ZONING AND PERMITS

PART I

Click here to view Zoning map of La Mirada

What Is The Purpose Of Zoning?

We are frequently asked, "Why is the City involved with decisions about what I want to do on my property?” Another question, asked nearly as often is, "How could the City allow that to happen next door to my property, or in my neighborhood?" Together, these two questions explain the need for reasonable City control of private development, and also demonstrate the position in which our staff frequently finds itself in zoning matters. The purpose of "zoning" is to separate different land uses. The development controls found in the Zoning Ordinance try to insure that private development takes place within a given area in a manner in which:

1.      All uses are compatible (e.g., an industrial plant is not permitted in a residential area);

2.      Common development standards are used (e.g., all homes in a given area are set back the same minimum distance from the street); and

3.      Each development does not unreasonably impose a burden upon its neighbors (e.g., parking is required on site so as not to create neighborhood parking problems).

To do this, use districts called "zones" are established and standards are developed for these zones. The three basic zones are residential, commercial, and industrial. Properties within each of these zone districts have common site development and design standards.

How Can Property Be Used?

In order to determine the potential uses for a given site, it must first be determined which "zone" applies to the site. Each zone has permitted, conditionally permitted, and prohibited uses. For example, in the R-1 zone, residential single-family buildings are permitted, day care centers and churches are conditionally permitted, and manufacturing plants are prohibited.

How To Establish A Permitted Use?

To establish a permitted use, simply follow the development standards for the zone and apply for a building permit.  The development standards are available through the City’s Planning Division.

How To Establish A Conditional Use?

When establishing a "conditionally permitted" use, a review is required to determine if the activity can be conducted at the proposed location without imposing a burden on neighbors or the surrounding community.

What Is a Conditional Use Permit (CUP)?

A Conditional Use Permit allows the recipient to engage in specified activities or conduct a business under special conditions designed to protect the neighborhood and the community.

In residential zones, daycare centers, parking lots, and churches are examples of conditional uses. In commercial zones, auto repair uses and any business which requires a liquor license requires a Conditional Use Permit.

How Does One Apply?

Applications are available from the Planning Division at City Hall. Multiple copies of the site plan, floor plan, elevations may be required.

What Are The Chances That An Application Will Be Approved?

Application’s approval depends primarily on whether the proposal meets the conditions for the proposed use. Conditions are created for each kind of conditional use to help determine if it can fit in with its surroundings and if special operating conditions are necessary to ensure that it remains a compatible use.

A copy of the special conditions for a particular conditional use may be obtained by contacting City Hall at (562) 943-0131.

If the proposed conditional use meets the specific standards established for its category, then it will be reviewed for compliance with the general findings required for the approval of all Conditional Use Permits. The general findings are:

1.      The approval is consistent with and carries out the general plan, any applicable specific plans, and all zoning regulations of the applicable district;

2.      The proposed use will not be detrimental to the surrounding community including public health, safety or general welfare, environmental quality or quality of life; and

3.      The approval is in compliance with the special conditions for specific conditional uses.

How Is The Application Processed?

After an application, plans and fees are received, a report is prepared for the Planning Commission. A notice of the request is posted on the property and all property owners within 300 feet (500' for major projects) are notified by mail. A public hearing is conducted and the application is approved or denied based on the information in the staff report and public testimony supporting or opposing the proposal. At the public hearing the applicant should be prepared to explain the request and answer any questions.

What If An Application Is Denied?

If a Conditional Use Permit Application is denied, the applicant is entitled to an appeal to the City Council. Any appeals must be filed within ten days of the decision.

It is important to know that if an application is approved, it does not become final for ten days. During this time neighbors may file an appeal to reverse a decision approving a Conditional Use Permit application.

How Much Does It Cost?

A current fee schedule is available from the Planning Division at City Hall. The fees cover the cost of processing the application and are not refundable.

An application fee is charged to an applicant who appeals the denial of a Conditional Use Permit application. However, there is no fee to an interested party who appeals a decision to approve an application.

Further information can be obtained by contacting the City at (562) 943-0131 between 7:30 a.m. and 4:30 p.m. Monday through Friday.

What If A Use Is Prohibited?

If the use planned is prohibited in the zone which applies to the site, it is possible to apply for a zone change. The likelihood of successfully changing the zoning designation for a site varies greatly. The primary consideration is the compatibility of the proposed change with surrounding uses. Zoning changes require a public hearing and the approval of the La Mirada Planning Commission and City Council.

When Is A Subdivision Required?

If a project involves dividing a parcel into smaller lots for later resale to multiple owners, a subdivision is being created. The State of California and the City have regulations which control the creation of new subdivisions.

The purpose of subdivision processing is to ensure that all property that is subdivided for resale has adequate public and private facilities to serve each of the new owners.

What Are Development Standards?

Each zone has specific development standards relating to the height, size, and placement of buildings on a site. Requirements for on-site improvements such as parking, landscaping, and fencing are also specified.

In residential zones, the number of dwelling units permitted is regulated based on the size of the site and the density allowed in the zone.

What Is A Variance?

If some aspect of a proposed project does not conform with the development standards for the zone, it is possible to apply for a Variance. The purpose of issuing variances is not to allow exceptions to the development standards but rather to help achieve equal treatment for owners who would be disadvantaged by strict application of these standards.

Is Environmental Review Needed?

Chances are a project doesn't need environmental review. Only those projects which require the Planning Commission or the City Council to take a "discretionary" action must also have an environmental review. This means if a public official or body is required to make a decision about the appropriateness or advisability of a project, the law requires all important impacts to be investigated and considered. For permits which do not require any decision-making procedures, environmental review can be of no benefit and is not required.

The City conducts three levels of environmental review: Categorical Exemptions (CE), Negative Declarations (ND), and Environmental Impact Reports (EIR). The vast majority of projects which requires environmental review are processed as Categorical Exemptions or Negative Declarations. CE's and ND's are relatively simple environmental review procedures and rarely result in any project delays.

In circumstances where major development is proposed or development is planned, an Environmental Impact Report may be required. ElR's are prepared by the City and require detailed project analysis, public hearings, and certification by the Planning Commission.

Hearings

There are three levels of hearings associated with Planning Department processing. Most projects require one hearing, with a maximum of two if a project approval or denial is appealed.

The Planning Commission is composed of five private citizens appointed by the City Council to assist in evaluating planning issues. The Planning Commission is authorized to approve Variances, Minor Lot Line Adjustments, Legalization of Illegal Units, Lot Mergers, Conditional Use Permits, and Site Plan Reviews and to review appeals of any action taken by the Planning Division.  The Planning Commission must also review Subdivisions, Rezoning, and General Plan Amendments and recommend approval or denial to the City Council.

The City Council is the decision-making body for rezoning, General Plan Amendments and Subdivision actions. The Council also hears appeals of any action for which the first hearing was held by the Planning Commission.

What Fees Can Be Expected for Hearings?

A current fee schedule is available at the Planning Division.

Construction Permits are documents obtained through the City’s Building and Safety Division that  authorizes the start of construction or remodeling of a building in the City of La Mirada.

There are six common types of permits:

·         Building Permit: required to construct or modify a building or structure.

·         Electrical Permit: required to install or modify an electrical system.

·         Plumbing Permit: required to install or modify a plumbing system.

·         Mechanical Permit: required to install or modify heating, ventilation, refrigeration, air conditioning and other related systems.

·         Combination Building Permit: when working on a single family home or duplex a Combination Building Permit may cover all of the building, electrical, plumbing, and mechanical work necessary for the job (It's cheaper too!).

When Is A Permit Needed?

Most major projects will require a permit of some kind. This is necessary to ensure that all buildings meet minimum standards which will protect its occupants and neighbors not only in everyday living, but also in case of emergencies and natural disasters.

How Does One Apply?

Permits are issued by the City’s Building and Safety Division at City Hall.

On some simple jobs a permit can be obtained during the first visit. However, in most circumstances more time will be needed to review the plans in detail prior to issuing any construction permits.

A minimum of two complete sets of plans are required to obtain permits. The exception to this rule is that plans may not be required for single story residential room additions of less than 400 square feet.

If plans are required they must include the following items:

1.      A front and side elevation of the new building or addition.

2.      Construction details and material specifications.

3.      The location of emergency rescue windows from bedrooms and sleeping areas.

4.      Energy/insulation requirements.

For new construction or additions which will increase the "footprint" of the building, a plot plan must also be submitted on a form provided by the Building and Safety Division. This must show the location of all buildings, and the distance from each building to the property lines.

Who Can Obtain A Construction Permit?

A building permit will be issued to:

1.      A property owner, for work on single family or duplex buildings, provided that the owner lives in one of the units.

2.      A licensed contractor.

When a permit is taken out, the signature and identity of the applicant must be verified. A California Driver's License, State of California Identification Card, or other positive identification will meet this requirement.

Contractors working in the City of La Mirada are required to have a La Mirada business license. If a contractor has employees, a Certificate of Workers' Compensation Insurance must be on file with the City’s Building and Safety Division. Contractors working alone may waive this requirement, but must show a pocket copy of their State Contractors License.

Plan Check

On behalf of the City, Los Angeles County engineers will review the plans submitted with a building permit application. This may result in design changes to comply with City regulations. The amount of time required for plan check depends on the size and complexity of the project.

On-Site Inspections

An inspector will make one or more inspections of the project. These inspections ensure that the project will be safe and sound upon completion. After the job has received a final inspection, the building permit will be kept on file in the Building and Safety Division as proof of the work that was completed.

How Much Does It Cost?

The cost of a building permit is based upon the valuation of the proposed project as determined by the type of construction, size of project and the specific use of the buildings or structures.

Building permit fees are generally about one percent of the valuation. Electrical, plumbing and mechanical permit fees, when required, each average from 10% to 20% of the building permit fees.

How Long Is It Valid?

Permits will remain active provided the construction is started within 180 days of permit issuance and at least one inspection is performed within each 180 days until the completion of the project.

Further information can be obtained by contacting the City’s Building and Safety Division at (562) 943-0131.

Copies of the Municipal Code are available from the Office of the City Clerk at City Hall.