CONDITIONAL USE PERMITS
Sections:
The City recognizes that certain uses, due to the nature of use, intensity or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses or, through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose.
(Ord. 239 §11(part), 1993).
Applications for conditional use permits may be submitted only for those uses specified as conditional uses in the applicable zone district. If the proposed project does not comply with an applicable development standard, a separate variance application shall be filed. The conditional use permit and variance applications may be processed concurrently.
(Ord. 239 §11(part), 1993).
A.
An application shall be filed pursuant to the provisions of Chapter 17.30. Upon acceptance of a conditional use permit application as complete, Planning staff shall review the application for conformance with the provisions of this title. Planning staff shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission Secretary. The Secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 17.34.
B.
The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 17.34.
C.
The Commission shall act to approve, conditionally approve or deny the application.
D.
Within thirty calendar days following the decision of the Planning Commission, the Commission shall adopt a resolution containing its findings and decisions. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the conditional use permit necessary to carry out the provisions and general purpose of this title. If the conditional use permit is granted, the report shall recite the conditions and limitations imposed, if any.
E.
The Commission's resolution and notice of decision shall be filed with the City Clerk. The Clerk shall place the Commission's resolution and decision on an agenda of the City Council.
(Ord. 239 §11(part), 1993).
The decision of the Commission is considered final on the date the Commission adopts a resolution setting forth its decision. The decision shall become effective thirty days after the adoption of the resolution, unless an appeal has been filed or the City Council takes jurisdiction in accordance with the procedures specified in Chapter 17.54.
(Ord. 239 §11(part), 1993).
The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards:
A.
That the proposed conditional use is consistent with the General Plan;
B.
That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures;
C.
That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed;
D.
That the proposed conditional use complies with all applicable development standards of the zone district;
E.
That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities;
F.
That the proposed conditional use observes the spirit and intent of this title.
(Ord. 239 §11(part), 1993).
No conditional use permit shall be effective for any purpose until the applicant executes an affidavit provided by the City declaring that the applicant is aware of and accepts the conditions that have been imposed on the conditional use permit. Each conditional use permit granted shall have a condition to this effect. The executed affidavit shall be recorded with the County Recorder.
(Ord. 239 §11(part), 1993).
A.
After a conditional use permit application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional conditional use permit. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications.
B.
Any property owner, or his designated representative, seeking to modify an approved conditional use permit shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications.
C.
Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original conditional use permit approval. An action of the City Manager to deny a request for minor modification may be appealed by the applicant to the Planning Commission as provided for in Chapter 17.55 of this title.
D.
Major modifications shall be considered a new project. As such, a new application for conditional use permit shall be required, and the application shall be reviewed as provided for in this chapter.
(Ord. 301 §6 (Exh. A (part)), 2006).
(Ord. No. 327, § 6 (Exh. A, Pt. 33), 6-11-2012)
The following time limits shall apply to approved conditional use permits:
A.
Use of Conditional Use Permit.
1.
Any conditional use permit which is not used within the time specified in the grant of approval, or, if no time is specified, within two years of the effective date of such approval, shall become null and void and of no effect. The Planning Commission may extend such approval for a period not to exceed two years, provided an application requesting the extension is filed prior to the original expiration date.
2.
Extensions of conditional use permits for temporary manufactured homes may be granted for subsequent one-year periods until the permit is revoked pursuant to Chapter 17.58 of this code. A hearing shall be conducted for each extension pursuant to Section 17.34.070 of this code.
3.
For the purpose of this section, "used" means the commencement of grading or construction or any activity authorized by the grant.
(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 239 §11(part), 1993).
A conditional use permit that is valid and in effect and granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.
(Ord. 239 §11(part), 1993).
CONDITIONAL USE PERMITS
Sections:
The City recognizes that certain uses, due to the nature of use, intensity or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses or, through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose.
(Ord. 239 §11(part), 1993).
Applications for conditional use permits may be submitted only for those uses specified as conditional uses in the applicable zone district. If the proposed project does not comply with an applicable development standard, a separate variance application shall be filed. The conditional use permit and variance applications may be processed concurrently.
(Ord. 239 §11(part), 1993).
A.
An application shall be filed pursuant to the provisions of Chapter 17.30. Upon acceptance of a conditional use permit application as complete, Planning staff shall review the application for conformance with the provisions of this title. Planning staff shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission Secretary. The Secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 17.34.
B.
The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 17.34.
C.
The Commission shall act to approve, conditionally approve or deny the application.
D.
Within thirty calendar days following the decision of the Planning Commission, the Commission shall adopt a resolution containing its findings and decisions. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the conditional use permit necessary to carry out the provisions and general purpose of this title. If the conditional use permit is granted, the report shall recite the conditions and limitations imposed, if any.
E.
The Commission's resolution and notice of decision shall be filed with the City Clerk. The Clerk shall place the Commission's resolution and decision on an agenda of the City Council.
(Ord. 239 §11(part), 1993).
The decision of the Commission is considered final on the date the Commission adopts a resolution setting forth its decision. The decision shall become effective thirty days after the adoption of the resolution, unless an appeal has been filed or the City Council takes jurisdiction in accordance with the procedures specified in Chapter 17.54.
(Ord. 239 §11(part), 1993).
The Commission (and Council on appeal), in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this title. In making such a determination, the hearing body shall find that the proposed use is in general accord with the following principles and standards:
A.
That the proposed conditional use is consistent with the General Plan;
B.
That the nature, condition and development of adjacent uses, buildings and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, building or structures;
C.
That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed;
D.
That the proposed conditional use complies with all applicable development standards of the zone district;
E.
That the proposed use is consistent with the portions of the Los Angeles County Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities;
F.
That the proposed conditional use observes the spirit and intent of this title.
(Ord. 239 §11(part), 1993).
No conditional use permit shall be effective for any purpose until the applicant executes an affidavit provided by the City declaring that the applicant is aware of and accepts the conditions that have been imposed on the conditional use permit. Each conditional use permit granted shall have a condition to this effect. The executed affidavit shall be recorded with the County Recorder.
(Ord. 239 §11(part), 1993).
A.
After a conditional use permit application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered by the City Manager or the Planning Commission, provided the request would not trigger additional conditional use permit. The City Manager or his designee shall have the authority to review and act upon minor modifications, and the Planning Commission shall have the authority to review and act upon major modifications, as prescribed in the following paragraphs. The City Manager shall establish criteria for minor and major modifications.
B.
Any property owner, or his designated representative, seeking to modify an approved conditional use permit shall notify the City Manager of the intent. The property owner shall provide the City Manager, or his designee, with two copies of the modified plans and a written description of the proposed modifications. The City Manager, or his designee, shall determine whether the proposed modifications are considered minor modifications or major modifications.
C.
Minor modifications may be approved by the City Manager, or his designee, as an administrative item and shall not require a public hearing or notice. Evidence of an approved minor modification shall be provided in writing to the property owner and shall be filed with the original conditional use permit approval. An action of the City Manager to deny a request for minor modification may be appealed by the applicant to the Planning Commission as provided for in Chapter 17.55 of this title.
D.
Major modifications shall be considered a new project. As such, a new application for conditional use permit shall be required, and the application shall be reviewed as provided for in this chapter.
(Ord. 301 §6 (Exh. A (part)), 2006).
(Ord. No. 327, § 6 (Exh. A, Pt. 33), 6-11-2012)
The following time limits shall apply to approved conditional use permits:
A.
Use of Conditional Use Permit.
1.
Any conditional use permit which is not used within the time specified in the grant of approval, or, if no time is specified, within two years of the effective date of such approval, shall become null and void and of no effect. The Planning Commission may extend such approval for a period not to exceed two years, provided an application requesting the extension is filed prior to the original expiration date.
2.
Extensions of conditional use permits for temporary manufactured homes may be granted for subsequent one-year periods until the permit is revoked pursuant to Chapter 17.58 of this code. A hearing shall be conducted for each extension pursuant to Section 17.34.070 of this code.
3.
For the purpose of this section, "used" means the commencement of grading or construction or any activity authorized by the grant.
(Ord. 295 §7 (Exh. B (part)), 2004: Ord. 239 §11(part), 1993).
A conditional use permit that is valid and in effect and granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.
(Ord. 239 §11(part), 1993).