Chapter 16.68 — CONDITIONAL USE PERMITS

The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or, through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose.

(Ord. 68 § 9.130.010, 1995)

Applications for conditional use permits may be submitted only for those uses specified as conditional uses in the applicable zoning district in Appendix A: Regulation of Uses by Zoning District. If the proposed project does not comply with applicable development standards, a separate variance application shall be filed. The conditional use permit and variance applications may be processed concurrently. A conditional use permit is not a substitute for a zone change or zone text amendment.

(Ord. 68 § 9.13.020, 1995)

A.

An application shall be filed pursuant to the provisions of Section 16.58.020 of this Development Code. Upon acceptance of a conditional use permit (CUP) application as complete, the Community Development Director or his or her designee shall review the application for conformance with the applicable policies of the Chino Hills General Plan and the provisions of this Development Code. The Director shall prepare a recommendation and forward the recommendation, the CUP application, and other relevant materials to the Planning Commission secretary. The secretary shall schedule the matter for a public hearing before the Planning Commission pursuant to the provisions of Chapter 16.58 (Administrative Procedures) of this Development Code. Notice of the public hearing on all CUP applications, except for those CUP applications involving automobile maintenance, automobile service station, and car wash uses, shall be provided as set forth in Section 16.58.040 (Notice of public hearings). For CUP applications involving automobile maintenance, automobile service station, and car wash uses, notice of the public hearing shall be provided as set forth in Section 16.58.040 and shall also be sent to all persons whose names and addresses appear on the latest available assessment roll of the County of San Bernardino as owners of property within a distance of five hundred (500) feet from the exterior boundaries of the property for which the CUP application is filed.

B.

The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 16.58 of this Development Code.

C.

The Commission shall act to approve, conditionally approve, or deny the application.

D.

The Commission shall adopt a resolution containing its findings and decisions. The resolution shall recite, among other things, the facts and reasons which make the granting or denial of the conditional use permit necessary to carry out the provisions and general purpose of this Development Code. If the conditional use permit is granted, the report shall recite the conditions and limitations imposed, if any.

(Ord. 106 § 5, 1998; Ord. 68 § 9.130.030, 1995)

The decision of the Commission is considered final on the date the Commission adopts a resolution setting forth its decision. The decision shall become effective thirty (30) days after the adoption of the resolution, unless an appeal has been filed.

(Ord. 68 § 9.130.040, 1995)

The Commission, and Council on appeal, in acting to approve a conditional use permit application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land use, and meets the provisions and intent of this Development Code. In making such a determination, the hearing body shall find that the proposed use is in general in accord with the following principles and standards:

A.

That the proposed conditional use is consistent with the General Plan;

B.

That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures;

C.

That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed;

D.

That the proposed conditional use complies with all applicable development standards of the zoning district; and

E.

That the proposed conditional use observes the spirit and intent of this Development Code.

(Ord. 68 § 9.130.050, 1995)

A.

Use of Conditional Use Permit. Any conditional use permit which is not used within the time specified in the grant of approval or, if no time is specified, within one year of the effective date of such approval, expires at the end of that period. The Planning Commission may extend such approval for a period of time not to exceed one year, provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section "used" means the commencement of construction activity or any activity authorized by the grant.

B.

[Expiration; Appeal.] Any applicant disputing the expiration of any Conditional Use Permit under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the Planning Commission for permits approved by the Planning Commission, and to the City Council for permits approved by the City Council.

C.

[Approval.] The approval of any Conditional Use Permit approved concurrently (as part of the same project) with a Tentative Tract Map or Tentative Parcel Map shall be tied to the approval of the Tentative Tract Map or Tentative Parcel Map as set forth in Subsection 16.58.050(G).

(Ord. 68 § 9.130.060, 1995)

(Ord. No. 252, § 3(d), (e), 1-24-2012; Ord. No. 261, § 3(e), (j), 1-8-2013)

A conditional use permit that is valid and in effect and granted pursuant to the provisions of this Development Code shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land.

(Ord. 68 § 9.130.070, 1995)

Prior to the adoption of this Development Code, conditional use permits were issued for retail/commercial centers as opposed to individual uses within the centers. This section requires issuance of a new conditional use permit for any new use for which a conditional use permit is required by the provisions of this Development Code which proposes to operate in a commercial or retail center in the City, whether or not a conditional use permit was issued by San Bernardino County or the City on a center-wide basis. Such new conditional use permit shall be specific as to the site, suite, store, or location, and shall authorize the use permitted thereunder.

(Ord. 68 § 9.130.090, 1995; Ord. No. 344, § 6(Exh. B), 11-26-2019)

Editor's note— Ord. No. 344, § 6(Exh. B), adopted Nov. 26, 2019, repealed former § 16.68.080 and in so doing, renumbered § 16.68.090 as § 16.68.080, as set out herein. Former § 16.68.080 pertained to the reservation of the right to review conditional use permits and changed circumstances and derived from Ord. 68 § 9.130.080, adopted 1995.