Claremont City Zoning Code
CHAPTER 16
306 SPECIAL USE AND DEVELOPMENT PERMITS
§ 16.306.000 Intent.
It is the intent of this chapter to provide for minor or temporary special uses and developments which may, unless special consideration is given and conditions applied, result in an adverse effect on the environment. Such special consideration and the application of conditions as provided herein is hereby deemed necessary for the protection of property values and the public welfare.
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§ 16.306.010 Uses and developments permitted with special use and development permits.
The following uses and developments shall not be initiated or constructed unless a special use and development permit for said use or development has been issued by the Director:
A.
The commercial use of existing residential structures, or lots containing residential structures, in commercial districts, per Chapter 16.103.
B.
Temporary uses of and/or erection of temporary structures, such as fences, booths, tents, or parking of trailers, for such activities as carnivals, circuses, fairs, and religious meetings.
C.
The sale of fruit, trees, and crops grown as an accessory use on the premises of a dwelling in the RR District.
D.
An accessory building or structure, including athletic apparatus or children's play equipment, located within required interior side or rear setbacks in a single-family residential district pursuant to Chapter 16.130, excepting minor structures and equipment which are no more than eight feet in height and screened from view may be permitted in interior setbacks without a special use and development permit pursuant to Chapter 16.130.
E.
An accessory building or structure exceeding 15 feet in height, but not more than 18 feet in height, on any lot with single-family residential development pursuant to Chapter 16.133.
F.
An athletic apparatus, sport accessory structure or children's play equipment exceeding 13 feet in height, but not more than 15 feet in height on single-family residential lots, pursuant to Chapter 16.133.
G.
Fences greater than six feet in height, but less than eight feet in height, constructed on any part of the lot behind the front or street side setback line, pursuant to Chapter 16.133.
H.
Recreation and athletic courts with lights subject to the standards for such courts in Chapter 16.133.
I.
Antennas, other than vertical or whip antennas, and support structures up to 45 feet in overall height from the ground level, subject to the standards and findings in Chapter 16.100 in addition to the findings of this chapter.
J.
Garage or other opening providing access into a garage in a single-family district, that has a height of more than eight feet.
L.
The installation and use of mobile recycling units for the collection of recyclable materials. The facilities are subject to the review and approval of the Architectural Commission. Architectural Commission applications will be reviewed per the criteria contained in Section 16.300.040 and the following standards. A SUDP for a mobile recycling unit shall not be effective until the Architectural Commission has approved the plans for the facility and the applicant has submitted plans complying with the Commission's conditions of approval and the following standards:
1.
The facility shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the City of Claremont.
2.
The design, colors, and materials shall be architecturally compatible with the host use and surrounding development.
3.
The facility shall be screened by landscaping or other type of material from the public rights-of-way.
4.
The facility shall accept only glass, metals, plastic container, and papers.
5.
The facility shall use containers that are constructed and maintained with durable, waterproof and rustproof materials.
6.
The facility shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers.
7.
The facility shall be maintained free of litter and any other undesirable material. Mobile facility sites, at which trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day.
8.
The facility shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, or 65 dBA in a Commercial District, or 70 dBA in an Industrial District.
9.
Facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.
10.
Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and shall display a notice stating that no material shall be left outside the recycling enclosure or container.
12.
Except as otherwise provided in this section, the facility may not reduce available parking spaces below the minimum number required for the primary host use. If all the following conditions exist a reduction of up to three spaces may be granted.
13.
The facility shall be located so as not to eliminate any of the existing required landscaping.
M.
The installation and use of reverse vending machines for the collection of recyclable materials. The facilities are subject to the review of the Architectural Commission. Architectural Commission applications will be reviewed per the criteria contained in Section 16.300.060 and the following standards. A SUDP for a reverse vending machine shall not be effective until the Architectural Commission has approved the plans for the facility and the applicant has submitted plans complying with the Commission's conditions of approval and the following standards:
1.
The facility shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the City of Claremont.
2.
The facility shall not obstruct pedestrian or vehicular circulation.
3.
The facility shall not occupy parking spaces required by the primary use.
4.
The facility shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.
5.
The facility shall be constructed and maintained with durable waterproof and rustproof material.
6.
The colors and materials of the facility shall be compatible with those of the host use.
7.
The facility shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
8.
The total sign area shall be a maximum of four square feet per facility exclusive of operating instructions. (Facilities shall be defined as the total number of machines required in order for the collection of the different types of recyclable beverage containers.)
9.
The sign illumination shall be restricted to the sign copy. No other surfaces of the facility shall be illuminated.
10.
The facility shall be maintained in a clean, litter-free condition on a daily basis.
11.
Operating hours shall be at least the operating hours of the host use.
12.
Except as otherwise provided in this section, the facility may not reduce available parking spaces below the minimum number required for the primary host use. If all of the following conditions exist a reduction of up to three spaces may be granted.
a.
The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.
b.
The applicant submits a parking study finding that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.
c.
Alternate locations for the facility have been examined and the proposed location has been found to be the best.
d.
The permit will be reconsidered at the end of one year.
13.
The facility shall be located so as not to eliminate any of the existing required landscaping.
O.
Temporary outdoor Christmas tree sales, and other seasonable product sales, such as pumpkins. Such uses may be approved on vacant property or in parking lots.
P.
Temporary outdoor displays, sales, and storage of merchandise, temporary services, and similar activities conducted for a temporary period outdoors or within temporary structures, except as otherwise permitted as incidental outdoor uses in Chapter 16.090. Uses permitted by this subsection shall not be located within the public right-of-way.
Q.
The use of temporary structures, trailers and facilities related to established uses otherwise permitted by this title. Permits for such uses shall be valid for no more than three years.
R.
Large family day care homes in a single-family residential dwelling unit subject to the standards, restrictions, and requirements as specified below. Large family day care home shall mean that as set forth in the Health and Safety Code Section 1597. All applications for a large family day care home shall be processed and reviewed in accordance with the provisions in the Health and Safety Code for large family day homes. In approving a special use and development permit for a large family day care home, staff shall impose such conditions as are deemed necessary to insure the proposed large family day care home will be in accord with the provisions of this section and the Health and Safety Code.
1.
No large family day care home shall be located within 1,000 feet of an existing or proposed large family day care home.
2.
All large family day care homes shall have adequate on-street parking located along the home's street frontage, or shall provide off-street parking for the drop-off and pick-up of children.
3.
No off-street parking provided for the drop-off and pick-up of children at a large family day care home shall require that motor vehicles back-up directly into a travel lane of a designated major arterial street.
4.
All large family day care homes shall comply with the City's noise standards for residential land uses in Chapter 16.154, Environmental Protective Standards.
5.
All large family day care homes shall comply with all regulations adopted by the State Fire Marshal for large family day care homes in Title 24 of the California Administrative Code.
6.
Except as noted above, all large family day care homes shall comply with the development standards of the districts in which they are located and with other standards and regulations in this title which are applicable to single-family residential development.
S.
Other special or temporary uses listed as permitted uses subject to a special use and development permit pursuant to District Development Standards of this title.
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§ 16.306.020 Application and filing fee.
A.
Filing
Application for a special use and development 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 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 of Special Use and Development Permits
For any given development or proposed use where a special use and development permit is required by different sections of this title, only one special use and development permit application need be filed and acted upon. If a development or proposed use requires a special use and development permit in addition to a conditional use permit, only the conditional use permit shall be required.
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§ 16.306.030 Procedure.
A.
Application Screening
Upon receipt of an application for a special use and development permit, staff shall review the application and inform the applicant as to the completeness of the submittal and of additional materials required if any.
B.
Notice
When an application for a special use and development permit is deemed complete, the Director shall notify the Planning Commission and owners of property within 300 feet of the proposed use and/or development by letter. The City Council shall also be notified upon application for a trailer to be used for longer than 60 days.
C.
Action by Staff
Staff shall act expeditiously on all applications. Staff shall investigate the facts bearing on each case to determine if the requested action is consistent with the intent and purpose of this chapter. Not sooner than ten days after owners of surrounding properties are notified, staff shall either grant, grant with conditions, or deny the special use and development permit, based on the required findings of this chapter.
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§ 16.306.040 Findings and conditions.
A.
Required Findings
Before approving a special use and development permit, staff shall make the following findings:
1.
That the proposed site is adequate in size and shape to accommodate the proposed use or development.
2.
That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the proposed use or development will or could reasonably generate.
3.
That the proposed use and development is compatible with other land uses on property adjacent to, or in the vicinity of, the proposed site, and will not negatively affect, or be injurious or detrimental to such uses or properties.
4.
That the proposed use and development will not impinge on the privacy of others or have a negative visual effect from the street.
5.
That the proposed use or development will not endanger or otherwise constitute a menace to the public health, safety or general welfare.
B.
Conditions of Approval
Staff, in approving a special use and development permit shall impose such conditions as are deemed necessary to insure that the requested use or development will be accord with the findings required by this section.
C.
Notice of Decision
Notice of staff's decision shall be sent to the Planning Commission and owners of property within 300 feet of the proposed use and/or development.
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§ 16.306.050 Appeals.
The petitioner or any other person may appeal any decision of staff or any condition imposed by staff pertaining to a special use and development permit pursuant to Chapter 16.321.
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§ 16.306.060 Expiration of approvals.
A.
Initiation of Use
Before any special use and development permit is approved by staff, staff shall establish a time limit within which the proposed use shall be initiated or the development constructed. The time limit shall be a reasonable time based on the size and nature of the proposed project. If no date is specified such special use and development permit shall expire within three months from the date of issuance and become null and void.
B.
Time Limit
At time of approval of a use or development requiring a special use and development permit, staff shall establish a time limit for the operation or duration of the use or development.
C.
Temporary, or Seasonal, Uses or Developments
1.
All temporary structures or facilities permitted in connection with a special use and development permit shall be removed within the time period prescribed in the permit and the property on which whey were located shall be restored to the same condition it was prior to said use or development.
2.
A temporary, or seasonal, use or development shall require a separate permit whenever the use is discontinued or the development is removed for a period of more than 60 consecutive days. A use or development shall be considered temporary or seasonal if it is proposed to be conducted for a period of not more than 365 consecutive days.
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§ 16.306.070 Modifications and enforcement.
A.
Modifications
Any change which substantially changes the use or development or which may result in an adverse effect on the surrounding environment shall require an amendment to the special use and development permit with the same procedures, notice 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, staff may determine that notice and review procedure are not necessary.
B.
Compliance With Conditions
Any condition established pursuant to this chapter shall be met before the use or development is initiated.
C.
Failure to Comply
Operation of a use or construction of a development in non-compliance with any conditions of the special use and development permit or after such permit 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
A special use and development permit may be revoked if staff determines that one or more of the following conditions exist:
1.
One or more of the conditions of the special use and development permit has not been substantially complied with.
2.
The use for which the special use and development permit was issued has ceased or was suspended for at least 12 consecutive months, or 60 consecutive days if temporary or seasonal.
3.
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.
Before revoking a special use and development permit, staff shall give notice of its determinations to the applicant and owner of the property where such use or development is located. Such notice shall inform the applicant, and owner of the property, of their right to appeal said determination in accordance with Chapter 16.321.
E.
Existing Uses and Developments Without Special Use and Development Permits
All existing uses and development which are now listed as requiring a special use and development permit, but which at the time of their initiation did not require a special use and development permit and were in compliance all applicable codes, shall be deemed nonconforming. Such uses shall be permitted to continue subject to the provisions of Chapter 16.400.
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