Article IV — Revocation, Modification and Expiration

A.

Upon recommendation by the director of community development, the commission shall conduct a noticed public hearing to determine whether such variance or conditional use permit should be revoked, unless the city council granted or modified such variance or conditional use permit upon the condition that it be subject only to city council revocation, in which case the commission may, but need not, make a recommendation concerning the revocation and the city council shall conduct the required public hearing. If the commission or city council finds any one of the following facts to be present, it shall immediately revoke or modify the variance or conditional use permit unless it concludes that some other action is appropriate to address the circumstances warranting revocation, in which case that action shall be immediately implemented or imposed:

1.

The variance or permit was obtained by fraud; or

2.

The use for which such approval was granted has ceased to exist by reason of a voluntary abandonment; or

3.

The permit or variance granted is being or has been exercised contrary to any conditions of approval imposed upon such permit or variance, or in violation of any law; or

4.

The use for which the approval was granted in being exercised so as to be detrimental to the public health or safety, or so as to constitute a public nuisance.

B.

If the revocation hearing is conducted by the commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Sections 18.52.120 through 18.52.150.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The period of validity for any variance or conditional use permit approved by the city shall be as set forth in Section 18.04.110. Time extension(s) of the period of validity for any variance of conditional use permit approved by the city shall be granted only in accordance with Sections 18.04.120 and 18.04.130.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Conditions may be modified, eliminated, or new conditions added to any variance or conditional use permit, in compliance with Section 18.04.120.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Article V. - Additional Regulations

18.52.190 - Single room occupancy (SRO) developments.

A.

All SRO's shall obtain approval of a conditional use permit prior to establishing such use within the city and shall pay to the city the regular fees associated with such permit. The conditional use permit application for any such use shall include a management plan for the facility, which shall provide sufficient detail regarding how the facility will be operated and managed in order that the city may determine that the facility will be compatible with surrounding uses, including the following information, at a minimum:

1.

If residents and/or common areas are to be supervised or monitored, how and when such supervision or monitoring shall be provided, including whether twenty-four-hour on-site resident management will be provided, the manner in which compliance with all rules and regulations of the city or state applicable to the operations will be observed and maintained, and whether and what house rules will be applied to residents and how such rules will enforced by the operator of the proposed facility;

2.

The total number of residents proposed to occupy the SRO and the total number of rental rooms to be occupied shall be in compliance with the maximum number permitted by this section;

3.

The number, type, and general responsibilities of staffing for the facility;

4.

How the facility will provide equal access to housing to those who are handicapped or disabled;

5.

Provisions for internal and external security, including vehicle security;

6.

Methods for tenant selection;

Nature of rules that will apply to residents ("house rules"); and

8.

Any other information which the applicant feels demonstrates that the facility will be well-managed in harmony with adjacent uses.

B.

Conditional use permits granted pursuant to this section shall contain all of the following conditions, in addition to any other reasonable conditions which may be imposed by the city upon the granting of such permits:

1.

All SRO operations shall comply with a city approved management plan;

2.

Revisions to the management plan shall require modification of the approved conditional use permit and the city approved management plan, except that minor changes, that do not fundamentally alter the operations or the management plan of the facility, may be approved by the director;

C.

Any conversion of an SRO to an apartment, condominium or other multi-family development must comply with the density requirements of this code and the city's general plan at the time of such conversion.

D.

All SRO facilities shall comply with the parking requirements applicable to SROs, as set forth in Chapter 18.48 of this code, prior to establishing such use within the city, unless otherwise modified through the conditional use permit approval process.

E.

No parolee shall be permitted to reside in a SRO. at any time, except as may be preempted by state or federal law.

F.

No such facility shall be within five hundred feet of any other similar facility.

G.

No SRO, shall be within five hundred feet of any public or private school (pre-school through twelfth grade), including child day care facilities, as defined in Section 18.06.072 of this code and pre-schools; any residential care facilities, as defined in this title; any family day care home, as set forth in California Health and Safety Code Division 2, Chapter 3.6 (Health and Safety Code Section 1597.30 et seq.); any bar (with a license for the sale of alcoholic beverages for on-site consumption from the department of alcoholic

beverage control); or any facility or retail business establishment selling alcohol (with a license for the sale of alcoholic beverages for off-site consumption from the Department of Alcoholic Beverage Control).

H.

The distance requirements herein shall be measured from the closest property line to the closest property line, along a straight line extended between the two points.

I.

All facilities shall require residents to sign an agreement that provides that a conviction for any criminal violation, not including infractions and minor traffic violations, during residency, is grounds for termination of residency whether the rental, lease, or sublease agreement is written or oral.

J.

Facilities shall be in compliance with all requirements of the city's zoning code at all times, as well as any other applicable provisions of this code, including obtaining any other permits or licenses, such as building permits or a business license, required before establishing, expanding or maintaining the use.

K.

Any violation of any local, state or federal laws by residents while on the premises shall be grounds for revocation of the conditional use permit, including but not limited to any violations of this section, where the property owner contributed to or did not take all reasonable steps to protect against or prevent the violation; and for any violation of California Penal Code Section 3003.5 or Chapter 9.66 of this code.

L.

No SRO shall be maintained in a manner which constitutes a nuisance, as defined in California Civil Code Section 3479 or other applicable law. Conduct in violation of any of the terms of this chapter or other applicable provisions of this code is hereby found and declared to be a public nuisance, and the city attorney or the district attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such SRO and restrain and enjoin any person from conducting, operating or maintaining an SRO contrary to the provisions of this chapter or code.

M.

Any owner, operator, manager, employee or independent contractor of a SRO, violating or permitting, counseling, or assisting the violation of any of the provisions of this chapter or applicable provisions of this code regulating boarding or rooming houses shall be subject to any and all civil remedies, including conditional permit revocation, criminal penalties pursuant to Chapter 1.08 of this code, and/or administrative citations pursuant to Chapter 1.09. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Article VI. - Additional Regulations

These standards are applicable to facilities including residential care homes with seven or more residents, and extended care facilities. The standards of this section shall be in addition to all applicable state and federal requirements.

A.

Development Standards. The care facility shall comply with the development standards for the applicable zone unless the use is proposed in an existing non-conforming structure where compliance is infeasible.

B.

Occupancy. The maximum occupancy of any residential care facility shall not exceed the maximum permitted by regulations of the state of California, and the Los Angeles County Department of Public Health, as applicable. Total occupancy of any facility may be further regulated by the provision of adequate parking for the use.

C.

Residential Adjacency. Where a new residential care facility is adjacent to a residential use, the following standards shall apply:

1.

The front setback shall be equal to or greater than the adjacent existing residential use.

2.

Maximum building height within twenty feet of the residential property line shall be limited to one story greater than the existing residential use and the maximum height allowed by the zoning of the property.

D.

Congregate Dining. Congregate dining facilities are subject to the following conditions:

1.

Dining shall be limited to use by residents, guests, and employees.; Dining facilities shall not be open to the public.

2.

A separate service entrance to the kitchen with an adequate loading area shall be provided.

E.

Accessory Uses. A facility may include accessory retail and personal service uses appropriate for the population served and limited to use by residents of the individual facility, subject to the permit

requirements of the applicable zone.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Chapter 18.54 - TEMPORARY USES[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 3098, § 2, adopted March 26, 2019, repealed the former Ch. 18.54, §§ 18.54.010 —18.54.050, and enacted a new chapter as set out herein. The former Ch. 18.54 pertained to similar subject matter and derived from prior code, §§ 9290—9293; Ord. 2862, § 1(part), adopted in 2005; and Ord. 2863, § 1(part), adopted in 2005.