In granting any conditional development permit the city planning commission may impose such conditions as are deemed necessary and desirable to protect the public health, safety and welfare in accordance with the purposes and intent of this title and may require guarantees and evidence that such conditions are being or will be complied with. Notwithstanding any conflicting provision(s) in any other section of the Rialto Municipal Code, no building permit, certificate of occupancy, or business license shall be issued or granted for the establishment of a new business listed in Section 18.66.030 of this chapter, or the relocation of an existing business listed in Section 18.66.030 of this chapter, without approval of a conditional development permit.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

Before any conditional development permit may be granted, the following findings must be made:

A.

The proposed use and development are deemed essential or desirable to provide a service or facility which will contribute to the convenience or general well-being of the neighborhood or community;

B.

The proposed use and development will not be detrimental or injurious to the health, safety or general welfare of persons residing or working in the vicinity;

C.

The site for the proposed development is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing land uses;

D.

The development site has adequate access to those utilities and other services required for the proposed use;

E.

The proposed use will be arranged, designed, constructed and maintained so as it will not be injurious to property or improvements in the vicinity or otherwise be in harmonious with, the general plan of this city and its objectives, zoning ordinances or any applicable specific plan and its objectives;

F.

Any potential adverse effects upon the surrounding properties will be minimized to every extent practical and any remaining adverse effects shall be outweighed by the benefits conferred upon the community or neighborhood as a whole.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

The following uses may be permitted upon the issuance of a conditional development permit in zones from which they are otherwise prohibited by this title where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the general plan and its objectives:

A.

Airports or aircraft landing fields;

B.

Ambulance stations;

C.

Cemeteries, columbariums, crematories and mausoleums;

D.

Churches or other places used exclusively for religious worship;

E.

Educational institutions, including private schools;

F.

Establishments or enterprises involving large assemblages of people or automobiles including amusement parks, expositions, fair grounds, open-air theaters, race tracks, and recreational and sport centers;

G.

Hospitals;

H.

Institutions of a philanthropic nature and charitable and/or nonprofit institutions or organizations;

I.

Natural resources development, together with the necessary buildings, apparatus or appurtenances incident thereto;

J.

Public utility or public services buildings, structures and uses;

K.

Radio and television transmitters;

L.

Recreational or community centers;

M.

Golf courses and private clubs;

N.

Sanitary land fill operations;

O.

Automobile parking lots when contiguous to commercial and industrial uses;

P.

Smoke Shops/Discount Tobacco Product Stores. Establishments that are either exclusively in the business of or devote more than fifteen percent of their floor area to, the sale of cigarettes, cigars, pipes, bongs, tobacco, electronic cigarettes, and related paraphernalia. Each establishment shall be separated from any similar establishment by a minimum of three-quarters of a mile;

Q.

Single Price Overstock/Discount Store. Establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock and general merchandise primarily at a single discount price and/or in the low and very low price ranges including, but not limited to, food stuffs alcoholic beverages, apparel and accessories, costume jewelry, notions and small wares, house wares, fountain refreshments, and toys;

R.

Second Hand Store/Thrift Store. Establishments that sell used merchandise such as clothing and shoes, household furniture, home furnishings and appliances, books and magazines, office furniture, used musical instruments, used phonographs and records, used fixtures and equipment including re-sale shops, consignment shops, and similar businesses. This category shall not include the following:

1.

Stores owned or operated by existing entities recognized as nonprofit by the Secretary of State of the state of California, and in "good status" with the same,

2.

Antique Stores. An antique, for the purposes of this chapter, shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, and at least fifty years old. This includes any premise used for the sale or trade of articles of which ninety percent or more are over fifty years old or have collectible value,

3.

Existing, legally established indoor concession malls and outdoor swap meets, unless otherwise prohibited;

S.

Check Cashing Facilities/Payday Loan Facilities. Establishments that engage, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose, such facilities do not include a state or federally chartered bank, savings and loan association, credit union, or industrial loan company:

1.

This category shall include any business licensed by the California Commissioner of Corporations to make deferred deposit transactions pursuant to California Financial Code Section 23000 et seq., sometimes referred to as "payday advance," "cash advance," or "payday loan" services,

2.

This category shall not include any ancillary check-cashing facility that is located entirely within a major retailer over fifteen thousand square feet in size;

T.

Rent to Own. Establishments that lease furniture, appliances, computers, electronics on a "pay as you go" basis for on a short or long-term basis;

U.

Massage/Acupressure Services. "Massage" means and includes the manipulation of the human body tissues for remedial or hygienic purposes by rubbing, touching, stroking, tapping, kneading, acupressure or vibrating with the hands or by an instrument. "Massage parlor" means any massage establishment or place of business wherein massage as to all, or any one or more of the above-named subjects and methods is administered or used. "Massage technician" means any person who practices or administers as to all or any of the following named subjects, and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study by a recognized and approved school of massage; the art of body massage or accupressure, either by hands or with a mechanical or vibrating apparatus for the purpose of body massaging, reducing or contouring, the use of oil rubs, heat lamps, hot and cold packs, tub, shower or cabinet baths. Variations of the above following procedures are employed: touch, stroking, friction, kneading, vibration, percussion, accupressure and medical gymnastics. Massage technicians shall not diagnose or treat classified diseases, nor practice spinal or other joint manipulations, nor prescribe medicine or drugs;

V.

Pawn Shops. Establishments or businesses that loan money or other items of value to any person, firm or corporation, upon any personal property, personal security or the purchasing of personal property and reselling or agreeing to resell such articles at prices previously agreed upon;

W.

Indoor Swap Meet/Discount Mall Stores. A group of vendors within an enclosed building that either exclusively or as a substantial portion of their floor area, sell general merchandise in the low and very low price ranges including, but not limited to, food stuffs, apparel and accessories, costume jewelry, notions and small wares, house wares, fountain refreshments, and toys;

X.

Mini-Storage Facility. A building, structure or lot designed for the temporary storage of furniture, equipment, machinery, or other items on a rental basis for multiple persons;

Y.

Water Stores (a.k.a. Aqua Sales). The business of selling purified drinking water where people bring their own containers to a retail location, fill them and pay by the gallon or liter;

Z.

Car Washes. Includes mechanical, self serve or hand-wash service for any type of cleaning the interior or exterior of any type of motor vehicle;

AA.

Cash for Gold Facilities. Establishments that accept gold, silver, and other precious metals primarily from jewelry, in exchange for monies, and subject to the following:

1.

A minimum separation distance of two linear miles shall be maintained between similar establishments;

2.

The business owner must provide proof of possession of a valid secondhand dealer's license issued by the California State Department of Justice;

3.

The business establishment shall be subject to random inspections by the Rialto police department;

4.

Security standards as directed by the Rialto police department including:

a.

Thumbprint identification of all customers;

b.

Possession of a valid California ID for all customers;

c.

A thirty-day hold on all items received;

d.

Registration of each transaction; and

e.

A minimum customer age of eighteen years;

BB.

Outdoor Storage Uses. Establishments that engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment and subject to the following:

1.

This use shall be conditionally permitted only in the M-1, M-2 M-IND, H-ND, I-GM zones;

2.

This use shall comply with Chapter 18.104 of the Rialto Municipal Code;

Any violation of the above criteria may result in revocation of the conditional development permit.

CC.

Storage Warehouses/Distribution Centers. Enclosed facilities that typically include, but are not limited to, storage, warehousing, order fulfillment and freight handling, shipping, and trucking services to and from the premises of commercial goods, commodities, materials, supplies, and similar items for the primary purpose of supply chain distribution;

1.

Storage warehouses/distribution centers shall be conditionally permitted only in the M-1, M-2, M-IND, H-IND, U-S, I-P, FI, EMP, BC, I-PID, and I-GM zones;

2.

If any other section of this code or provision of a general or specific plan is inconsistent or conflicts with this subsection, the provisions of this subsection shall apply.

(Ord. 1409 § 1 (part), 2007: Ord. 1234 (part), 1995: Ord. 1190 § 2, 1993; Ord. 1182 (part), 1992)

(Ord. No. 1524, § 2, 3-26-13; Ord. No. 1537, § 1, 12-10-13; Ord. No. 1573, § 2, 9-27-16; Ord. No. 1633, § 3, 1-28-20)

A.

When any use is permitted in a zone in which it is proposed to be located, and that use includes or involves any one or more of the following ancillary or additional uses, then a conditional development permit is required prior to the establishment of any such ancillary or additional use:

1.

Any use that includes or involves vehicular drive-in or drive-through service;

2.

Any use that requires the complete or partial conversion of automotive service stations to other uses;

3.

Any use that includes or otherwise involves the outdoor storage of vehicles, heavy machinery and/or hazardous or potentially hazardous substances;

4.

Any use that includes or otherwise involves a convenience market, in which case the applicant must comply with Chapter 18.106 of this title;

5.

Any use that includes or otherwise involves any recycling facilities, in which case the applicant must comply with Chapter 18.108 of this title;

6.

Any use that includes or otherwise involves the off-sale of any alcoholic beverage, in which case the applicant must comply with Chapter 18.110 of this title.

B.

When any other use is permitted in any zone only upon the issuance of a conditional development permit, pursuant to the regulations applicable in that zone, then this chapter shall govern the issuance, denial, revocation, modification or suspension of such conditional use permit.

(Ord. 1409 § 1 (part), 2007: Ord. 1273 § 4 (part), 1998; Ord. 1190 § 3, 1993: Ord. 1182 (part), 1992)

A.

Applications for conditional development permits shall be submitted to the planning division on forms provided by the planning division for this purpose and shall set forth in detail such information as may be required by the planning commission and as may relate to the conditions specified in Section 18.66.020. An application filing fee, in the amount prescribed by resolution of the city council shall be paid to the city upon the filing of each application for the purpose of defraying expenses incidental to the proceedings.

B.

The planning commission may make an investigation of the facts bearing on the application for conditional development permit as necessary to provide information to assure that the action on the application is consistent with the intent and purpose of this title.

(Ord. 1409 § 1 (part), 2007: Ord. 1234 (part), 1995: Ord. 1182 (part), 1992)

Any modification of a conditional use or development shall necessitate the filing of a new application and any permits issued in accordance with the provisions of this chapter shall, upon reissue be subject to any amendments hereafter made to this chapter.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

Any conditional development permit issued may be revoked, suspended or modified, in the discretion of the commission, if:

A.

It is not used within six months from the date of approval; or

B.

The uses for which such approval was granted have ceased to exist, been subsequently modified or have been suspended for six months or more; or

C.

Any of the express conditions or terms of such permit are violated; or

D.

The use for which such approval was granted becomes or is found to be objectionable or incompatible with the character of the city and its environs due to dust, noise, odors or other undesirable characteristics, including but not strictly limited to uses which are or have become offensive to neighboring property or the goals and objectives in the city's general plan.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

Upon the receipt of an application for a conditional development permit or upon any proposed revocation modification or suspension of any conditional development permit previously issued the planning commission shall hold at least one public hearing. Notice of such public hearing shall be given, pursuant to Section 65091 of the California Government Code. The requirement of a public hearing may be waived by the planning commission on any application involving public service uses or buildings when such uses or buildings are found to be necessary for the public health, safety, convenience or welfare. The failure of any person or entity to receive notice given pursuant to these procedures shall not constitute grounds for any court to invalidate the actions of the planning commission for which the notice was given.

(Ord. 1409 § 1 (part), 2007: Ord. 1190 § 4, 1993: Ord. 1182 (part), 1992)

A.

The planning commission shall make its findings and determination within thirty-five days from the date of the hearing and shall forthwith transmit a copy thereof to the applicant or other person to whom the proceeding was directed.

B.

The order of the planning commission in granting, denying or revoking a conditional development permit becomes final and binding five days after the rendering of its decision unless within such five-day period an appeal in writing is filed as provided in Chapter 18.68 of this title.

C.

If an appeal is filed as provided in Chapter 18.68, the action of the city council is final.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

Each person, firm or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of this code or of any term or condition of any conditional development permit is committed continued permitted or maintained by such person, firm or corporation and shall be punishable therefor as provided in this title.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

Should any section, paragraph, sentence, clause, phrase or word of this chapter be declared for any reason to be invalid, it is the intent of the city that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)