Conditional uses are those uses which have a special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. Therefore, a conditional use permit is required for such uses in order to allow a timely evaluation of the proposed use, consistent with the overall aesthetics of the community and to ensure proper integration with other existing or permitted uses in the same zone or zones and with existing or permitted uses on properties in the surrounding area. At the time of application, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to fixed and established standards. This review shall determine whether the proposed use should be permitted by weighing the public need for the benefit to be derived from the use against the impact which it may cause.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-010; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92)

Application for a conditional use permit shall be filed according to Chapter 9.35 of this Article.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-020; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92)

Except as required in Section 9.26.090, upon receipt in proper form of a conditional use permit application, a public hearing shall be set and notice of such hearing shall be given in a manner consistent with the requirements contained in Chapter 9.32 of this Article.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-030; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92; Ord. No. 145U-97, Amended, 1/8/97; Ord. No. 145-97, Amended, 2/12/97)

The final decision-making body may impose such conditions on a conditional use permit as are necessary to protect the public peace, health, safety and welfare.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-040; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92)

The Building Bulk provisions prescribed in the various zones shall not apply to uses approved by conditional use permit. In granting a conditional use permit, the Commission shall prescribe the setbacks and related landscape requirements, or maximum lot coverage. Where the Commission fails to specify said setbacks and related landscape requirements, or maximum lot coverage, those provisions applicable to principal permitted uses in the specific zone shall be deemed to be so specified. The Commission may prescribe maximum heights lower than otherwise allowed in the zone but heights greater than permitted in the zone may be allowed only upon approval of a variance under Chapter 9.27.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-050; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92)

Following a public hearing on the conditional use permit application, the City Council shall record its decision in writing and shall recite therein the findings of fact upon which it bases its decision.

The Council may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, only after it makes all of the following findings of fact in a positive manner:

1.

The proposed use is one conditionally permitted within the subject zone and complies with all of the applicable provisions of this Article.

2.

The proposed use would not impair the integrity and character of the zone in which it is to be located.

3.

The subject site is physically suitable for the type of land use being proposed.

4.

The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.

5.

There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

6.

There would be adequate provisions for public access to serve the subject proposal.

7.

The proposed use is consistent with the objectives, policies, general land uses and programs of the Westlake Village General Plan.

8.

The proposed use would not be detrimental to the public interest, peace, health, safety, convenience or welfare.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-060; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92)

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-070; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92; Ord. No. 166-00, Repealed, 9/27/00)

The City Council may approve and/or modify a conditional use permit application for the installation of a satellite dish antenna in whole or in part, with or without conditions, only after making the following findings of fact:

A.

For a ground mounted dish antenna, the height of the antenna, measured from the finished grade to the highest point of the antenna, does not exceed eight (8) feet, except as necessary to adequately receive or transmit electromagnetic waves.

B.

For a roof mounted dish antenna, the antenna is located in a roof well or at a location screened by a parapet wall and/or other architecturally matching screening so as to substantially reduce the visual impact of the dish antenna.

C.

For a dish antenna located on a parcel adjacent to a public street, the antenna is substantially screened from view from any point within such adjacent public street.

D.

The dish antenna is color coordinated to harmonize with dominant background materials and colors of the main structure.

E.

For a ground mounted dish antenna, the antenna is enclosed with fences, walls, mature plant materials, or earth berms of appropriate height for screening, aesthetic, and security purposes and in such a manner so as to eliminate or substantially obscure visibility of the antenna from public streets and adjacent properties without impairing reception or transmission of electromagnetic waves. Plant materials are of a type and variety capable of growing within one year to adequately screen and obscure the visibility of the antenna.

F.

Support structures and security fencing/walls are screened through the addition of architectural features and/or landscaping that harmonize with the existing elements and characteristics of the subject property.

G.

The dish antenna does not exceed a diameter of six (6) feet, unless greater size is necessary in order to adequately receive or transmit electromagnetic waves.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-080; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92)

A.

For large family day care homes as defined in Section 9.2.020 of this Code, the following findings, standards, and procedure shall apply:

1.

Findings. A large family day care home shall be permitted within a detached single-family dwelling, in the R-1 Zone or the RPD Zone, pursuant to a conditional use permit if the City Council determines that the day care home meets the following standards and requirements:

a.

There shall be a minimum distance of three hundred (300) feet between the subject property on which the large family day care home is located and the nearest lot or parcel containing a licensed child care facility.

b.

In order to reduce noise impacts from the operation of the day care home, all open space areas used for child care purposes, shall be located within the side and/or rear yard of the subject residence and shall be enclosed with a solid masonry wall. The masonry wall shall be six (6) feet in height along side and rear lot lines. This requirement may be waived or modified by the City Council if the Council finds that the masonry wall is not necessary to reduce noise levels in a particular instance, due to the location, topography, or other physical characteristics or improvements of the subject site or adjacent sites, or due to adjacent noise receptors which are not sensitive to the levels of noise which may be expected from a large family day care home. A self-latching gate shall be installed to allow egress from the rear yard area to the front of the subject residence. In addition, the operation of the large family day care home shall comply with all applicable noise regulations of this Code, including those contained in Article 4.

c.

In addition to the parking otherwise required for a single-family home, one paved parking space shall be provided for each nonresident employee, nonresident aide and any other nonresident person engaged in the operation of the large family day care home. Such spaces shall not be located in front yard setback areas, except that driveway areas may be used for parking area. The parking spaces shall conform to the requirements of Section 9.19.080.

d.

The City Council shall determine that loading and unloading of children may be accomplished without significantly restricting traffic flow.

2.

Procedure. Any application for a conditional use permit to operate a large family day care home shall be filed with the City in a form acceptable to the City. Notwithstanding any other provision of this Chapter, such application shall be processed pursuant to the following procedures:

a.

Notice. Not less than ten (10) days prior to the date on which the City Council shall review the application, notice of the application shall be mailed, by United States mail, postage prepaid, to all owners shown on the last equalized assessment roll as owning real property within one hundred (100) feet of the exterior boundaries of the subject property.

b.

Hearing. No public hearing on the application shall be held unless a hearing is requested by the applicant or by any other interested party.

(Ord. No. 145U-97, Enacted, 1/8/97; Ord. No. 145-97, Amended, 2/12/97)

A.

Prior to the placement of an amateur radio antenna within a residential or nonresidential zone district, the City Council must find that, based upon the evidence presented at a duly noticed public hearing, the federal interest in placement of the antenna to promote amateur radio operations outweighs the legitimate interests of the local community in restricting the placement of exterior antenna. In making this determination, the City Council shall consider the federal interests in amateur radio communications, including without limitation, the provision of emergency communications, the advancement of radio art, and the ability of amateur radio to enhance international goodwill. The City Council shall also consider the unique characteristics of the proposed antenna and the site on which it is located, as well as the antenna's potential visual and operational impacts upon the surrounding neighborhood.

B.

In approving an amateur radio antenna, the City Council may impose conditions regulating the placement, design, configuration, height and use of said antenna in order to minimize potential aesthetic and operational impacts. The City Council must find that such conditions of approval constitute the minimum practicable regulation to protect the legitimate interests of the local community.

C.

The City Council shall not deny an application for approval of an amateur radio antenna unless the City Council has first determined that: (1) the antenna cannot be reasonably accommodated due to its adverse impact on the legitimate interests of the local community; and that (2) the City has made a reasonable attempt to negotiate with the applicant a satisfactory solution to potential adverse impacts, but such negotiations have not been successful.

(Ord. No. 140-96, Amended, 05/22/96; Ord. No. 145U-97, Amended, 1/8/97; Ord. No. 145-97, Amended, 2/12/97)

To assure continued compliance with the provisions of this Chapter, each approved conditional use permit shall contain a condition requiring a specific time limit of operation. To allow for continued operation, the applicant may secure one or more extensions of time in the same manner prescribed for obtaining a conditional use permit.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-090; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92; Ord. No. 140-96, Amended, 05/22/96; Ord. No. 145U-97, Amended, 1/8/97; Ord. No. 145-97, Amended, 2/12/97; Ord. No. 192-05, Amended, 3/9/05)

A conditional use permit shall be considered to have expired if the use for which the permit was granted ceased or was suspended for twelve (12) or more successive calendar months. The Commission may extend the approval for an additional twelve (12) months following a public hearing.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-100; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92; Ord. No. 140-96, Amended, 05/22/96; Ord. No. 145U-97, Amended, 1/8/97; Ord. No. 145-97, Amended, 2/12/97)

No permits shall be issued for any use involved in an application for approval of a conditional use permit until, and unless, the same shall have become final.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-110; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92; Ord. No. 140-96, Amended, 05/22/96; Ord. No. 145U-97, Amended, 1/8/97; Ord. No. 145-97, Amended, 2/12/97)

The City may initiate and the Commission shall hold a public hearing upon the question of revocation or modification of a conditional use permit granted under or pursuant to the provisions of this Chapter. Notice of such hearing shall be given pursuant to Chapter 9.32 of this Article and shall be served in writing either in person or by registered mail on the owner of the property for which such conditional use permit was granted at least fourteen (14) days prior to such public hearing.

A conditional use permit may be revoked or modified by the Council if it finds that one or more of the following conditions exists:

1.

The conditional use permit was obtained in a fraudulent manner.

2.

One or more of the conditions of the conditional use permit have not been complied with.

3.

A public nuisance exists.

In addition, after a conditional use permit has been granted, modification of the conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or the owner's authorized representative. Consideration shall only be given to those matters raised in the application including any mitigation measure or condition associated therewith. Modification shall only be granted if the Commission finds, after a public hearing, that the modification is consistent with the provisions of this Article and will not be detrimental to the public health, safety and welfare.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-120; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92; Ord. No. 140-96, Amended, 05/22/96; Ord. No. 145U-97, Amended, 1/8/97; Ord. No. 145-97, Amended, 2/12/97; Ord. No. 192-05, Amended, 3/9/05)

Conditional use permit decisions shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (App. November 30, 1989) relating to siting and siting criteria for hazardous waste facilities.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-24-130; Ord. No. 108, Amended, 07/24/90; Ord. No. 123, Amended, 04/08/92; Ord. No. 140-96, Amended, 05/22/96; Ord. No. 145U-97, Amended, 1/8/97; Ord. No. 145-97, Amended, 2/12/97)