Chapter 17.26
CLASS V APPLICATIONS—DISCRETIONARY
Sections:
17.26.030 Review Authority and Related Procedures.
17.26.040 Application Filing, Fees, and Project Review.
17.26.050 Project Notice and Required Actions.
17.26.070 Post-Decision Procedures.
17.26.100 Billboard Reduction and Relocation Agreement.
17.26.110 General Plan Amendments.
17.26.130 Ridgeline Alteration Permit.
17.26.010 Purpose.
The Class V application is a discretionary process for reviewing uses that are nonlegislative but require Council approval. Class V applications require public notification and public hearings before both the Commission and the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.26.020 Applicability.
A Class V application is required to authorize nonlegislative actions by the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.26.030 Review Authority and Related Procedures.
A. General Requirements. Class V applications shall be approved, conditionally approved, or denied by the approving authority in compliance with Table 17.06-1 (Review Authority), any additional requirements, or review criteria for a Class V review established in this code.
B. Assignment. The Director shall assign a Class V application to the Commission for a public hearing and recommendation to the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.26.040 Application Filing, Fees, and Project Review.
Applications for a Class V application shall be in compliance with Sections 17.06.040 (Multiple Applications), 17.06.060 (Application Filing and Withdrawal), 17.06.070 (Fees and Deposits), 17.06.080 (Initial Application Review), and 17.06.090 (Project Evaluation and Staff Reports). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.26.050 Project Notice and Required Actions.
The Director shall provide notice of the hearing in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)) on a Class V application before taking any action. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.26.060 Public Hearing.
The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.26.070 Post-Decision Procedures.
Class V application post-decision procedures shall be in compliance with Sections 17.06.160 (Notice of Action and Findings), 17.06.170 (Effective Date of Decision), 17.06.180 (Scope of Approvals), 17.06.190 (Conditions of Approval), 17.06.200 (Use of Property before Final Action), 17.06.210 (Approvals Run with the Land), 17.06.220 (Performance Guarantees and Covenants), 17.06.230 (Time Limits and Extensions), 17.06.150 (Decision after Administrative Hearing or Public Hearing), and 17.06.240 (Resubmission of Application). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.26.100 Billboard Reduction and Relocation Agreement.
Subsections:
A. Purpose.
B. Application Filing, Fees and Project Review.
C. Project Notice and Required Actions.
D. Commission and Council Actions.
E. Findings.
F. Procedure and Review.
A. Purpose. This section establishes procedures for the discretionary consideration of the removal and relocation of pre-existing, legally established billboards to new and different locations, and to enable the substitution of billboards meeting more current standards, while achieving an overall reduction in the number of billboards throughout the City in accordance with the State policy set forth in and local discretion authorized by Business and Professions Code Section 5412.
B. Application Filing, Fees and Project Review. Applications for a billboard reduction and relocation agreement shall be in compliance with this chapter.
C. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
D. Commission and Council Actions.
1. Commission Recommendation. A recommendation by the Commission relative to a billboard reduction and relocation agreement shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of an agreement, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council per Chapter 17.07 (Appeals or Certification of Review).
2. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
3. Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).
4. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a billboard reduction and relocation agreement; provided, that any modification of the proposed agreement by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.
5. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
E. Findings. The review authority may approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following:
1. The proposed billboard reduction and relocation agreement complies with City zoning, subdivision, and other applicable ordinances and regulations;
2. The relocated signage complies with the applicable requirements of this section, Section 17.38.005 (BR—Billboard Relocation Overlay Zone), and Section 17.51.080 (Sign Regulations (Private Property)); and
3. The agreement results in:
a. A net reduction in the total number of legally established billboards in the City, and for any agreements originally approved after June 1, 2014 (and excluding any agreement originally approved prior to such date including any amendments to such agreements), at a ratio of at least twenty-four (24) to one (1); and
b. A net reduction in the total square footage of sign area of legally established billboards in the city.
F. Procedure and Review.
1. Expiration. A billboard reduction and relocation agreement shall expire on the date designated by the Council in the agreement.
2. Renewal. An approved billboard reduction and relocation agreement may be renewed for a period approved by the City Council, with notice and public hearing, if the Council determines that findings made and conditions imposed on the original approval still apply. The renewal period, if approved, shall specify the new expiration date of the agreement. Application for renewal shall be made in writing at least one hundred eighty (180) days prior to lapse of the original approval.
3. Amendments. A billboard reduction and relocation agreement may be amended in the same manner as provided for adoption of a billboard reduction and relocation agreement by this section, or as otherwise provided in the agreement.
4. Review. All approved billboard reduction and relocation agreements may be periodically reviewed by the Council, for compliance with the features of the plan and conditions of approval, at time intervals as directed by the Council. The review may take place at a noticed public hearing as provided with Section 17.06.110 (Type II Public Noticing (Public Hearing)). The owner shall be notified in writing of the reviewing body’s determination. If the Council finds noncompliance with the plan or the conditions of approval, it may direct the withholding of building and other permits for any billboards covered by the agreement until compliance is achieved and/or schedule a public hearing before the Council for revocation of the billboard reduction and relocation agreement. Such hearing shall be noticed as required with Section 17.06.110 (Type II Public Noticing (Public Hearing)). (Ord. 14-1 § 5 (Exh. A), 3/25/14)
17.26.110 General Plan Amendments.
Subsections:
A. Purpose.
B. Initiation.
C. Application Filing, Fees, and Project Review.
D. Project Notice and Required Actions.
E. Commission and Council Actions.
F. Findings.
A. Purpose. This section establishes procedures for consideration of amendments, additions, deletions, or changes to the General Plan and associated maps and/or exhibits. The General Plan and associated maps and/or exhibits may be amended in accordance with the procedure prescribed in this section as authorized by the State Government Code.
B. Initiation.
1. Initiation by the City. A General Plan amendment may be initiated by the following review authorities:
a. Council. The Council may instruct the Director to initiate an amendment;
b. Commission. The Commission may instruct the Director to initiate an amendment; or
c. Director. The Director may initiate an amendment.
2. Initiation by the Applicant. A General Plan amendment may be initiated by the filing of a Class V application.
3. Timing of General Plan Amendments. Each mandatory element of the General Plan may be amended up to four (4) times in a single calendar year in compliance with Section 65358 of the State Government Code.
C. Application Filing, Fees, and Project Review. Applications for a General Plan amendment shall be in compliance with this chapter.
D. Project Notice and Required Actions. The notice of the public hearings shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
E. Commission and Council Actions.
1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.
2. Commission Recommendation. A recommendation by the Commission relative to a General Plan amendment shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a General Plan amendment, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).
3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
4. Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).
5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a General Plan amendment; provided, that any modification of the proposed General Plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.
6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
F. Findings. The Council shall approve an application only after the applicant substantiates the following:
1. The proposed General Plan amendment meets all of the findings per Section 17.06.130 (Findings and Decision);
2. Properties which benefit from increased density or intensity of development resulting from the General Plan amendment shall fully mitigate their increased sewer impact at the time that development occurs on the properties.
3. In addition, the Council shall make at least one (1) of the following findings:
a. The proposed General Plan amendment is consistent with other elements of the City’s General Plan pursuant to Government Code Section 65300.5.
b. The proposed General Plan amendment, if applicable, responds to changes in State and/or Federal law pursuant to Government Code Section 65300.9.
c. The proposed General Plan amendment has been referred to the County of Los Angeles and any adjacent cities abutting or affected by the proposed action, the Local Agency Formation Commission (LAFCO), and any Federal agency whose operations or lands may be affected by the proposed decision pursuant to Government Code Section 65352. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 20-10 § 6, 12/8/20)
17.26.120 Master Plans.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Project Notice and Required Actions.
E. Commission and Council Actions.
F. Findings.
G. Procedure and Review.
H. Permitted Uses.
I. Property Development Standards.
A. Purpose. This section establishes procedures for consideration of master plans as authorized by the State Government Code. A master plan is intended to achieve the following purposes:
1. Establish a procedure by which multiple uses and development can be evaluated, considered, and approved concurrently, thereby reducing processing time and uncertainty by eliminating the need for multiple entitlements to be obtained over the life of a development project;
2. Ensure orderly and comprehensive City review of development plans resulting in more compatible and desirable development; and
3. Master plans shall be considered only for development projects in which the site can be developed in such a way that buildings, structures, pedestrian and vehicular circulation, landscaping and open space relate harmoniously to create a campus-like setting.
B. Applicability. The Director may require public, semi-public, or private uses of any size in the City to submit a master plan, appropriate environmental documents and plans including but not limited to landscape, transportation, and building, as required by this chapter. Permitted and conditionally permitted uses may be included in an application for a master plan. The submission of applications for additional use permits will not be required; provided, that uses proposed are consistent with the provisions of the master plan.
1. Projects That Are Consistent. After a master development plan is approved, proposed projects consistent with the plan, as determined by the Director, shall not require a conditional use permit or a minor use permit, but shall comply with all other requirements of this code.
2. Projects That Are Inconsistent. If a project that is inconsistent with an approved master plan is proposed for a site located within an area covered by such plan, an application shall be filed for an amendment to the plan as authorized by this code.
C. Application Filing, Fees, and Project Review. Applications for a master plan shall be in compliance with this chapter.
D. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
E. Commission and Council Actions.
1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.
2. Commission Recommendation. A recommendation by the Commission relative to a master plan shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a plan, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).
3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
4. Public Hearing by the Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).
5. Council Action on Commission Recommendations. The Council may approve, modify or reject the recommendation of the Commission involving a master plan; provided, that any modification of the proposed plan by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.
6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
F. Findings. The Council shall approve an application only after the applicant substantiates the required findings per Section 17.06.130 (Findings and Decision).
G. Procedure and Review.
1. Expiration. A master plan shall expire on the date designated by the Council.
2. Renewal. An approved master plan may be renewed for a period approved by the Council, with notice and public hearing in accordance with Section 17.06.110 (Type II Public Noticing (Public Hearing)), if the Council determines that findings made and conditions imposed on the original approval still apply. The renewal period, if approved, shall specify the new expiration date of the plan. Application for renewal shall be made in writing between thirty (30) and sixty (60) days prior to lapse of the original approval.
3. Amendments. Any amendments to such master plans or regulations shall also be adopted in accordance with the State Government Code provisions and those mentioned below:
a. A master plan may be amended in the same manner as provided for adoption of a master plan by this section.
b. An amendment to a master plan may be initiated by the Director, Commission, or Council. An amendment may also be initiated by the applicant for the master plan or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the master plan.
c. The City’s review of the proposed amendment shall be limited to the scope of the application, and shall not address reconsideration of aspects of the existing master plan, including conditions of approval, that are not the subject of the application, except as such aspects that may be affected by the proposed amendment.
4. Review. All approved master plans may be periodically reviewed by the Director, Commission, or other body designated by the Council, for compliance with the features of the plan and conditions of approval, at time intervals identified by the Director. The review may take place at a noticed public hearing as provided with Section 17.06.110 (Type II Public Noticing (Public Hearing)). The owner shall be notified in writing of the approving authority’s determination. If the approving authority finds noncompliance with the plan or the conditions of approval, it may direct the Director to withhold building and other permits for any development within the area covered by the plan until compliance is achieved and/or direct the Director to schedule a public hearing before the Council for revocation of the master plan. Such hearing shall be noticed as required with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
H. Permitted Uses. Master plans may be considered for development projects, which meet the following:
1. Multiple uses can be included and considered as part of a master plan. The following uses may be approved as part of a master plan:
a. Uses permitted or conditionally permitted in the underlying zone;
b. Uses accessory to a permitted or conditionally permitted use; and/or
c. Uses similar in nature and directly associated with and dependent upon the primary function of the master plan.
I. Property Development Standards. All development standards of the underlying zone shall apply to master plans. The approving authority shall be permitted to increase the setback requirements of the underlying zone and also to modify or delete the following requirements when it can be shown that the alternative achieves a similar purpose.
1. The master plan shall be designed and developed in a manner compatible with and complementary to existing development in the immediate vicinity of the project site. Site planning on the perimeter shall provide for the protection of the property from adverse surrounding influences, as well as protection of the surrounding areas from potentially adverse influences within the development. The applicant shall include the anticipated architectural themes for the master plan area with the submittal of the master plan for review and approval.
2. Building architecture throughout the project is consistent and complementary.
3. If the project is to be developed in stages, the master plan shall coordinate improvement of the site, the construction of structures, and improvements in such open space in order that each development stage achieves a proportionate share of the total open space and environmental quality of the total planned development.
4. Master plans shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of watercourses, drainage areas, ridgelines, oak trees, significant flora and/or fauna, and similar features and areas. These areas shall be designed to use and retain the features and amenities to the greatest extent possible.
5. Accessory uses and structures shall be located as specified on the development plans as approved by the Council; provided, however, that accessory structures shall meet all of the setbacks for site development as specified in the master plan and the underlying zone in which it is located. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.26.130 Ridgeline Alteration Permit.
Subsections:
A. Purpose.
B. Applicability.
C. Application Filing, Fees, and Project Review.
D. Project Notice and Required Actions.
E. Commission and Council Actions.
F. Findings.
A. Purpose. In an effort to achieve the City’s objective to preserve the ridgelines within the City limits for the public health, safety, and welfare for the long-term benefit of the community, maintenance of the unique visual characteristics, resources, and ridgeline integrity, and to achieve a higher quality of life for its residents, the ridgeline alteration permit is established to regulate development located in the ridgeline preservation (RP) overlay zone.
B. Applicability. A ridgeline alteration permit shall be filed as a Class V application, subject to this chapter. The reviewing authority shall review an application for a ridgeline alteration permit for any development, including but not limited to grading permits, building permits and land use entitlements, in the vicinity of a generally designated significant ridgeline designated on the ridgeline preservation overlay zone. Exceptions include minor improvements to existing, developed, single-family homes and property, where the Director may approve projects that require minor grading or are limited in scope such as those regarding yard areas for pool/spa construction, landscaping, additions to existing structures or construction of accessory structures. When limited in scope and associated with existing single-family residences, the Director may also review projects, or may refer projects to the Planning Commission and/or City Council that require grading of large, flat areas, such as sports courts or riding rings.
C. Application Filing, Fees, and Project Review. Applications for a ridgeline alteration permit shall be in compliance with this chapter.
D. Project Notice and Required Actions. The notice of the public hearing shall be in compliance with Section 17.06.110 (Type II Public Noticing (Public Hearing)).
E. Commission and Council Actions.
1. Public Hearing by the Commission. The Commission shall conduct public hearings in compliance with Sections 17.06.120 (Public Hearing Procedure) and 17.06.140 (Recommendations after Public Hearing) and forward their recommendation to the Council.
2. Commission Recommendation. A recommendation by the Commission relative to a ridgeline alteration permit shall be by resolution carried by the affirmative vote to the Council. If the Commission has recommended against the approval of a ridgeline alteration permit, the Council shall not be required to take further action, and the action of the Commission shall become final unless appealed to the Council in accordance with Chapter 17.07 (Appeals or Certification of Review).
3. Notice of Commission Action. The Commission shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
4. Public Hearing by Council. After receipt of the Commission’s affirmative recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in Section 17.06.110 (Type II Public Noticing (Public Hearing)).
5. Council Action on Commission Recommendations. The Council may approve, modify, or reject the recommendation of the Commission involving a General Plan amendment, provided any modification of the proposed ridgeline alteration permit by the Council not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation. The Commission shall not be required to hold a public hearing.
6. Public Hearing by Council—Notice of Action Taken. The Council shall serve a notice of its action in the manner prescribed by Section 17.06.160 (Notice of Action and Findings).
F. Findings. The Council shall approve an application only after the applicant substantiates all of the findings per Section 17.06.130 (Findings and Decision) in addition to the following:
1. The use or development will not be materially detrimental to the visual character of the neighborhood or community, nor will it endanger the public health, safety, or general welfare.
2. The appearance of the use or development will not be substantially different than the appearance of adjoining ridgeline areas so as to cause depreciation of the ridgeline appearance in the vicinity.
3. The establishment of the proposed use or development will not impede the normal and orderly development and improvement of surrounding properties, nor encourage inappropriate encroachments to the ridgeline area.
4. The proposed use or development demonstrates creative site design resulting in a project that will complement the community character and provide a direct benefit to current and future community residents of not only the proposed use or development, but the residents of the City as a whole.
5. The use or development minimizes the effects of grading to the extent practicable to ensure that the natural character of the ridgeline is preserved.
6. The proposed use or development is designed to mimic the existing topography to the greatest extent possible through the use of landform contour grading.
7. The proposed use or development does not alter natural landmarks and prominent natural features of the ridgelines. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 15-11 § 5 (Exh. A), 12/8/15)