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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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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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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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.
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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.
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When deemed desirable, the Planning Commission may add conditions
requiring review and/or updating of maintenance, development plans,
and activities.
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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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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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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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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.
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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.
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