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SEC. 12.24.1.  LAND USE DETERMINATION BY CITY PLANNING COMMISSION.
   (Title Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
 
   A.   Purpose.  The principal objective of the Land Use Element of the General Plan is to provide for the proper location of all types of land use. Among those land use categories which are necessary to the public health, safety, welfare and convenience are Public, Quasi-Public, Public/Quasi-Public Use, Other Public and Open Space. Physical development in these areas is intended to be used in a manner consistent with such designated purposes. This principle also applies to property shown, on the land use map of the General Plan as having existing lakes, waterways, reservoirs, debris basins, or similar facilities, or as the location of a freeway right-of-way; and to any property annexed to the City of Los Angeles where a Plan amendment was not adopted as part of the annexation proceedings. Any other use of these parcels requires special consideration as to its appropriateness in relation to adjacent uses, to the development of the community, and to the various Elements of the General Plan. Therefore, the development of such locations shall be regulated by the following provisions of this section.
 
   B.   Scope.  This section shall apply to any property designated by the land use map of the applicable Community or District Plan for a land use category of Public, Quasi-Public, Public/Quasi-Public Use, Other Public, or Open Space, and to property shown on such map as having existing lakes, waterways, reservoirs, debris basins, or similar facilities, or as the location of a freeway right-of-way. This section shall also apply to any property which was annexed to the City of Los Angeles where a Plan  amendment was not adopted as part of the annexation proceedings.
 
   Notwithstanding the above, this section shall not apply to any of the following:
 
   1.   The issuance of a building permit for any alteration, remodeling or repair of an existing building or structure if such alteration does not increase the height, floor area, number of occupants, dwelling units, guest rooms, or parking previously existing for said building or structure and does not change the use;
 
   2.   A use consisting of one single-family dwelling, including accessory uses;
 
   3.   A residential use consisting of more than one dwelling units, including accessory uses, which does not exceed 10% of the density permitted by the zoning on said lot;
 
   4.   A nonresidential use permitted by the zoning of a lot, provided that such, use (including all buildings, driveways, roadways, or other paved or impermeable surfaces) does not cover more than 20% of the lot area, and that any proposed buildings or structures do not exceed two stories or 25 feet in height;
 
   5.   Any valid conditional use, which has not expired;
 
   6.   Any tentative tract where a determination of consistency with the General Plan was adopted or approved after January 1, 1979, and has not expired, provided such action was taken subsequent to the adoption of the Community or District Plan land use designation for the area involved;
 
   7.   Uses expressly exempted from the provisions of this section by an ordinance changing the zone classification of a lot;
 
   8.   A use permitted by an ordinance establishing a Supplemental Use District pursuant to Section 13.00et seq. of this Code;
 
   9.   Developments where a final determination of consistency with the General Plan was made prior to June 1, 1988, pursuant to Sections 5 or 6 of Ordinance No 159,748, the Interim Permit Consistency Ordinance;
 
   10.   Parks, playgrounds or community centers, owned and operated by a federal state or local governmental agency;
 
   11.   (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)  Projects subject to Section 15.00 of this Code;
 
   12.   Property within the boundaries of the adopted Port of Los Angeles District Plan and subject to the provisions of the adopted Port Master Plan, which is a local coastal program implementing the provisions of the California Coastal Act of 1976; and
 
   13.   Property for which a written determination of exception by the Director of Planning pursuant to Subsection H. of this section has been obtained.
 
   C.   Authority of City Planning Commission.  (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)  If the City Planning Commission finds that a lot is within the scope of this section, as set forth in Subsection B., then the City Planning Commission may approve a use permitted by the zoning of the lot if it finds that the proposed use at the proposed location will be proper in relation to adjacent uses, desirable to the public convenience or welfare and that the use and location will be consistent with the objectives of the various elements of the General Plan.  In making a determination of consistency, the City Planning Commission shall consider whether the density, intensity, (i.e., floor area), height and use of the proposed development are permitted by and compatible with the designated use, density, intensity, height (or range of uses, densities, intensities or heights) set forth for adjacent and surrounding properties on the land use map of the applicable community or district plan and as those designations are further explained by any footnotes on the map and the text of the plan.
 
   D.   Conditions of Approval.  (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)  In granting an approval of a use pursuant to this section, the City Planning Commission may impose conditions as it deems necessary to protect the best interests of the surrounding property or neighborhood, to assure that the proposed use will be compatible with land uses, zoning classifications, and other restrictions of adjacent and surrounding properties, and to secure an appropriate development in harmony with the objectives of the General Plan.
 
   E.   Procedure and Appeal.  (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)  The procedures for approval and appeal of any land use determination pursuant to this section shall be by the City Planning Commission as the initial decision-maker or the Council as the appellate body.  The procedures for reviewing deciding on applications shall be those in Section 12.24 B. through Q. of this Code.  A land use determination made pursuant to this section shall be deemed a conditional use for and subject to the provisions of Sections 12.24 U., 12.24 Z., and 12.24 AA. of this Code.
 
   F.   Existing Uses.  For any lot or portion thereof being lawfully used at the time this section becomes effective, such use shall be deemed to be an approved use for purposes of this section. Further, the conditions included in any special district ordinance, exception or variance which authorizes such use shall also continue in effect.
 
   G.   Development, Change or Discontinuance of Uses.
 
   1.   Development of Site.  (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)  On any lot or portion of a lot on which a use is permitted pursuant to the provisions of this section, new buildings or structures may be erected, enlargements may be made to existing buildings, and existing uses may be extended on an approved site, provided plans are submitted to and approved by the City Planning Commission.
 
   The City Planning Commission may delegate to the Director of Planning the authority to approve on behalf of the City Planning Commission plans for the development of an approved use site.  If this authority is delegated, the City Planning Commission shall establish reasonable guidelines and policies to be followed in the exercise of this delegated authority. (Para. Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
 
   Any person submitting development plans, or any other person aggrieved by a determination of the Director or his duly authorized representative made relative to the approval or disapproval of a development plan may appeal said determination to the City Planning Commission. Such appeal shall be in writing upon forms provided by the Department of City Planning. Such appeal shall set forth specifically the basis of the appeal and the reasons why the determination should be reversed or modified. Such appeal shall be filed within 15 days from the date of mailing of the director’s determination.
 
   2.   Reduction of Site.  (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)  So long as the use permitted by this section is continued, the entire approved site shall be retained for that use, and no portion of the site shall be severed or utilized for other purposes unless the plans for the reduced site are first submitted to and approved by the City Planning Commission.
 
   The determination of the City Planning Commission on a proposed reduction of the area of an approved site shall be subject to the same appeal as is provided for an application to establish the use.  (Para. Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)
 
   3.   Conditions of Approval.  (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.)  In connection with the approval of use plans, the City Planning Commission may impose conditions on the same basis as provided for in this section for the establishment of new uses.
 
   4.   Change of Use. No use approved under this section may be changed to a different type of use unless the new use is authorized in accordance with the procedure prescribed in this section for the establishment of a use.
 
   5.   Discontinuance of Use. If a use is abandoned, or is discontinued for a period of one year, it may not thereafter be reestablished unless authorized in accordance with the procedure  prescribed in this section for the establishment of a use.
 
   H.   Exception. Notwithstanding any provisions of this section to the contrary, a lot is excepted from the provisions of this section if the Director of Planning, pursuant to an application therefor, makes the following findings:
 
   1.   that the General Plan/Zoning Consistency Program has been completed for the subject property;
 
   2.   that the subject property is designated on the applicable Community or District Plan land use map as Public, Quasi-Public, Public/Quasi-Public Use, Other Public, or Open Space; that the density, intensity (i.e., floor area), height and use of the proposed development are permitted by and consistent with the designated use, density, intensity, height set forth for all adjacent and surrounding properties on the land use map of the applicable Community or District Plan, and as such designations are further explained by any footnotes on the map and the text of such Plan; and
 
   3.   that the density, intensity (i.e., floor area), height and use of the proposed development are permitted by and consistent with the designated use, density, intensity, height set forth for all adjacent and surrounding properties on the land use map of the applicable Community or District Plan, and as such designations are further explained by any footnotes on the map and the text of such Plan; and
 
   4.   that at the time of the completion of the General Plan/Zoning Consistency Program, the subject property was not owned or operated by any federal, state, or local governmental agency.
 
   The Director shall also make a finding as to the use of the subject property at the time of the completion of the General Plan/Zoning Consistency Program for the subject property. If the Director finds that the property was vacant or undeveloped land or was being used for any of the following uses, then the Director shall disapprove the exception request:
 
   (i)   Park;
 
   (ii)   Recreation Site;
 
   (iii)   School, including College;
 
   (iv)   Golf Course, or Club;
 
   (v)   Natural Resource Preserve;
 
   (vi)   Public or Private Beach;
 
   (vii)   Lake, Waterway, Reservoir; Debris Basin, or Similar Facilities;
 
   (viii)   Freeway rights-of-way;
 
   (ix)   Street ; or
 
   (x)   Public Utility rights-of-way (not including railroad  rights-of-way).
 
   I.   Map Symbol.  A pound symbol, “#”, or other appropriate designation, may be placed on the Zoning Map at the conclusion of the General Plan/Zoning Consistency Program for a Community or District Plan area. A pound symbol on the Zoning Map indicates that the Director of Planning has determined the properties so marked are designated by the land use map of the applicable Community or District Plan, for Public, Quasi–Public, Public/Quasi–Public Use, Other Public, or Open Space use. A pound symbol may also indicate that the Director has determined the properties so marked are shown on such District or Community Plan maps as being lakes, waterways, reservoirs, debris basins, or similar facilities, or as the location of a freeway right-of-way.
 
   The purpose of this symbol is to provide assistance to the public and appropriate City agencies in the administration of this section. It does not change the zoning classification of the parcel.
 
   However, if the Director determines that a pound symbol has been placed on the Zoning Map as a result of an error, then he shall make a written finding to that effect and authorize such correction to the map as may be necessary. The fact that a property or use comes within an exception under Subsection B. of this section does not require the removal of a pound symbol from the Zoning Map.
 
   A property which is designated on a District or Community Plan in a manner which causes it to be subject to the provisions of this section shall be governed by this section whether or not the Zoning Map bears a pound symbol for that property.