Division 5. Administration
Chapter 9.50
VARIANCES AND CONDITIONAL USE PERMITS
Sections:
9.50.020 Procedure for processing of variances and conditional use permits.
9.50.030 Application for a variance or conditional use permit.
9.50.040 Application for a variance or conditional use permit for a cemetery.
9.50.050 Basis for approval or denial of a conditional use permit.
9.50.060 Basis for approval or denial of a variance.
9.50.070 Granting of a conditional use permit or variance after a change of zone hearing.
9.50.080 Notice of action taken on a request for a variance or conditional use permit.
9.50.090 Effective date of a variance or conditional use permit.
9.50.100 Continuing validity of a variance or conditional use permit.
9.50.110 Modification of a variance or conditional use permit.
9.50.120 Applications for a cemetery not assignable.
9.50.130 Assurance of faithful performance of imposed conditions.
9.50.140 Bonds, savings and loan certificates, and shares to assure faithful performance.
9.50.150 Insurance to cover a breach of imposed conditions.
9.50.160 Expiration time of a variance or conditional use permit.
9.50.170 Termination of a variance or conditional use permit.
9.50.180 Maintenance of a nuisance.
9.50.190 Regulations apply to conditional use permits and variances.
9.50.010 Authorization.
The commission may hear and act upon a variance or conditional use permit as provided herein and pursuant to Title 7 of the Government Code (Planning Law). (Ord. 806 § 1, 2007).
9.50.020 Procedure for processing of variances and conditional use permits.
A. Submission of an Application. Any person desiring a variance or conditional use permit required by or provided for in this title may file an application or petition therefor with the planning commission. However, the planning commission, except in the case of a cemetery, may not accept any application requesting a variance or conditional use permit for the same use, or substantially the same use, in any case where the city council or the commission has taken a final action on a previous application within six months prior thereto, unless the applicant can show changed conditions and the planning commission agrees to accept the application on the basis of said changed conditions. In the case of a cemetery, no new or further applications shall be made, or accepted, to establish or extend a cemetery upon the same premises, or any portion thereof, as described in such previous applications, until the expiration of one year from and after the date of the denial.
B. Processing of Applications. Upon receipt of an application for a variance or conditional use permit, or at the request of the commission or city council, the planning commission shall set a date for a hearing and shall give notice as provided in Chapter 9.54 BGMC, Public Noticing Requirements/Procedures. In the case of an application for a cemetery, such hearing shall be not less than 30 days nor more than 60 days from the date on which the application is filed. If more than one hearing is held, only the first hearing need be held within 60 days from said date of application.
C. Hearing by Commission. If the commission itself holds a hearing, 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. (Ord. 806 § 1, 2007).
9.50.030 Application for a variance or conditional use permit.
A person applying for a variance or conditional use permit for other than a cemetery shall submit an application containing the following information and such other information as is requested by the commission or its authorized representatives. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. The planning commission may reject any application that does not supply the information requested herein:
A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used.
B. Evidence that the applicant:
1. Is the owner of the premises involved; or
2. Has written permission of the owner or owners to make such application; or
3. Is or will be the plaintiff in an action in eminent domain to acquire the premises involved, or any portion thereof; or
4. In the case of a public agency, is negotiating to acquire a portion of the premises involved.
C. Location of subject property (address or vicinity).
D. Legal description of the property involved.
E. The nature of the requested use, indicating the business, occupation or purpose for which such building, structure, or improvement is to be erected, constructed, altered, enlarged, moved, occupied or used.
F. Indicate the nature, condition and development of adjacent uses, buildings and structures and the effect the proposed use may have on said uses, buildings and structures.
G. Show cause why the requested use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare, and will not be materially detrimental to the property of other persons located in the vicinity of the site of the proposed use.
H. On an application for a variance, the applicant shall in addition offer evidence to substitute the basis for approval as provided in BGMC 9.50.050, Basis for approval or denial of a conditional use permit.
I. Provide a site plan indicating the area and dimensions of the proposed site for the requested use, and the location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features.
J. Indicate the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use.
K. Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances.
L. With each application, the applicant shall also file:
1. Ten copies of a map, drawn to a scale specified by the planning commission, showing the location of all property included in the request, the location of all highways, streets, and alleys and the location and dimensions of all lots or parcels of land within a distance of 500 feet from the exterior boundaries of such proposed use.
2. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 500-foot radius.
3. A notarized list of the names and addresses of all persons who are shown on the latest available assessment roll of the county of Los Angeles as owning property within a distance of 500 feet from the exterior boundaries of the area actually to be occupied by the use. One copy of said map shall indicate where such ownerships are located.
4. If the planning commission finds that the proposed use will require for adequate fire protection a greater water supply than does the existing use or any principal permitted use in the same zone without either a variance or conditional use permit, proof satisfactory to the planning commission that water will be available in quantities and pressures required by the fire code. The planning commission may accept as such proof a certificate from the person who is to supply water that he can supply water as required by the fire code, also stating the amount and pressure, which certificate also shall be signed by the fire chief, or certificate from the city engineer that such water will be available.
5. The planning commission may waive the filing of one or more of the above items. (Ord. 806 § 1, 2007).
9.50.040 Application for a variance or conditional use permit for a cemetery.
An applicant for a variance or conditional use permit for a cemetery or extension of an existing cemetery shall submit an application containing the following information, and such other information as is requested by the commission or its authorized representatives. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant. The commission may reject any application that does not supply the information requested herein:
A. All of the information, maps, and lists as provided in BGMC 9.50.030, Application for a variance or conditional use permit.
B. In addition to the information in subsection (A) of this section, said maps shall contain:
1. The location and depth of all wells in said area from which domestic or irrigating water is obtained.
2. The location and names of all public streets or highways located within a distance of one and one-half miles from the exterior boundaries of said premises. If, however, no public streets or highways are located within said distance, then the map shall show the location, and at least one-half mile of the length, of the three public streets or highways having an extent of at least one-half mile which are located nearest to said premises.
3. The elevation in feet above sea level of the highest and lowest points on said premises.
4. The width, depth and location of all natural watercourses and all artificial drains or conduits for the drainage of stormwater located upon said premises or within 2,000 feet of the exterior boundary thereof in any direction.
C. The names and addresses of the officers and directors of the corporation that will be in charge of the operation of the cemetery.
D. The president and secretary of the corporation which will be in charge of the operation of the proposed cemetery, and the owner of the land to be included therein shall sign the application. Such persons shall also verify the application as provided by the Code of Civil Procedures of the state of California for the verification of pleadings in civil actions.
E. A financial statement of the applicant showing the financial ability of the applicant to establish, care for, and maintain the proposed cemetery in such a manner as to prevent the same from being a public nuisance.
F. A statement setting forth whether the said cemetery is to be established as an endowment care or non-endowment care cemetery, and if an endowment care fund is to be or has been created, the amount then on hand and the method, scheme or plan of continuing and adding to the same in full details sufficient to show that said cemetery will be maintained so as not to become a public nuisance. (Ord. 806 § 1, 2007).
9.50.050 Basis for approval or denial of a conditional use permit.
The commission shall consider applications for a conditional use permit and may approve with such conditions as are deemed necessary a conditional use which will not jeopardize, adversely affect, endanger or otherwise constitute a nuisance to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use.
A. In making such determination, the commission shall find that the proposed use is in general accord with the following principles and standards:
1. The use shall not be in substantial conflict with the general plan for the area and shall comply with the standards of this title unless appropriate findings for a variance can be made.
2. The use shall not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare.
3. The site for a proposed conditional use is adequate in size, shape, and topography to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as required by the commission as a condition in order to integrate said use with the uses in the neighborhood.
4. The site for the use is served by highways or streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.
5. The site is served by the required utilities, including electricity, and water supply of qualities and pressures required by the fire codes to provide adequate fire protection.
6. For alcoholic beverage uses only: The public interest, convenience, and necessity require that the use be approved at the subject location.
B. Conditions imposed by the commission for a conditional use may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:
1. Special yards, open spaces and buffer areas.
2. Fences and walls.
3. Parking facilities, including vehicular ingress and egress and the surfacing of parking areas and driveways to specified standards.
4. Street and highway dedications and improvements, including sidewalks, curbs and gutters.
5. Water supply and fire protection in accordance with the provisions of the city fire code.
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. Regulation of operating hours for activities affecting normal neighborhood schedules and functions.
9. Regulation of signs, including outdoor advertising.
10. A specified validation period limiting the time in which development may begin.
11. Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date.
12. A site plan indicating all details and data as prescribed in this title, subject to the provisions of Chapter 9.58 BGMC, Site Plan Review.
13. 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 all elements of the general plan and the intent and purpose of this title.
C. If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use or any use permitted in the same zone without a conditional use permit, and the proposed use will not be provided with a water supply which will comply with the provisions of the city fire code, such facts shall be prima facie evidence that such requested use will adversely affect and be materially detrimental to adjacent uses, buildings and structures and will not comply with the provisions of this section. If the water appeals board or city fire chief grants a variance pursuant to the provisions of the city fire code, permitting the proposed use with the existing or proposed water supply, this subsection shall not apply.
D. Any conditions attached to the approval of a conditional use permit shall not result in the dedication of land for any purpose not reasonably related to the use of such property for which the conditional use permit is being requested.
E. The posting of a bond to guarantee installation of public improvements shall not be required unless it is reasonably related to the use of the property for which the conditional use permit is being requested. (Ord. 806 § 1, 2007).
9.50.060 Basis for approval or denial of a variance.
The commission shall consider applications for a variance, and the commission may grant a variance, with such conditions as are deemed necessary to protect the public health, safety, and general welfare.
A. In making such determination, the commission shall find that the proposed variance is in general accord with all of the following principles and standards:
1. That the variance is necessary for the preservation of a substantial property right of the owners, and that such variance will not be materially detrimental to the public welfare nor to the property of other persons located in the vicinity thereof;
2. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, in which the strict application of this title deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;
3. That the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
4. That the variance shall not be granted for a parcel or property that authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property; and
5. That there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this title; and in granting such variance, the spirit of this title will be observed, public safety will be secured, and substantial justice will be done.
B. Conditions imposed by the commission for a variance may involve any pertinent factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:
1. Granting a variance for a limited time only.
2. Granting for a limited time only, an expansion or extension of a previously granted variance or a nonconforming use, on condition that at the end of such time such prior variance or nonconforming use shall also terminate and the property shall thereafter be used for such purposes as are permitted in the zone in which such property is located.
3. That certain uses, whether authorized by the variance or legal without such variance, be confined to designated portions of the property or to designated days, or designated times in a day.
4. That certain uses, even if lawful without the granting of the variance, be not made of the property.
5. That certain uses, whether lawful without the granting of the variance or authorized by the variance, be not made of the property unless and until certain conditions exist.
C. If it appears that the use requested will require a greater water supply for adequate fire protection than does either the existing use, or any use permitted in the same zone without a variance, and the proposed use will not be provided with a water supply which will comply with the provisions of the city fire code, such facts shall be prima facie evidence that:
1. Public safety will not be secured.
2. Such use will be materially detrimental to the public welfare and to the property of other persons located in the vicinity thereof. If the fire chief grants a variance pursuant to the provisions of the city fire code, permitting the proposed use with the existing or proposed water supply, this subsection shall not apply.
D. Any conditions attached to the approval of a variance shall not result in the dedication of land for any purpose not reasonably related to the use of such property for which the variance is being requested.
E. The posting of a bond to guarantee installation of public improvements shall not be required unless it is reasonably related to the use of the property for which the variance is being requested. (Ord. 880 § 2, 2016; Ord. 806 § 1, 2007).
9.50.070 Granting of a conditional use permit or variance after a change of zone hearing.
The commission or the city council may, after one or more hearings on a change of zone or on an amendment of any other ordinance, grant a conditional use permit or variance, if the evidence, in the opinion of the commission or city council, shows facts which by the provisions of this title entitle any person to said conditional use permit or variance. (Ord. 806 § 1, 2007).
9.50.080 Notice of action taken on a request for a variance or conditional use permit.
A. The commission shall notify the applicant for a variance or conditional use permit of the action taken on his application.
B. Said notification of the action by the commission shall be made either by serving a notice in the manner required by law for the service of a summons, or by mailing of a written notice using registered or certified mail, postage prepaid, with a return receipt requested. (Ord. 806 § 1, 2007).
9.50.090 Effective date of a variance or conditional use permit.
An order by the commission granting or denying a variance or conditional use permit shall become final and effective 15 calendar days after final action by the planning commission on a case, provided no appeal of the action taken has been filed with the city clerk within the said 15 days. (Ord. 806 § 1, 2007).
9.50.100 Continuing validity of a variance or conditional use permit.
A variance or conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land. (Ord. 806 § 1, 2007).
9.50.110 Modification of a variance or conditional use permit.
A modification of an approved variance or conditional use permit shall be reviewed in the same manner as a new variance or conditional use permit application if conditions are proposed to be amended or the application is deemed by the community development director as an intensification of the originally approved use. (Ord. 806 § 1, 2007).
9.50.120 Applications for a cemetery not assignable.
A variance or conditional use permit for a cemetery granted by the commission shall not be assignable prior to the actual establishment of such cemetery, nor shall such variance or conditional use permit be used by any person other than the applicant. (Ord. 806 § 1, 2007).
9.50.130 Assurance of faithful performance of imposed conditions.
Whenever the commission or city council grants or modifies a variance or conditional use permit and the grant or modification of said variance or conditional use permit is subject to one or more conditions, the commission or city council, as the case may be, 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, a corporate surety bond, a deposit of money, or savings and loan certificates or shares in an amount prescribed and for the purpose of guaranteeing the faithful performance of said conditions. (Ord. 806 § 1, 2007).
9.50.140 Bonds, savings and loan certificates, and shares to assure faithful performance.
Any person required to guarantee the faithful performance of imposed conditions as provided herein shall file with the city clerk a surety bond or corporate surety bond, or shall assign to the city savings and loan certificates or shares equal to the amount prescribed in the grant or modification of a variance or conditional use permit. Such deposit and assignment shall be subject to and in compliance with the provisions and conditions of the administrative code of the city. (Ord. 806 § 1, 2007).
9.50.150 Insurance to cover a breach of imposed conditions.
Where, pursuant to this title, the filing of a bond or the deposit of cash or savings and loan certificates or shares is required to insure compliance with any condition of a variance or conditional use permit, the commission or city council may also require that the applicant or owners of the property to which such variance or conditional use permit applies either file a policy of insurance equal to the amount of the required bond or deposit of savings and loan certificates or shares, insuring all persons against any injury or annoyance arising from the breach of said conditions, or:
A. If a bond is filed, it shall insure all persons against any injury or annoyance arising from the breach of said conditions by including all such persons as obligees.
B. If money or savings and loan certificates or shares are deposited, the depositor shall also file an agreement in writing with the city clerk that the city may satisfy in whole or in part from such money or savings and loan certificates or shares deposited and assigned any final judgment, the payment of which would have been guaranteed by such bond or policy of insurance. (Ord. 806 § 1, 2007).
9.50.160 Expiration time of a variance or conditional use permit.
A variance or conditional use permit which is not used within the time specified in said permit or, if no time is specified, within one year after the granting of said permit becomes null and void and of no effect, except that:
A. The commission may consider extending the expiration date of any variance or conditional use permit for a period not to exceed one year, provided an application requesting the extension is submitted to the community development director prior to the expiration date.
B. Where the commission has approved a proposal to acquire land for a governmental enterprise and has approved a variance or conditional use permit therefor, no time limit shall apply to utilization of said permit; provided, that:
1. Within one year of the date of such approval, the governmental agency either acquires the property involved or commences legal proceedings for its acquisition;
2. Immediately after the acquisition of or the commencement of legal proceedings for the acquisition of the property, the governmental agency places signs, each with a surface area of not less than 20 square feet but not more than 40 square feet, on the property so that there shall be one sign facing each street or highway bordering the property, with the sign located within 50 feet of said street or highway. Where the property in question is not bounded by any street or highway, the applicant shall erect one sign facing the street or highway nearest the property. Each such sign shall indicate the ownership of the property and the purpose to which it is to be developed; and
3. The governmental agency maintains said signs on the property and in good condition until such time as the variance or conditional use permit privileges are utilized. (Ord. 806 § 1, 2007).
9.50.170 Termination of a variance or conditional use permit.
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 one or more years, except in the case of a quarry, rock crushing plant or other apparatus for the manufacture or production of quarried material, if from the cessation of use the outer boundaries of the premises have been continuously posted as provided in BGMC 9.50.160(B)(3), expiration time of a variance or conditional use permit. (Ord. 806 § 1, 2007).
9.50.180 Maintenance of a nuisance.
Neither the provisions of this title nor the granting of any variance or conditional use permit authorizes or legalizes the maintenance of a nuisance, either public or private. (Ord. 806 § 1, 2007).
9.50.190 Regulations apply to conditional use permits and variances.
Unless specifically modified by a conditional use permit or variance, all regulations prescribed in the zone in which such conditional use permit or variance is granted shall apply. (Ord. 806 § 1, 2007).