Claremont City Zoning Code
CHAPTER 16
303 CONDITIONAL USE PERMITS
§ 16.303.000 Intent.
The conditional use permit procedure is intended to provide for uses that are:
A.
Necessary or desirable for the development of the community of region but cannot readily be classified as permitted uses in individual districts by reason of uniqueness of size, scope, or possible effect on public facilities or surrounding uses, or
B.
Appropriate as accessories to the development of neighborhoods or the community, or
C.
Appropriate uses in the districts in which they are listed as permitted subject to a conditional use permit, but requiring specific consideration of the proposed use or development.
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§ 16.303.010 Conditional uses.
A.
Conditional Uses in Specific Districts
Uses specified in this title as requiring the approval of a conditional use permit may be permitted in said districts subject to the provisions of this chapter.
C.
Conditional Uses in Residential Districts
The following uses may be permitted in Residential Districts (RS, RR, H, RM, HC, EQ, and AV Districts), except if otherwise noted, subject to the provisions of this chapter.
1.
Churches and religious facilities;
2.
Cemeteries and mausoleums;
3.
Private, non-collegiate, educational uses including nursery schools, pre-school, and after school care;
4.
Adult day care;
5.
Assisted living, congregate care, group care, rehabilitation, community care, and other similar residential and health care facilities intended for the care of persons in need of medical or nursing care, personal care, developmental and supportive services, supervision, or assistance essential for sustaining the activities of daily living, except in the HC and AV Districts where such uses shall not be permitted. (However, the provisions of this chapter shall not apply to care facilities that serve a limited number of persons and which the State Health and Safety Code and the Welfare and Institutions Code state shall be permitted in all residential zones without a conditional use permit.)
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§ 16.303.020 Application and filing fee.
A.
Filing
Application for a conditional use permit shall be made on forms provided by the Department of Community Development together with any applicable fees. The application shall include such plans as may reasonably be required for a complete understanding of the proposal.
B.
Reapplication
A person may not file and the Department of Community Development shall not accept an application which is the same or substantially the same as an application upon which final action has been taken by the City of Claremont within 12 months prior to the date of said application, unless accepted by a motion of the Planning Commission or City Council.
C.
Filing Fee
The filing fee shall be established by resolution of the City Council.
D.
Multiple Requirements for Conditional Use Permits
For any given development or proposed use where a conditional use permit is required by different sections of this title, only one conditional use permit application need by filed and acted upon.
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§ 16.303.030 Procedure.
A.
Application Screening
Upon receipt of an application for a conditional use permit, staff shall review the application and inform the applicant as to the completeness of the submittal and of additional materials required, if any.
Staff shall investigate the facts for each conditional use permit application to ensure that the requested action set forth on each application is consistent with the intent and purpose of this chapter. In cases where staff determines that the requested use is not within the scope of the conditional use permit, the applicant shall be so informed, whereupon, if the application is filed, it shall be signed by the applicant to the effect that he or she was so informed. Filing of an application does not constitute an indication of approval.
B.
Notice of Public Hearing
When an application is deemed complete for a conditional use permit, the matter shall be set for a public hearing to be held by the Planning Commission. The Director shall give notice of a hearing pursuant to Government Code Section 65091. Notices shall include the date, time and place of the public hearing to be held by the Planning Commission, and a general explanation of the matter to be considered and a general description of the location of the subject property as specified in Government Code Section 65094. Notices shall be sent not less than ten days prior to any action taken on the application.
Signs, at least eight inches by ten inches, shall be posted on the subject property setting forth substantially the same information included in the mailed notice. There shall be a minimum of two such signs on the subject property. Said signs shall be posted at least ten days prior to the public hearing.
C.
Review and Decision
The Planning Commission shall act expeditiously on all applications. The Planning Commission shall investigate the facts bearing on each case to determine if the requested action is consistent with the intent and purpose of this chapter and shall accordingly approve the application with conditions, or deny the application. The Commission shall make findings based on substantial evidence in view of the whole record to justify its decision. The Planning Commission shall announce its findings by formal resolution. Said resolution shall recite the findings of the Commission and set forth the conditions of approval. The Planning Commission's decisions shall be filed with the Council and a copy shall be mailed to the applicant.
(08-05)
§ 16.303.040 Findings and conditions.
A.
Required Findings
The Planning Commission, in granting a conditional use permit, shall find as follows:
1.
That the site for the intended use is adequate in size and shape to accommodate said use and all of the yards, setbacks, walls or fences, landscaping and other features required by this Code or by conditions imposed under this chapter; and
2.
That the site for the proposed use relates to streets and highways properly designed to carry the type and quantity of traffic generated by the subject use; and
3.
That the proposed use will not impair the integrity and character of the zone in which it is located or otherwise have an adverse effect on adjacent property or the permitted use thereof; and
4.
That the proposed use is not contrary to the General Plan; and
5.
That the proposed use will not endanger or otherwise constitute a menace to the public health, safety or general welfare.
B.
Conditions of Approval
The Planning Commission, in approving a conditional use permit, shall impose such conditions as are deemed necessary to insure that the requested use will be in accord with the findings required by this section. Conditions imposed by the Commission may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:
1.
Special setbacks, open space, and buffer areas.
2.
Fences and/or walls.
3.
Lighting.
4.
Parking facilities, including vehicular ingress and egress, the surfacing of parking areas and driveways, and pedestrian circulation.
5.
On-site or off-site street, sidewalk, or utility improvements.
6.
Dedication of right-of-way or easements or access rights.
7.
Regulation of nuisance factors such as noise, vibration, odors, dust, dirt, gases, etc.
8.
Landscaping and maintenance thereof.
9.
Maintenance of the grounds and/or signs.
10.
Modification or limitation to activities, including times and types of operation, and use of area on the site.
11.
Such other conditions that may be necessary to address unusual site conditions and/or to insure that the requested use is developed in an orderly and efficient manner and in general accord with the elements of the General Plan and the intent and purposes of this chapter.
When deemed desirable, the Planning Commission may add conditions requiring review and/or updating of maintenance, development plans, and activities. |
C.
Applicable Zone Regulations
All regulations of the district in which such conditional use permit is located shall apply, except, conditions of approval to insure the health, safety and general welfare shall take precedence over the requirements of the district.
D.
Multiple-Use Developments With Special Uses
For multiple-use developments under a conditional use permit where the uses permitted are specified in the conditional use permit resolution, the uses permitted in the zoning district shall not apply unless such uses are among those permitted by the conditional use permit.
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§ 16.303.050 Appeals.
The petitioner or any other person may appeal any decision of the Planning Commission or any condition imposed by the Planning Commission pertaining to a conditional use permit pursuant to Chapter 16.321.
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§ 16.303.060 Expiration of approvals.
A.
Initiation of Use
Before any conditional use permit is approved by the Commission, said commission shall establish a time limit within which the proposed use shall be initiated. The time limit set by the Commission shall be a reasonable time based on the size and nature of the proposed project. Said time may be subject to extension by the Commission for good cause when the applicant presents proof of an unusual hardship not of his or her own making. If no date is specified such conditional use permit shall expire within one year from the date approval is granted. Extensions may be approved with new or modified conditions upon a finding that the circumstances under which the use permit was originally approved have changed.
B.
Specific Time Limit of Operation
The Planning Commission may impose a condition requiring a specified time limit of operation to assure continued compliance with the provisions of this chapter. To allow for continued operation, extensions may be approved subject to the regular procedures, public hearing and fee for a conditional use permit.
C.
Change of Ownership
A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this chapter shall "run with the land" and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.
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§ 16.303.070 Discontinued use.
When a use for which a conditional use permit was granted is discontinued for a period of 12 months or more, such use shall not be re-established unless a new conditional use permit for the use is granted. Notice shall be sent to the applicant and owner of the property, at their last known address, whenever the staff determines that a permit has expired under this section. Said notice shall inform the applicant and owner of the property, of their right to appeal said determination in accordance with Chapter 16.321.
(08-05)
§ 16.303.080 Modifications and enforcement.
A.
Any change which substantially intensifies occupancy or land coverage on the site or which may result in an adverse effect on the surrounding environment shall require an amendment to the conditional use permit with the same procedures, public hearing and fee as required for the original permit. If a modification is of such minor or incidental nature that the intent of this chapter can be met without further review or conditions, the Director may determine that additional conditional use permit approval is not necessary.
B.
Compliance With Conditions
Any condition established pursuant to this chapter shall be met before the use is established, except that the Planning Commission may establish a schedule for certain conditions to be met after establishment of the use. Continuance of the use shall then be contingent on complying with the schedule for meeting deferred conditions.
C.
Failure to Comply
Operation of a use in non-compliance with any conditions of a conditional use permit or continuing a use after the permit for such expires shall constitute a violation of the Zoning Ordinance and shall be punishable as provided for in Chapter 16.406 of this title.
D.
Revocation
1.
A conditional use permit may be revoked if the Planning Commission finds that one or more of the following conditions exist:
a.
One or more of the conditions of the conditional use permit have not been substantially complied with.
b.
The conditional use permit was obtained in a fraudulent manner.
c.
Circumstances have changed to such a degree that one or more of the required findings of this chapter can no longer be made and the use or related development constitutes or is creating a nuisance.
2.
When considering revoking an existing conditional use permit, the Planning Commission shall hold a public hearing and give notice in the same manner as that required for granting a conditional use permit.
E.
Existing Uses Without Conditional Use Permits
All existing uses which are now listed as requiring a conditional use permit, but which at the time of their initiation did not require a conditional use permit and were in compliance with all the applicable codes, shall be deemed nonconforming. Such uses shall be permitted to continue subject to the provisions of Chapter 16.400.
(08-05)