mailed to: (i) all addresses, including each address within a condominium or apartment complex, located within five hundred feet from the exterior boundaries of the real property that is the subject of the application and (ii) all persons whose names and addresses appear on the latest available assessment roll as owning property within a distance of five hundred feet from the exterior boundaries of the real property that is the subject of the application or such other distance as required by the procedures governing a particular use and to such other persons whose property in the director's judgment might be affected by the establishment of the use requested;
3.
Cause a notice of the time and place of such hearing to be sent to such public officers, departments, bureaus or agencies who, in the opinion of the director, might be interested, requesting a report thereon;
4.
Cause a notice of the time, place and purpose of such hearing to be posted in at least three public places at least ten days before the hearing;
5.
If for a revocation, also serve upon the owner of the premises involved written notice of the time and place of such hearing either in the manner required by law for the service of summons, or by registered mail, postage prepaid;
6.
If the director finds that the publication and mailing required by subsections (B)(1) and (2) of this section will not give sufficient notice to those persons who may be affected, the director also shall post at such locations as he or she deems best suited to inform such persons, notices of the time and place of such hearing.
(Prior code § 2-2-7; Ord. 968-06 § 5)
§ 17.12.080 Hearing-Findings.
From the evidence introduced at such hearing the commission shall make findings and shall take such action as in its opinion is indicated by such evidence.
(Prior code § 2-2-8)
§ 17.12.090 Hearing-Continuance.
The planning commission may continue from time to time any hearing held by it. The city council may continue from time to time any hearing held by it.
(Prior code § 2-2-9)
§ 17.12.100 Approval-Modification-Revocation.
After a public hearing as provided for in this chapter, the commission may revoke or modify any permit, exception or other approval which has been granted either automatically or by special action of either the city council or the commission, pursuant to either the provisions of this chapter or of any ordinance superseded by this chapter on any one or more of the following grounds:
1.
That such approval was obtained by fraud;
2.
That the use for which such approval was granted is not being exercised;
3.
That the use for which such approval was granted has ceased or has been suspended for one year or more;
4.
That any person making use of or relying upon the permit, exception, or other approval, is violating or has violated any conditions of such permit, exception or other approval, or that the use for which the permit, exception, 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;
5.
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 code § 2-2-10)
§ 17.12.110 Revocation of permit.
If the property subject to an approved discretionary land use permit violates any provision of this title, or if there is a failure to comply with any conditions of approval, the director of community development shall refer the permit back to the planning commission. If the commission is not satisfied that the regulation or condition is being complied with, the commission shall hold a public hearing to consider the revocation of such permit. The public hearing shall be noticed and held in accordance with this chapter. Upon completion of the public hearing, the planning commission may, by resolution, revoke the permit, or it may take such other action as is necessary to ensure compliance. Within fifteen days following the date of the decision to revoke a permit, the director of community development shall transmit a written notice to the city council. The decision shall be final thirty days following the date on which the permit was revoked unless an appeal has been filed in accordance with this chapter.
(Prior code § 2-2-18; Ord. 600-88 § 6)
§ 17.12.120 Notice of action to applicant.
The planning commission shall serve upon the applicant for an exception, permit, or other approval, or upon the person the revocation of whose permit, exception, or other approval is under consideration, a notice of the action of the planning commission, either by serving such notice upon such person by personal delivery or by mailing such notice to such person by first class mail.
(Ord. 740-93 § 1)
§ 17.12.130 Appeal of commission action-Procedures.
A.
Filing Appeal. Any person dissatisfied with or aggrieved by an action of the planning commission to approve or disapprove a permit or exception, or to revoke or modify a permit or exception, may appeal such action to the city council. An appeal shall be filed by timely submitting to the city clerk a completed appeal form along with a filing fee in an amount as established by resolution of the city council. The timely filing of an appeal shall stay the effective date of the action of the planning commission until such time as the city council has finally acted on the appeal as set forth in this chapter. In the absence of a timely appeal, the action of the planning commission shall be final.
B.
Right of Councilmembers to Seek Review. In addition to those persons specified above, any member of the city council may seek to have any action of the planning commission reviewed by the full council, provided written notice of such review is filed within the time specified in this section for appeals. No fee shall be charged for such review. The notice shall not state the grounds for review. However, the review shall be conducted in accordance with the procedures established in this chapter for appeals. The right of councilmembers to seek review shall not extend to planning commissioners who shall have no right to bring appeals or review without paying the applicable fee.
C.
Time for Appeal. An appeal shall be filed within fifteen days after the date of personal delivery or mailing of the notice of the planning commission's action required by Section 17.12.120. If said notice is for any reason not delivered or mailed, an appeal shall be filed within thirty days after the date of the action of the planning commission. If the final appeal day falls on a Saturday, Sunday, or legally recognized holiday of the city, then the final appeal day shall be the next regular business day of the city.
D.
Notice of Appeal Hearing. Upon receipt of a timely appeal, the city clerk shall advise the secretary of the planning commission, who shall transmit to the city clerk the planning commission's complete record of the case. The city clerk shall agendize a city council hearing on the appeal for a date not exceeding sixty days after receipt of the appeal. All appeal hearings shall be given in the same manner as was required for the original public hearing before the planning commission. If the challenged action of the planning commission did not occur at a required public hearing, notice of the appeal hearing shall be given in accordance with Section 17.12.070.
(Ord. 740-93 § 1; Ord. 958-05 § 1)
§ 17.12.140 Appeal hearings.
A.
De Novo Hearing. At all appeal hearings, the city council shall decide the matter de novo as if no prior planning commission hearing had been held. All aspects of the planning commission's prior action, including the decision to approve or deny an application for a permit or exception, are reviewable by the city council.
B.
Evidence at Hearing. In deciding an appeal, the city council may consider any documentary or testimonial evidence presented at the appeal hearing as is necessary to render an informed decision on the matter.
C.
Continuance. The city council may continue an appeal hearing from time to time for the convenience of the parties, to allow additional evidence to be submitted, or to refer the matter back to the planning commission for further study or advice.
(Ord. 740-93 § 1)
§ 17.12.150 Council decision.
Upon conclusion of the appeal hearing, and any continuances thereof, the city council may affirm, reverse, or modify the prior action of the planning commission. The decision of the city council upon an appeal is final and conclusive as to all things involved in the matter.
(Ord. 740-93 § 1)