ARTICLE 100
ADMINISTRATIVE PROCEDURES
SECTION:
25-100-1: General
25-100-2: Application Procedures
25-100-3: Fees and Deposits
25-100-4: Notice of Public Hearings
25-100-5: Hearings and Effect of Actions
25-100-6: Appeals
25-100-7: City Council Review of Planning Commission Actions
25-100-8: Revocations
25-100-9: Ministerial Review
25-100-1 GENERAL:
A. Introduction: This article establishes the regulations for the effective and efficient implementation of this zoning code. This article contains the procedures for discretionary review of development applications, criteria for acceptance of applications for discretionary actions, standards for processing of applications, and requirements for the notice and conduct of public hearings. The provisions of this article, used in combination with the provisions of subsequent articles 115 through 165 of this chapter, provide for a system of development review that is open to the public and responsive to the needs of the community.
B. Types Of Review Procedures: Table 100-1 of this section outlines the types of review procedures in effect in Lynwood.
C. Responsible Decision Making Bodies: Three (3) hearing bodies shall make decisions on the procedures authorized by this municipal code as follows:
1. City Council: The city council shall be responsible for the decisions listed in table 100-1 of this section.
2. Planning Commission: The planning commission shall be responsible for the decisions listed in table 100-1 of this section.
3. Development Services Director: The development services director shall be responsible for the decisions listed in table 100-1 of this section.
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Type Of Action |
Development Services Director Or Designee |
Planning Commission |
City Council |
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|---|---|---|---|---|---|---|---|
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Authority To Approve Or Deny |
Advisory To Planning Commission Only |
Authority To Approve Or Deny |
Advisory To City Council Only |
Public Hearing Required |
Public Hearing Required |
No Public Hearing Required |
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Tentative tract maps and tentative parcel maps |
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• |
• |
|
• |
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|
Final subdivision map for recordation (Note: Final maps are processed through the environmental services department) |
• (Environmental services department) |
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|
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|
|
• |
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Reversion to acreage |
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|
|
|
• |
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Lot line adjustments (Note: Lot line adjustments are processed through the environmental services department) |
• (Environmental services department) |
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Lot or parcel merger (Note: Lot or parcel mergers are processed through the environmental services department) |
• (Environmental services department) |
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Extension of time for tentative maps |
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• |
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• |
• |
|
• |
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Certificate of land use compliance |
• |
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Minor variance |
• |
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Major variance |
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• |
• |
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• |
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Conditional use permit |
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• |
• |
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• |
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Site plan approval |
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• |
• |
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• |
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Temporary use permit |
• |
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Zoning code amendment/ change of zone |
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• |
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• |
• |
• |
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Specific plans and specific plan amendments |
|
• |
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• |
• |
• |
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General plan amendments |
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• |
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• |
• |
• |
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CEQA: Negative declarations and EIRs |
|
• |
CEQA documents are approved/certified by the body having decision making authority on the proposed project, as defined in this section. |
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Redevelopment projects, plans, and reports |
|
• |
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• |
• |
• |
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Agricultural preserves |
|
• |
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• |
• |
• |
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Notes:
1. All decisions of the development services director may be appealed to the planning commission.
2. All decisions of the planning commission may be appealed to the city council.
(Ord. #1563, §3)
25-100-2 APPLICATION PROCEDURES:
A. Applications Required: Applications shall be required, on forms provided by the planning department, for all land use actions subject to the provisions of this zoning code.
B. Who May Initiate An Application: Public review proceedings may be initiated by the city council, planning commission, or any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The development services director may request proof of ownership or authorization to apply prior to the acceptance of any application.
C. Acceptance Of Applications: The development services director or his/her designee shall accept applications made by those persons with standing to make such an application upon receipt of fees prescribed by resolution of the city council. Pursuant to the California Government Code, section 65943, no later than thirty (30) days after an application has been received, the director shall determine whether the submitted application materials are complete and shall notify the applicant in writing of his decision. No application shall be considered complete until any and all additional information required by the director is received.
D. Concurrent Applications: When one or more land use decision is required for a single project, all required applications may be filed concurrently.
E. Content Of Applications:
1. Applications for review procedures shall contain the following information and such other information as is requested by the development services director or his designee. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. The director or his designee may reject any application that does not supply the following information:
a. Name and address of the applicant.
b. Evidence that the applicant:
(1) Is the owner of the premises involved;
(2) Has written permission of the owner or owners to make the application;
(3) Is or will be the plaintiff in an action of eminent domain to acquire the premises involved; or
(4) Is a public agency 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 and specifics of the requested land use action.
2. The following requirements shall apply to applications for site plan approvals and conditional use permits:
a. Indicate the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed use may have on those uses, buildings, and structures.
b. Explain why the requested use will not cause negative impacts; endanger or otherwise imperil 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 proposed use.
c. Provide a site plan indicating the area and dimensions of the proposed site for the requested use, and the location and dimensions of all uses, structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features.
The following additional information may be requested:
d. Architectural renderings and plans, including elevations and proposed facade materials and colors.
e. Plans indicating the dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use.
f. Descriptions of other permits and approvals secured in compliance with the provisions of other applicable ordinances.
g. Ownership information as follows:
(1) Two (2) copies of a map, drawn to scale, 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 three hundred feet (300') from the exterior boundaries of the subject property. One copy of said map shall indicate where such ownerships are located.
(2) 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 owners of property within a distance of three hundred feet (300') from the exterior boundaries of the area actually to be occupied by the use.
3. An application for major variance or minor variance shall include evidence to substantiate the basis for approval as provided in sections 25-135-6 and 25-140-6 of this chapter, respectively.
F. Withdrawal Of An Application: Any application or petition for a land use action may be withdrawn at any time prior to a public hearing by filing with the development services director a written request for withdrawal. The request for withdrawal shall be signed by all persons who signed the original application, or their designated agents or successors. Any such application or petition may be withdrawn after commencement of a hearing thereon, with approval of the hearing body. (Ord. #1563, §3)
25-100-3 FEES AND DEPOSITS:
A. Fees Established By Resolution: Each applicant for a land use action authorized by this zoning code shall pay those fees and costs as established by resolution of the city council.
B. Refunds: If an application is withdrawn prior to public hearing, the applicant shall be entitled to partial refund in accordance with policy established by the development services director. (Ord. #1563, §3)
25-100-4 NOTICE OF PUBLIC HEARINGS:
A. Required: No less than ten (10) days prior to the date of a hearing on applications for a land use action requiring public hearing, as specified in table 100-1, section 25-100-1 of this article, the development services director shall give notice of the scheduled hearing. The notice shall include the time, place, identity of the hearing body or officer, nature of the application, and the general location of the property under consideration.
B. Method Of Noticing: The director shall observe the noticing requirements set forth as follows:
1. A copy of the notice shall be posted in two (2) places in the city of Lynwood.
2. The notice shall be mailed first class and postage prepaid to the applicant; to the property owner or the owner’s agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Los Angeles as owners of property within a distance of three hundred feet (300') from the exterior boundaries of the property for which the application is filed; to anyone filing a written request for notification; and to such other persons whose property might, in the director’s judgment, be affected by the establishment of the use or zone requested.
3. If the director finds that the posting and mailing of notices prescribed elsewhere in this section may not give sufficient notice to the required property owners, then additional notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.
4. When the proposed use or amendment affects more than one thousand (1,000) property owners, the city may provide notice by placing a display advertisement in a newspaper circulated within the city of Lynwood.
5. The notice shall be sent to public officers, departments, bureaus, or agencies which are determined by the director to be affected by the application or otherwise appropriate. In the case of a hearing for the manufacture or storage of hazardous materials, such notification must include the fire chief.
6. When a negative declaration is recommended for adoption pursuant to section 21080(c) of the state Public Resources Code, notice of the hearing shall be given as set forth in section 21091 of the Public Resources Code, which sets forth minimum review periods for a negative declaration.
C. Evidence Of Notice: When notice of a hearing is given pursuant to this article, the following documentation shall be deemed sufficient to serve as proof that such notice was given:
1. Publication: When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made.
2. Mailing: When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery must be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to which the mailing/delivery was made.
3. Posting: When notice is given by posting, an affidavit or proof of posting must show the date or dates of posting and the location at which the posting was made. (Ord. #1563, §3)
25-100-5 HEARINGS AND EFFECT OF ACTIONS:
A. Scheduling Of Hearings: For applications or proposals requiring public hearing before the planning commission, the secretary of the planning commission shall set the date and time of the hearing. For applications or proposals requiring public hearing before the city council, the city clerk shall set the date and time of the hearing. Notices shall include the information required by this municipal code.
B. Right Of Persons To Comment:
1. During any public hearing, the applicant for the subject application shall have the following rights:
The right to be represented;
The right to provide testimony under oath;
The right to present evidence; and
The right to cross examine opposing witnesses.
2. All other persons shall have the right to comment on any relevant aspect of the application under consideration.
C. Action Of Hearing Body And Continuance Of Hearings: Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue, or take under advisement the subject of the public hearing.
If the action is taken to continue or take the matter under advisement, before adjournment or recess, the person presiding at such public hearing shall publicly announce the time and place at which the hearing will be continued. No further notice shall be required.
D. Conditions May Be Imposed: The planning commission and the city council shall have the authority to impose reasonable and necessary conditions on a development to ensure that the development complies with the provisions of this zoning code and the policies of the general plan.
E. Notice Of Decision: In accordance with this municipal code, following the rendering of a decision on an application, a copy of the decision and the findings associated with that decision shall be mailed to the applicant at the address shown on the application. In the case of a variance or conditional use permit, a copy of the decision and findings shall also be mailed to all persons of record (including name, address and city) who personally appeared at one or more public hearings in opposition to the decision.
F. Land Use Action Denial; Reapplication:
1. Whenever an application (or a portion of an application) has been denied and all appeals provided in this article are exhausted, no new application for the same or similar request may be accepted within forty five (45) days of the denial.
2. Any application which is resubmitted pursuant to subsection F1 of this section shall be considered as a new project, subject to the same review and approval process as the original application. Where appropriate, the environmental documentation provided for the original application may be applied to the new application. (Ord. #1563, §3)
25-100-6 APPEALS:
A. Authority To Appeal:
1. All actions and decisions of the development services director authorized by this zoning code may be appealed to the planning commission. All such appeals shall be filed with the planning commission secretary.
2. All actions of the planning commission authorized by this zoning code may be appealed to the city council. All appeals shall be filed in writing with the city clerk.
3. Any person may appeal a decision of development services director or planning commission in accordance with the terms of this article.
4. The city council shall be the final approval authority for all actions. Applications which are denied by the city council are not subject to appeal, but may be resubmitted pursuant to section 25-100-5 of this article.
B. Time Limit For An Appeal Filing: All appeals must be brought within ten (10) working days of the date of the final action by the development services director or planning commission.
C. Fees: Persons filing appeals shall pay all applicable fees in effect at the time of the appeal as established by resolution of the city council. (Ord. #1563, §3)
25-100-7 CITY COUNCIL REVIEW OF PLANNING COMMISSION ACTIONS:
The city council is specifically empowered to review all actions of the planning commission for any reason. Appeals of planning commission decisions by the city council shall be subject to the following requirements:
A. Appeals of actions of the planning commission by the city council must be filed with the city clerk within ten (10) working days of the commission’s action.
B. Appeals pursuant to this section must be filed jointly by any two (2) city council members, who may request that an item be called for review by the city council.
C. The city council shall review the same project as the planning commission.
D. Items recalled by the city council shall be subject to the same type of public action (i.e., action item without public hearing or public hearing item) and public noticing at the city council as at the planning commission.
E. Appealed items shall be scheduled for the next available city council meeting.
F. No fee shall be required when an item is called for review by city council members in conformance with the requirements of this section. (Ord. #1563, §3)
25-100-8 REVOCATIONS:
A. Authority: The planning commission, or the city council on appeal, may, after required public hearings have been held and action has been taken in the manner prescribed in this zoning code, revoke or modify any variance, conditional use permit, planning use permit, or temporary use permit, or revoke the status of a legal nonconforming use or structure, on one or more of the following grounds:
1. That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or
2. That the variance, conditional use permit, planning use permit, temporary use permit, or legal nonconforming status is being or recently has been exercised contrary to, or in violation of, the terms or conditions of such approval or other authorization; or
3. That the variance, conditional use permit, planning use permit, temporary use permit, or legal nonconforming status is being or recently has been exercised in violation of any statute, law, or regulation; or
4. That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance.
B. Proceedings:
1. Hearing Required: The planning commission secretary shall schedule a hearing before the planning commission to consider the revocation, pursuant to the provisions of this article. Noticing shall be required only of the owner or owners of the property affected by the variance, permit, or nonconformity, notwithstanding the provisions of section 25-100-4 of this article.
2. Findings Required: In acting to revoke a variance, conditional use permit, planning use permit, temporary use permit, or legal
nonconforming status of a use or structure, the planning commission shall make written findings citing the reasons for the revocation.
C. Effective Date:
1. A revocation of a variance, conditional use permit, planning use permit, temporary use permit, or legal nonconforming status of a use or structure shall not become effective until the planning commission has adopted a resolution revoking such approval or status, and until the time period to appeal the commission’s decision to the city council has lapsed with no appeal being filed.
2. In the event an appeal of the planning commission’s decision is appropriately filed, the revocation will become effective when the city council adopts a resolution revoking such approval or status.
3. The city clerk shall notify the property owner in writing of the planning commission’s and city council’s action.
D. Right Of Appeal: The property owner, applicant, or other interested party may appeal to the city council a decision of the planning commission to revoke or not revoke a variance, conditional use permit, temporary use permit, or legal nonconforming status of a use or structure. The appeal shall be filed and considered in accordance with the provisions of this municipal code. (Ord. #1563, §3)
25-100-9: MINISTERIAL REVIEW:
Housing development projects that are required to undergo a ministerial review procedure by provisions of this zoning code or state law (but not including projects that are solely the development of accessory dwelling units) shall follow the procedures set forth in this section unless modified by state law. Exception: for projects undergoing ministerial review due to housing element law (e.g., on previously identified sites), any subdivision of a site shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act, thus the subdivision action is not subject to the procedures in this section.
A. Application: An application for site plan review approval shall be submitted for projects subject to this section. Projects subject to this section shall not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a "project" for purposes of division 13 (commencing with section 21000) of the Public Resources Code, also known as the California Environmental Quality Act.
B. No Public Hearing: A public hearing, including public hearing notice, is not required.
C. Decision Authority: The development services director or designee has the authority to approve or deny the application for site plan review approval.
D. Decision Criteria: The findings that are listed as a basis of approval or denial of a site plan review shall not be used. Instead, the decision maker shall determine whether the project is consistent with the objective, quantifiable, written development standards, plans, and policies applicable to the project. The decision maker, in approving a project may impose conditions as are reasonably necessary to ensure the project is consistent with the objective, quantifiable, written development standards, plans, and policies applicable to the project.
E. Environmental Review: As the decision maker exercises little or no discretion, an approval of an application subject to the procedures in this section is not a "project" for the purposes of the California Environmental Quality Act. A project subject to this section may be subject to mitigation measures or other environmental requirements.
F. No Appeal or Review: The decision on the application is not subject to appeal or to review by a higher body. Within ten (10) working days of a decision, any person believing the decision includes an error may submit to the decision maker or designee a request to revise the decision. The decision maker or designee may issue a revised decision within thirty (30) calendar days of the request. (Ord. #1782, §2 (Exh. 1))