A.   Submission Of An Application: Any person desiring a variance or conditional use permit may file an application with the secretary of the commission. No person may resubmit for one year an application for a variance or conditional use permit that is substantially the same as a variance or conditional use permit the council or commission has already denied. (Ord. 096-1093, 7-10-1996)

   B.   Fees:

      1.   Application Fee: Fees for a variance, conditional use permit or modifications of a previously approved variance or conditional use permit shall be set by city council resolution.

      2.   Penalties For Unauthorized Construction: In the event that construction which is inconsistent with a conditional use permit or variance is performed, any application for an amendment to the previously approved conditional use permit or variance to bring the conditional use permit or variance into conformity with the construction shall be accompanied by an additional fee as provided in this subsection as a penalty for the unauthorized construction. The penalty fee shall be based on the valuation of the construction as reflected on the building permit issued in connection with the conditional use permit or variance and shall be calculated as set by city council resolution. (Ord. 0-07-1191, 10-10-2007)

      3.   Procedures Prior To Imposition Of Penalty Fees: No penalty shall be imposed pursuant to subsection B2 of this section until the city staff determines that unauthorized construction has occurred and the applicant or property owner or a representative of the applicant or property owner has been given an opportunity to discuss that determination with the director of planning and building.

      4.   Refund Of Penalty And Fees: The penalty and application fees shall be refunded if the commission finds that the construction was, in fact, consistent with the originally approved conditional use permit or variance.

      5.   Appeal To The Council: If the commission finds that the construction was inconsistent with the conditional use permit or variance, the applicant may appeal that determination to the council by filing with the city clerk a written notice of appeal, accompanied by an appeal fee in an amount established by resolution of the council, within ten (10) days of the commission's determination. The penalty, application and appeal fees shall be refunded if the council determines that the construction was, in fact, consistent with the originally approved conditional use permit or variance.

      6.   Judicial Review: If the council determines that the construction was inconsistent with the conditional use permit or variance, that determination shall constitute a final administrative action of the city and the applicant may seek a judicial review of that decision in the manner provided by law.

      7.   Removal Of Unauthorized Construction: Payment of the penalty shall not preclude the City from disapproving an amendment and requiring the applicant to bring the construction into conformity with the previously approved conditional use permit or variance.

   C.   Application Forms: Applications shall be submitted on forms supplied by the secretary of the Commission and shall be signed or countersigned by the owner(s) of the property and the applicant if different from the owner. The applicant shall supply a list of names and addresses of all owners of property within three hundred feet (300') of the property lines of the subject premises according to the latest available equalized assessment roll of the County of Los Angeles.

   D.   Initiation Of Hearings: The Commission may, on its own motion, or if instructed by the Council, shall, without the filing of any application, set a date and hold a hearing for the purpose of considering the granting, modification or revocation of a variance or conditional use permit.

   E.   Processing Of Application:

      1.   Upon receipt of any application for or initiation of a variance or conditional use permit, the secretary of the Commission shall set a time and place for public hearing thereon, to be held not less than fifteen (15) days nor more than ninety (90) days thereafter. Not less than ten (10) days before the date of such public hearing, public notice shall be given of such hearing in the following manner:

         a.   By one publication in a newspaper of general circulation within the City of a notice which shall state the nature of the application, the location of the property and the time and place of the hearing; and

         b.   By mailing a notice to each property owner whose name and address appear in such application, informing such owner of the nature of the application, the location of the property and the time and place of the hearing.

      2.   The failure on the part of any person to receive or to give due and careful consideration to any such published or mailed notice shall not affect the validity of the proceedings, provided that such publication and mailing shall have been done in good faith.

   F.   Investigation Of Facts Bearing On Application: The Commission shall cause to be made by its own members, or a member of its staff, such investigation of the facts bearing on the application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this Chapter.

   G.   Public Hearing Generally: A public hearing shall be held before the Commission at the time and place for which notice has been given. Any such hearing may be continued or adjourned to a later date if, prior to such continuation or adjournment, the chairperson of the Commission presiding announces the time and place to which it will be continued or adjourned. The Commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying thereat, shall be recorded in the minutes.

   H.   Decision Of Commission: Within thirty (30) days after the conclusion of the public hearing on an application for a variance or a conditional use permit, the Commission shall render its decision either for the granting of the application with or without conditions, or denying the application. The decision shall recite the findings of fact upon which the decision is based. The failure of the Commission to render its decision within thirty (30) days after the conclusion of the hearing shall be deemed to constitute a denial unless, by common consent, the Planning Commission and the applicant agree to extend such time limit.

   I.   Notice Of Action Taken On A Request For A Variance Or Conditional Use Permit:

      1.   The Commission shall notify the applicant for a variance and/or conditional use permit or the person owning or operating a use or development for which a revocation or modification of a variance or conditional use permit is under consideration of the action taken.

      2.   Said notification of the action by the Commission shall be made by mailing a written notice.

      3.   Written notice may be dispensed with whenever the applicant or landowner of the property shall have in writing acknowledged the action taken. (Ord. 096-1093, 7-10-1996)

The Commission shall consider applications for a conditional use permit and may deny or, with or without conditions, approve any application in general accord with the following principles and standards as determined by the Commission based on findings and conclusions drawn from information and evidence presented at a public hearing or hearings:

   A.   Before any conditional use permit may be granted, it shall be demonstrated and the Planning Commission must find all of the following to be true:

      1.   That the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing in or working in the area of such proposed use nor be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the City; and

      2.   That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls and fences, parking and loading, landscaping and other development features prescribed in this Chapter or required by the Commission in order to integrate said conditional use with the land and uses in the neighborhood; and

      3.   That proposed conditional use will not have a detrimental effect upon the nature, condition and development of nearby uses and buildings; and

      4.   That the site for the proposed conditional use will relate to streets and highways adequate in width and pavement to carry the kind and quantity of traffic such use would generate.

   B.   The Commission may, in granting a conditional use permit, impose such conditions as are necessary to protect the public health, safety and general welfare, and assure compliance with the provisions and standards included in this Chapter, including, but not limited to:

      1.   Special yards, open spaces and buffer areas.

      2.   Fences and walls.

      3.   Surfacing of parking areas and driveways to specified standards.

      4.   Street dedications and improvements.

      5.   Vehicular ingress and egress.

      6.   Landscaping and maintenance of grounds.

      7.   Regulation of nuisance factors, such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation.

      8.   Regulations of operating hours for activities affecting normal neighborhood schedules and functions.

      9.   Regulation of signs and outdoor advertising.

      10.   Establish a validation period limiting the time in which development may begin.

      11.   Require a bond or other security that the proposed conditional use will be removed on or before a specified date.

      12.   Require a site plan indicating all details and data as prescribed in this Chapter.

      13.   Dedication or conveyance to the City or affected public utility of appropriate public and utility easements.

      14.   Require 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 the intent and purpose of this Chapter.

   C.   No permit shall be issued for nor be effective to permit any use if the same is prohibited by other provisions of this Code. No conditional use shall be presumed as permitted use, and the burden of proof shall be upon the applicant to show persuasive grounds for such permit. (Ord. 096-1093, 7-10-1996)

The Commission shall give consideration to applications for a variance and may deny or, with or without conditions, approve any application in general accord with all of the following principles and standards as determined by the Commission based on findings and conclusions drawn from information and evidence presented at a public hearing:

   A.   Before any variance may be granted, it shall be demonstrated, and the Commission must find all of the following to be true:

      1.   That strict application of the regulations and standards of this Chapter will result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of said regulations and standards; and

      2.   That the variance, if granted, will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated; and

      3.   That, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this Chapter will deprive the applicant of a reasonable utilization of such property; and

      4.   That the use or development applied for will not be materially detrimental to the public health, safety or general welfare or injurious to property or improvements in the zone or neighborhood in which the property is located; and

      5.   That, because of circumstances relating to or conditions applicable to the property in question, it would be unreasonable and a deprivation of any practical use of the property to deny such variance; except whenever the application involves a fence, yard, setback or bulk variance (as opposed to a use, parking or other type variance), it shall not be necessary to make a finding on this point.

   B.   The Commission may, in granting a variance, impose such conditions as are necessary to protect the public health, safety and general welfare and assure compliance with the provisions and standards included in this Chapter, including, but not limited to:

      1.   Granting a variance for a limited period of time.

      2.   Granting a variance for a temporary expansion or extension of a use, lawful because of a previously granted variance, on conditions that both variances shall terminate on the indicated date and the property shall thereafter be used for such purposes as are permitted in the zone in which such property is located.

      3.   Granting a variance confining the use to designate portions of the property or restricting function of the use to specific days or designated times in a day.

      4.   Granting a variance limiting, restricting or prohibiting uses made of the property, even if such uses are lawful without granting of the variance, even including requiring fulfillment of specific conditions prior to establishment of the use in question.

      5.   Imposing protective buffering improvements.

      6.   Controlling access and parking.

      7.   Imposing any of the conditions set forth in subsection 23.07.02B of this Article.

      8.   Requiring the improvement or demolition of existing structures and uses.

      9.   Imposing any other reasonable condition. (Ord. 096-1093, 7-10-1996)

   A.   If any provision or condition of a conditional use permit or variance is held or declared to be invalid, said permit or approval shall be void, and all privileges granted thereunder shall lapse.

   B.   The Commission may revoke or modify any previously granted variance or conditional use permit after a public hearing if the Commission makes one or more of the following findings:

      1.   That such grant or approval was obtained by fraud.

      2.   That the use or development for which such grant or approval was made is not being exercised.

      3.   That the grant is being or has recently been exercised contrary to one or more of the conditions prescribed in said permit or approval or in violation of other applicable statutes, ordinances, laws or regulations. Under such circumstances, the permit or approval shall be suspended, and the privileges granted thereunder shall lapse, provided the applicant has been tendered a written notice to cease such violation and has failed to do so within thirty (30) days following receipt of such notice.

      4.   That the grant is so exercised as to be detrimental to the public health or safety or so as to be a nuisance. (Ord. 096-1093, 7-10-1996)

An order by the Commission granting, denying, modifying or revoking a variance or conditional use permit shall become effective fifteen (15) days after such decision, provided no appeal thereof has been filed as set forth in Section 23.07.09 of this Article. (Ord. 096-1093, 7-10-1996)

A variance or conditional use permit which is not used within the time as specified in such variance or permit or, if no time is specified, within one year after the granting of such variance or permit, becomes null and void and of no effect; except, that the Commission may extend the expiration date of any variance or conditional use permit for a period of one year. (Ord. 096-1093, 7-10-1996)

A variance or conditional use permit shall cease to be of any force and effect if the use has ceased or has been suspended for a consecutive period of six (6) or more months. (Ord. 096-1093, 7-10-1996)

   A.   Assurance Required: Whenever the Commission grants or modifies a variance or conditional use permit and the grant or modification of variance or conditional use permit is subject to one or more conditions, the Commission may require that the applicant or the owner of the property to which such variance or conditional use permit applies file with the City Clerk a surety bond or a corporate surety bond or a deposit of money, a certificate of deposit, a letter of credit or other security acceptable to the City Attorney equal to the amount prescribed and for the purpose of guaranteeing the faithful performance of said conditions.

   B.   Bonds, Savings And Loan Certificates Or Shares To Assure Faithful Performance: Any person required to guarantee the faithful performance of imposed conditions as provided herein shall deposit with the City Clerk and shall assign to the City a corporate surety bond, a certificate of deposit, a letter of credit or other security acceptable to the City Attorney equal to the amount prescribed in the grant or modification of a variance or conditional use permit.

   C.   Insurance To Cover A Breach Of Imposed Conditions: The Commission may also require that the applicant or owners of the property which is subject of such variance or conditional use permit applies a policy of insurance, a certificate of deposit, letter of credit or other surety acceptable to the City Attorney insuring all persons against any injury arising from the breach of such conditions. (Ord. 096-1093, 7-10-1996)

   A.   Appeal And Review Of Commission Decisions:

      1.   The applicant or any person who is dissatisfied with the action of the Commission on a variance or conditional use permit may, within the fifteen (15) day period prior to the effective date of such variance or permit, file an appeal application with the City Clerk. The completed form shall specify the basis for the appeal.

      2.   Any person filing an appeal with the City Clerk shall concurrently deposit with the City Clerk a sum determined by City Council resolution to cover the cost of appeal.

      3.   The City Council shall consider whether to review a Commission decision if one Councilmember files a Council review request with the Planning and Building Director within the fifteen (15) day period prior to the effective date of such variance or permit, in which case, the fifteen (15) day appeal period provided by Section 23.07.05 of this Article shall be extended for such limited purpose to allow the City Council to determine whether to appeal the decision at the next regular meeting of the Council following such decision of the Commission. Bias shall not be presumed or inferred due to a request for review.

      4.   Upon receiving a notice of appeal (or itself appealing a decision of the Commission), the Council shall either:

         a.   Affirm the action of the Commission; or

         b.   Require a summary of all evidence upon which the Commission made its decision; after receiving such evidence, the Council shall take such action as, in its opinion, is indicated by such evidence alone; or

         c.   Refer the matter back to the Commission, with or without instructions, for further proceedings; or

         d.   Instruct the City Clerk to set the matter for hearing within seventy-five (75) days before itself, unless the applicant and all appellants consent to a later date. At such hearing, it shall hear and decide the case de novo. Such hearing shall be conducted in the manner and with the notice herein prescribed for the Commission.

   B.   Appeal Procedure: Each and every reference in this Article to the Commission shall be deemed to mean Council during the conduct of any appeal hearing.

   C.   Decision Suspended: Until the appeal has been concluded, and the Council has rendered its decision thereon, the decision of the Commission shall be suspended, and no rights shall accrue thereunder. After the decision of the Council on such appeal, the decision of the Council shall supersede the decision of the Commission.

   D.   Finality Of Decisions Regarding Appeals: The decision of the Council, upon an appeal from an action of the Commission, is final and conclusive as to all things involved in the matter. In the event of a tie vote by the City Council, the decision of the Planning Commission is final.

   E.   Resubmittal: In the event the Commission or City Council takes final action to deny an application or request, such application or request cannot be resubmitted within one (1) year, unless the denial specifically is made without prejudice to the applicant's right to file another application within one (1) year.

(Ord. 096-1093, 7-10-1996; amd. Ord. O-2-1367, 11-18-2020)

The granting of a conditional use permit or variance to permit a use or development in violation of this Chapter shall be null and void, and of no force and effect and the City shall not be estopped from declaring the invalidity of such conditional use permit or variance. No person shall obtain a vested right to maintain such a use, development, building or structure based upon such a conditional use permit or variance. (Ord. 096-1093, 7-10-1996)

Neither the provisions of this Chapter nor the granting of any variance or conditional use permit authorizes or legalizes the maintenance of a nuisance, either public or private. (Ord. 096-1093, 7-10-1996)