This Chapter is intended to establish administrative procedures for all types of matters, permits and approvals for which action is provided in this Title 21. Public hearings shall be conducted in connection with each of the procedures so established by such hearing bodies and officers as are indicated in Table 21-1.

(Ord. C-6533 § 1 (part), 1988)

Four (4) hearing bodies or officers shall make decisions on the various procedures provided for in this Title 21 as follows:

A.

City Council. The City Council shall be responsible for actions indicated in Table 21-1. City Council actions on zoning amendments and rezonings are hearings and shall follow the noticing procedures set forth in this Chapter.

B.

Planning Commission. The Planning Commission shall be responsible for the hearings indicated in Table 21-1.

C.

Zoning Administrator. The Zoning Administrator is established to provide, among other things, a hearing officer to conduct public hearings as specified in Table 21-1. The Zoning Administrator shall be a Planning Officer designated by the Director of Planning and Building with the approval of the Planning Commission. In the absence of the Zoning Administrator, the Director of Planning and Building may assume the responsibilities of the Zoning Administrator or may designate a Planner III or other higher designation.

D.

Site Plan Review Committee. The Site Plan Review Committee shall consist of the Director of Planning and Building and two (2) planning officers designated by him/her.

(Ord. C-7247 § 1, 1994: Ord. C-6933 § 5, 1991; Ord. C-6895 § 3, 1991: Ord. C-6533 § 1 (part), 1988)

A.

General. Any procedure provided for in this Title 21, including, but not limited to, amendment of the Zoning Regulations, change of a zoning district, issuance of conditional use permits, variances, administra-tive use permits, site plan review, classification of uses and density bonuses may be initiated by application of the owner of any real property in the City directly affected by the procedure, or his authorized agent. The Director of Development Services may request proof of ownership or authorization to apply prior to acceptance of any such application.

B.

Zoning and Zoning Regulations. An amendment to the Zoning Regulations and a change of zoning district may also be initiated by:

1.

Direction by action of the City Council or the Planning Commission; or

2.

Direction of the Director of Development Services with the consent of the Planning Commission.

C.

Filing Fee. A filing fee shall accompany each application as required by Section 21.21.701.

D.

Complete Application. No application shall be considered complete until applicable forms are filed, the required fee is paid, and additional information as required by the Director of Development Services, is received. The Director of Development Services shall determine when an application is complete, and the determination of the Director shall be final.

(ORD-20-0018 § 1, 2020; Ord. C-6533 § 1 (part), 1988)

Table 21-1
Discretionary Review Responsibilities

Abbreviations: SPRC = Site Plan Review Committee; ZA = Zoning Administrator; PC = Planning Commission; CC = City Council

(a) Planning Commission establishes types of projects subject to Planning Commission review. Such projects can be appealed to the City Council.

(b) Also appealable to California Coastal Commission if the project site is located within the appealable area.

(c) The Zoning Administrator may refer such application to the Planning Commission for consideration. In this case, the City Council shall serve as the appeal body.

(d) See Section 21.21.302 (Noticing of hearings) for noticing requirements.

(ORD-20-0018 § 2, 2020; ORD-16-0009 § 1, 2016; Ord. C-7378 § 2, 1995)

A.

General. Notice shall be given for all hearings requiring notice as set forth in Table 21-1 not less than fourteen (14) days, nor more than forty-five (45) days prior to the hearing. In addition to the notice required by this Section, the City may give notice of the hearing in any other manner it deems necessary or desirable, but, in any event, notice shall be given by the means set forth in this Section.

B.

For Noticing of Zone Changes and Other Specified Procedures. For noticing of a zone change, conditional use permit, standards variance, administrative use permit, planned development district, local coastal permit, special setback lines, density bonus, or any other planning or zoning matter not otherwise specifically provided for herein:

1.

Owners and Occupants. Notice of hearing shall be mailed or delivered to the owner of the subject real property or to the owner's duly authorized agent. One (1) notice of hearing shall also be mailed or delivered to each tenant household or to each commercial tenant as applicable, of the subject real property;

2.

Project Applicant. Notice shall be mailed or delivered to the project applicant;

3.

Local Agencies. Notice of the hearing shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

4.

Public Notification.

a.

(1)

For residential or commercial projects, notice of the hearing shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within three hundred feet (300') of the real property that is the subject of the hearing. Notice of hearing shall also be mailed or delivered to all tenants, as applicable, of real property that is located within three hundred feet (300') of the real property that is subject to the hearing.

(2)

For all industrial, institutional or City projects, notice of the hearing shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within one thousand feet (1,000') of the real property that is the subject of the hearing. Notice of hearing shall also be mailed or delivered to all tenants, as applicable, of real property that is located within one thousand feet (1,000') of the real property that is subject to the hearing.

(3)

The notification radius for mailed notices shall be extended in the following circumstances:

i.

Projects that are outside of, but within three hundred feet (300'), of any residential zone - extend radius by that distance, for a notification radius of 300 feet plus distance from closest residential zone.

ii.

Projects requesting reduced or shared parking: extend radius by 450 feet, for a notification radius of 750 feet.

iii.

When the use has a buffer requirement (such as a 500-foot separation), increase the notification radius to match the buffer requirement.

iv.

When project falls within more than one (1) category described in subsections i—iv, the greater requirement shall prevail.

(4)

For notices on City-owned property in the Port of Long Beach and the Long Beach Airport, notices shall also be mailed and delivered to the leasehold interests on those properties. Notices sent to leaseholders shall count in determination of the twenty (20) notice minimum.

(5)

In lieu of utilizing the assessment roll, the City may utilize records of the county assessor or tax collector which contain more recent information than the assessment roll. In no event shall less than a minimum of twenty (20) nearest property owners, or owners and leaseholders as specified above, be notified.

(6)

Notice of the hearing shall also be mailed or delivered to resident managers of any multifamily residential rental units where the property owner is not an on-site occupant when the fact of non-occupancy is known to the person charged with the responsibility of mailing or delivering notice.

(7)

Measurement of the distance for notification pursuant to this Subsection shall begin at the property boundary of the real property that is the subject of the hearing.

(8)

Whenever the number of properties to whom notice would be mailed or delivered exceeds one thousand 1,000, the City may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation within the jurisdiction where the hearing is being conducted.

(9)

All notices, regardless of radius, shall be posted to the City's website, along with other forms of electronic communication that are specified with an approved electronic communications policy.

b.

In a City-initiated zoning remapping program, if the number of properties to whom notice would be mailed or delivered pursuant to this Subsection is greater than one thousand (1,000), the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation within the local agency in which the proceeding is conducted at least ten (10) and not more than forty-five (45) days prior to the hearing; and

5.

Posting.

a.

Notice of the hearing shall be posted at least fourteen (14) days prior to the hearing in at least three (3) public places within the boundaries of the City, including one (1) public place in the area, if any, most directly affected by the proceedings. In addition, the applicant or owner of the real property which is the subject of the hearing shall post a sign of at least thirty inches (30") by forty inches (40") on each street face of the real property that is the subject of the hearing, the content of which sign shall be subject to the prior approval of development services staff.

b.

Building height variance applicants shall erect story poles which accurately represent the full extent of the proposed structure to the satisfaction of the Director of Development Services, including decks and eaves, at least fourteen (14) calendar days prior to the first public hearing and remain in place through the end of the appeal period.

6.

Noticing of Actions in the Coastal Zone. Additionally, when notice is required to be given for any matter in the coastal zone, in addition to any and all other notices required by this Subsection, notice shall be mailed to the California Coastal Commission and to all persons requesting notice for the individual matter or for all coastal zone hearings, and to all residents within one hundred feet (100') of the site.

C.

For noticing of a zoning ordinance amendment:

1.

Publishing Advertisement. Notice of the hearing shall be published pursuant to Section 6061 of the California Government Code in at least one (1) newspaper of general circulation within the City;

2.

Posting. Notice of the hearing shall be posted at least fourteen (14) days prior to the hearing in at least three (3) public places within the boundaries of the City, including one (1) public place in the area, if any, most directly affected by the proceeding;

3.

Mailing. Notice of the hearing shall be mailed, together with all proposed changes, additions, modifications or deletions to all City libraries and to anyone requesting such notice; and

4.

Amendments in the Coastal Zone. For any matter in the coastal zone, in addition to any and all other notices required by this Subsection, notice shall be mailed to the California Coastal Commission and to all persons requesting notice for the individual matter or for all coastal zone hearings, and to all residents within one hundred feet (100') of the site.

D.

For Noticing of Appeals:

1.

Responsibility for Noticing. A notice of the public hearing on the appeal shall be mailed by the Department of Development Services for appeals to the City Planning Commission, and by the City Clerk for appeals to the City Council.

The notice shall contain the same information as the original notice except that it shall also give the appellant's name and state that the hearing is an appeal.

2.

Persons to be Noticed. Notice of the hearing shall be mailed to the applicant and to all persons entitled to mailed notice and to any known aggrieved person, as specified in Subsection 21.21.302.B, not less than ten (10) days prior to the hearing. A person shall not be considered aggrieved for purposes of receiving this notice if the only indication of interest is the signing of a petition unless that person indicates on the petition that he wishes to receive notice.

3.

Appeals in the Coastal Zone. For any matter in the coastal zone, in addition to any and all other notices required by this Subsection, notice shall be mailed to the California Coastal Commission and to all persons requesting notice for the individual matter or for all coastal zone hearings, and to all residents within one hundred feet (100') of the site.

(ORD-18-0025 § 8, 2018; ORD-09-0016 § 1, 2009; ORD-08-0020 § 1, 2008; Ord. C-7247 § 2, 1994; Ord. C-7032 § 7, 1992; Ord. C-6589 § 1, 1989)

All notices shall contain, as a minimum, the following information:

A.

The applicant's name;

B.

The filing date;

C.

The case number for the project;

D.

The location of the project, including an indication of whether it is in the coastal zone;

E.

An indication of whether the project is appealable to the Coastal Commission;

F.

A description of the project;

G.

The reason for the public hearing;

H.

The date, time and place of the public hearing;

I.

The general procedures for the hearing and the receipt of public comments;

J.

The means for appeal, including an appeal to the Coastal Commission when applicable; and

K.

A statement stating substantially the following:

"If you challenge the action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or issues raised via written correspondence delivered to the (public entity conducting the hearing) at or prior to the public hearing".

(Ord. C-6533 § 1 (part), 1988)

A.

Documentation. When notice for any hearing is given pursuant to this Division, the following documentation shall be deemed sufficient to serve as proof that such notice was given pursuant to the requirements of law:

1.

Publication. When notice is given by publication, an affidavit of publication by the newspaper in which publication is made showing, among other things, the date or dates of publication;

2.

Mailing or Delivery. When notice is given by mailing or delivery, an affidavit or proof of mailing/delivery showing, among other things, the date or dates of mailing/delivery, the person making such mailing/delivery and the persons and entities to which mailing/delivery is made;

3.

Posting. When notice is given by posting, an affidavit or proof of posting showing, among other things, the date or dates of posting, the person making or causing such posting to be made and the location at which posting was made.

B.

Official Files Required. All documentation provided for in this Section shall be maintained in the official files of the hearing for which notice was given.

C.

Failure to Provide Documentation or Receive Notice. Failure of documentation to be prepared or maintained pursuant to this Section shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given nor shall the failure of any person or entity to receive notice given pursuant to this Division constitute grounds for any court to invalidate the actions of the City for which the notice was given.

(Ord. C-6533 § 1 (part), 1988)

A.

Purpose. The purpose of this Division IV is to set forth procedures for the conducting of public hearings as a means of providing decision-makers with a method for receiving and considering comments on various discretionary matters considered by them under the provisions of this Title 21 prior to acting on such matters.

B.

Right to Comment. Prior to the public hearing, any person affected by the pending application may file with the Department of Planning and Building a written statement either supporting or objecting to the application. Any such person may also appear at a public hearing to present oral testimony.

(Ord. C-6533 § 1 (part), 1988)

A.

Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, partially approve, deny, continue or take under advisement the subject of the public hearing.

B.

Hearings continued to a date certain shall be exempt from re-noticing in accordance with Division III "Notice of Hearings."

(ORD-19-0028 § 5, 2019; ORD-08-0020 § 2, 2008: Ord. C-6533 § 1 (part), 1988)

Whenever an application has been denied and the denial becomes final, no new application for the same or similar request may be accepted within one (1) year of the denial date, unless the Zoning Administrator finds that a sufficient change in circumstances has occurred to warrant a new application.

(Ord. C-6533 § 1 (part), 1988)

The Director of Planning and Building shall have continuing jurisdiction over all permits issued and approvals given under the provisions of this Title and shall be responsible for monitoring compliance with the provisions and conditions of issuance or approval.

(Ord. C-6533 § 1 (part), 1988)

An approved permit, variance or other entitlement may be modified as long as the modification is found to further the purposes of the Zoning Regulations. The hearing body which granted the original approval must consider and act on the modification within sixty (60) days of receiving the modification request. If the Zoning Administrator finds that the modification will not significantly alter the original approved action, notice of hearing on the requested modification shall be given to any person or entity whom the Zoning Administrator determines was aggrieved at the original hearing. If the Zoning Administrator finds that the modification may significantly alter the original approved action, notice of hearing on the requested modification shall be given as required for an initial hearing as shown on Table 21-1. For the purposes of this Section, a significant alteration shall include, but is not limited to, a request to relocate the project to a new location other than that approved by the permit, or a request to change the size of the project as approved by the permit by more than ten percent (10%).

(Ord. C-7663 § 3, 1999: Ord. C-6533 § 1 (part), 1988)

A.

Except as otherwise provided in the conditions of approval, every right or privilege authorized under this Title shall terminate three (3) years after the granting of the request and be of no further force and effect if the right or privilege has not been commenced within that two-year period. The termination will take effect without further City action if a timely request for extension of time has not been made or is denied. Any interruption or cessation necessitated by publicly declared emergency, fire, flood, earthquake or act of war or vandalism or cessation shall not result in the termination of the right or privilege.

B.

Upon written request received prior to the expiration of the permit, a one (1) year extension of the right or privilege may be granted by the Zoning Administrator. The request may be granted upon a finding that no substantial change of circumstances has occurred and that the extension would not be detrimental to the purpose of the Zoning Regulations. Notice of the requested extension shall be given to any person determined by the Zoning Administrator to have been aggrieved at the original hearing. Any person aggrieved by the Zoning Administrator's decision on an extension request may appeal that decision to the Planning Commission.

C.

Any right or privilege approved under this Title between January 1, 2018 and the effective date of this ordinance shall be effective for a period of forty-eight (48) months from the date of issuance at which time it will expire and be of no further force or effect.

(ORD-20-0023 § 1, 2020; ORD-16-0028 § 9, 2016; Ord. C-6533 § 1 (part), 1988)

A.

Authorization. Any aggrieved person may appeal a decision on any project that required a public hearing. Pursuant to Section 21.15.120, an Aggrieved person is any person who testified personally or through a representative at a public hearing; or who informed the staff of the Department of Development Services in writing prior to the hearing of an interest in the subject of a hearing.

B.

Jurisdiction. The Planning Commission shall have jurisdiction on appeals of interpretations made pursuant to Section 21.10.045 and decisions issued by the Zoning Administrator and Site Plan Review Committee, and the City Council shall have jurisdiction on appeals from the Planning Commission as indicated in Table 21-1. Decisions lawfully appealable to the California Coastal Commission shall be appealed to that body.

C.

Except as specified by this Code, decisions that are recommendations to the Planning Commission or to the City Council are not subject to appeal.

(ORD-19-0011 § 2, 2019; Ord. C-7326 § 5, 1995: Ord. C-6533 § 1 (part), 1988)

An appeal must be filed within ten (10) days after the decision for which a public hearing was required is made.

(Ord. C-6533 § 1 (part), 1988)

All appeals shall be filed with the Department of Planning and Building on a form provided by that Department.

(Ord. C-6533 § 1 (part), 1988)

A public hearing on an appeal shall be held:

A.

In the case of appeals to the Planning Commission, within sixty (60) days of the date of filing of the appeal with the Department of Planning and Building; or

B.

In the case of appeals to the City Council, within sixty (60) days of the receipt by the City Clerk from the Department of Planning and Building of the appeal filed with the Department.

C.

The Director of Development Services may provide an extension of the period for an appeal to be adjudicated for up to ninety (90) days.

(ORD-19-0011 § 3, 2019; Ord. C-6533 § 1 (part), 1988)

All decisions on appeal shall address and be based upon the same conclusionary findings, if any, required to be made in the original decision from which the appeal is taken.

(Ord. C-6533 § 1 (part), 1988)

A.

Decision Rendered. After a decision on an appeal has been made and required findings of fact have been adopted, that decision shall be considered final and no other appeals may be made except:

1.

Projects located seaward of the appealable area boundary, as defined in Section 21.25.908 (Coastal Permit—Appealable Area) of this Title, may be appealed to the California Coastal Commission; and

2.

Local coastal development permits regulated under the City's Oil Code may be appealed to the City Council.

B.

No Appeal Filed. After the time for filing an appeal has expired and no appeal has been filed, all decisions shall be considered final, provided that required findings of fact have been adopted.

C.

Local Coastal Development. Decisions on local coastal development permits seaward of the appealable area shall not be final until the procedures specified in Chapter 21.25 (Coastal Permit) are completed.

(Ord. C-6533 § 1 (part), 1988)

A.

Appellants. Any person who appeared before the Board of Harbor Commissioners (the "Board") and objected to the Board's: (1) certification of an environmental impact report, (2) approval of a negative declaration or mitigated negative declaration, or (3) determination that a project is not subject to the California Environmental Quality Act ("CEQA") (collectively "environmental determinations"), may appeal that environmental determination to the City Council.

B.

Time to File an Appeal. An appeal of an environmental determination by the Board ("appeal") must be filed within ten (10) business days after the environmental determination.

C.

Filing Fee. No filing fee will be charged for an appeal.

D.

Place to File. An appeal must be filed with the City Clerk.

E.

Contents of Appeal. There is no required form for an appeal, but all appeals shall be in writing and shall contain the following information:

1.

The name, address and telephone number of the person filing the appeal (the "appellant").

2.

All grounds for the appeal, specifying in detail why the appellant contends that the environmental determination does not comply with CEQA.

3.

Evidence that each ground for the appeal was submitted to the Board by the appellant or another person before the environmental determination.

4.

All documentation the appellant relies on in support of the appeal.

F.

Effect of an Appeal. The filing of an appeal will stay the effect of: (1) the environmental determination; (2) any project approval made pursuant to the environmental determination; and (3) any notice of determination; until the City Council renders a decision on the appeal.

G.

Hearing on the Appeal. The City Clerk shall set a hearing on the appeal on the agenda of the City Council not more than sixty (60) days from the date the appeal is filed with the City Clerk.

H.

Notice of Hearing. The City Clerk shall provide notice of the hearing to the appellant and to the board not less than ten (10) business days before the hearing.

I.

Conduct of the Hearing. The appellant shall have an opportunity to present its grounds for contending that the environmental determination does not comply with CEQA and the harbor department shall have an equal opportunity for rebuttal. Any other interested persons shall be limited to three (3) minutes each to state their views on the appeal.

J.

City Council Decision. Following the hearing, the City Council may either: (1) deny the appeal and affirm the environmental determination; or (2) grant the appeal, set aside the environmental determination and remand to the Board.

(ORD-06-0020 § 1, 2006)

Except as otherwise provided, upon determination that there has been a violation of the terms or conditions or lawful requirements or provisions of any permit or approval provided by this Title, the Zoning Administrator shall schedule a public hearing before the City Council, Planning Commission or Zoning Administrator, whichever granted the permit or approval, to determine if the permit or approval should be revoked.

(Ord. C-6533 § 1 (part), 1988)

A.

At the hearing the Zoning Administrator shall present evidence of the violation.

B.

If the hearing body or Hearing Officer finds that the conditions have been violated and that the property owner has not made a good faith effort to comply, the permit or approval shall be revoked.

C.

The property owner shall have the same right of appeal as would have been applicable if the initial application had been denied by the person or body granting the permit.

(Ord. C-6533 § 1 (part), 1988)

A.

Fees Required. Every person submitting an application for any procedure, entitlement, permit or approval pursuant to this Title 21 shall pay a fee as set forth in the schedule of fees for Title 21 established by City Council resolution. Required fees shall be paid at the time of filing of any application.

B.

Purpose of Fees. Such fees are imposed for the purpose of reimbursing the City for costs incurred in investigating and acting upon an application and for administering the provisions of this Title relating to the application.

C.

Refund of Fees. Fees shall not be refunded if the City has incurred costs in connection with the application, but partial and prorated refunds may be granted by the City if projects are withdrawn prior to the public hearing.

(Ord. C-6533 § 1 (part), 1988)

No person shall commence or maintain any legal action under this Title 21 until that person has exhausted all administrative remedies.

(Ord. C-6533 § 1 (part), 1988)

A.

Any legal action or proceeding to attack, review, set aside, void or annul any decision or matter or proceedings provided in this Title shall be commenced within thirty (30) days after the decision becomes final; except that legal action on developments in the coastal zone taken under the provisions of Division 20, Chapter 9, Section 30000 et seq., of the Public Resources Code shall be commenced within sixty (60) days after the decision becomes final.

B.

Thereafter, all persons are barred from bringing the action or proceedings or from raising any issue of invalidity or unreasonableness of the decision.

(Ord. C-6533 § 1 (part), 1988)