§ 22.46.2190. Substantial Conformance Review  


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  • A. General. Except for the activities exempted under Section 22.46.2040.C of this Specific Plan, no grading permit, foundation permit, building permit, or land use permit, including a change of use, shall be issued for a Project until a Substantial Conformance Review application has been approved pursuant to the procedures set forth in this Section.

    B. Director's Authority. The Director shall have the authority to review each Project for substantial compliance with the applicable requirements of this Specific Plan and applicable provisions of the Zoning Code not addressed by this Specific Plan. The Director may consult with other County Departments as necessary, including, but not limited to, the Department of Public Works and the Los Angeles County Fire Department. If the Project is in substantial compliance with the applicable requirements of this Specific Plan, the Director shall grant a Substantial Conformance Review determination conditioned upon the applicable requirements of this Specific Plan and the applicable provisions of the Zoning Code not addressed in this Specific Plan. If the Project fails to be in substantial compliance with the applicable requirements of this Specific Plan, the Director shall deny the application for a Substantial Conformance Review determination.

    C. Procedures. A Substantial Conformance Review application shall be filed by the Applicant using the Ministerial Site Plan Review application form with associated fees from Section 22.60.100 of the Zoning Code. The Substantial Conformance Review application shall be deemed complete within thirty (30) calendar days of submittal unless the Director advises the Applicant in writing that the application is considered incomplete and the specific reasons therefore. Within sixty (60) calendar days of the receipt of a complete application, as determined by the Director, the Director shall either approve the Substantial Conformance Review application or deny the application and indicate how the Substantial Conformance Review application is not in substantial compliance with this Specific Plan or any applicable Zoning Code regulations not addressed in this Specific Plan, unless the time limit is extended by the mutual consent of the Applicant and the Director. The decision of the Director shall be final and not appealable.

    D. Applications. In addition to the forms that may be required under Section 22.46.2190.C above, the following information and documents shall be submitted with an application for Substantial Conformance Review:

    1. All applications for Substantial Conformance Review shall contain the following information: name, signature and address of the Applicant and of all persons owning any or all of the property included in the application; evidence that the Applicant is the owner of the property involved or has written permission of the owner(s) to make such application; location of subject property; legal description of property; and description of the proposed facility or use.

    2. A site plan, in such quantities or electronic form as determined by the Director, illustrating the proposed use, type of operation, and construction boundaries of the Project. Site plans must be drawn to a scale and sufficient detail satisfactory to the Director.

    3. An updated Conceptual Site Plan that identifies the Project that is the subject of the Substantial Conformance Review application and for informational purposes only the existing structures and uses, and other proposed conceptual development distinguished from existing uses and the Project. Each Conceptual Site Plan submitted to the Director shall be numbered sequentially and dated.

    4. With each Substantial Conformance Review application, the Applicant shall prepare and submit to the Director a report containing an inventory of actual cumulative to date and proposed quantities in cubic yards of earth import and export relative to the total 530,000 cubic yards of import or export, and maximum On-Site grading quantities allowed by Section 22.46.2110.A and D. of this Specific Plan. The Director shall use said report to compare with the current inventory on file with the Department of Regional Planning to monitor compliance with the provisions of Section 22.46.2110 of this Specific Plan.

    5. With each Substantial Conformance Review application, the Applicant shall prepare and submit to the Director a report containing a table, in the format shown on Table 20-1, with an inventory of Floor Area for each Land Use Category as follows:

    a. Total Existing Development (square feet);

    b. Proposed Project Demolition (square feet);

    c. Proposed Project Gross New Development (square feet);

    d. Proposed Project Net New Development (square feet); and

    e. Total Development including Proposed Project (square feet).

    The Director shall use said report to compare with the current inventory on file with the Department of Regional Planning to monitor compliance with the Total Permitted Floor Area provisions of Section 22.46.2040.B of this Specific Plan. The Director shall advise the Department of Public Works, Building and Safety Division, in writing, whether the proposed Project would be in compliance with the Total Permitted Floor Area provisions of this Specific Plan.

    6. In addition to filing the Substantial Conformance Review application required according to Section 22.46.2190.C above, pursuant to the following Sections and Subsections of this Specific Plan, additional procedures and/or information may be required as applicable:

    a. Landscape design plan for the following:

    i. Projects utilizing landscaping as visual screening: Section 22.46.2050.E.1, E.2, E.3;

    ii. Projects as may be required by Section 22.46.2050.G.1;

    iii. Projects directly facing Lankershim Boulevard: Section 22.46.2050.G.2;

    iv. Parking facilities: Section 22.46.2130.H.1, H.2 and H.4;

    v. Communication Facilities: Section 22.46.2170.C.3;

    vi. As may otherwise be required by this Specific Plan;

    b. Land Use Equivalency: Section 22.46.2060.B;

    c. Historic Resources: Section 22.46.2070;

    d. Oak Tree removal: Section 22.46.2100.C and D;

    e. Parking: Section 22.46.2130.A.2;

    f. Shared Parking: Section 22.46.2130.J;

    g. Alcohol Use Approval: Section 22.46.2090.A, B and C;

    h. Sign Conformance Review: Section 22.46.2160.D.1;

    i. New Communication Facility: Section 22.46.2170.B;

    j. Grading Project, Off-Site Transport: Section 22.46.2110.C and D;

    k. Temporary Use Review: Section 22.46.2050.C.3; and

    l. Internal Sign Review: Section 22.46.2160.D.2.

    m. Other information that the Director deems necessary to process the application.

    Table 20-1
    Substantial Conformance Review Floor Area Inventory

    Land Use
    Category
    Total Existing Development (Sq. Ft.) Proposed Project Demolition (Sq. Ft.) Proposed Project Gross New Development (Sq. Ft.) Proposed Project Net New Development (Sq. Ft.) Total Development including Proposed Project (Sq. Ft.)
    Studio Use
    Studio Office
    Office
    Hotel
    Entertainment Use
    Entertainment Retail Use
    Amphitheater
    TOTAL

     

    E. Ministerial Review. The Substantial Conformance Review shall be a ministerial review of the applicable provisions of this Specific Plan and the applicable provisions of the Zoning Code not addressed in this Specific Plan and determination whether a Project is in substantial compliance with the applicable provisions of this Specific Plan and applicable provisions of the Zoning Code not addressed in this Specific Plan.

    F. Decision and Re-application. If the Director denies an application for a Substantial Conformance Review, the Director shall set forth the specific reasons for denial in the determination letter. Following a denial, the Applicant may file without prejudice at any time a new application for a Substantial Conformance Review with a revised Project addressing the Director's reasons for denial. Review of the new Substantial Conformance Review application shall be in accordance with Section 22.46.2190.A through F.

    G. Expiration date of unused Substantial Conformance Review Approval.

    1. A Substantial Conformance Review approval issued pursuant to the provisions of Section 22.46.2190.E above that is not used within two (2) years after the granting of the Substantial Conformance Review approval becomes null, void and of no effect at all.

    2. In all cases of an expiration per Section 22.46.2190.G.1 above, the Director may extend such time for a period of not to exceed one (1) year, provided an application in writing with payment of the application fee requesting such extension is filed prior to such expiration date.

    3. A Substantial Conformance Review approval shall be considered used, within the intent of this Subsection, when construction or other development authorized by such permit has commenced that would be prohibited if no Substantial Conformance Review had been granted.

(Ord. 2013-0010 § 20, 2013.)