Chapter 16.78 — MINOR USE PERMITS

Chapter 16.78 - MINOR USE PERMITS[[13]]

Footnotes:

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Editor's note— Ord. No. 339, § 6(Exh. C), adopted Sept. 10, 2019, repealed former ch. 16.78, §§ 16.78.010— 16.78.090 and enacted a new ch. 16.78, §§ 16.78.010—16.78.080, as set out herein. The former chapter pertained to site development permits and derived from Ord. 94 § 2 (part), adopted 1997; Ord. No. 252, § 3(h), (i), adopted Jan. 24, 2012; and Ord. No. 261, § 3(l), adopted Jan. 8, 2013.

16.78.010 - Purpose.

The City recognizes that certain uses due to their location or characteristics 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 minor use permit is provided for this purpose. Applications for minor use permits may be submitted only for those uses specified as such in the applicable zoning district in "Appendix A: Regulation of Uses by Zoning District," unless the Director of Community Development (Director) makes a determination that a proposed use while not listed in Appendix A closely corresponds to a listed use which is permitted by minor use permit.

Uses that require a minor use permit are regarded as having a relatively low potential for adverse impacts on the subject site or surrounding community due to the nature or magnitude of the use. A minor use permit may be granted at the discretion of the Director pursuant to the criteria set forth in this chapter and is not the automatic right of any applicant.

(Ord. No. 339, § 6(Exh. C), 9-10-2019)

Each applicant for a minor use permit shall submit the following to the Community Development Department:

A.

A completed application on a form prescribed by the Director or designee;

B.

The name and address of the applicant with evidence that he or she is the owner of the parcel involved or that he or she has the permission of the owner to make such application;

C.

A legal description of the subject parcel or premises;

D.

Copies of plot plans in the number specified by the Community Development Department;

E.

A written statement explaining the requested use and related improvements; and

F.

Any other information as may be required by the Director or designee.

(Ord. No. 339, § 6(Exh. C), 9-10-2019)

Minor use permits shall be acted upon at a public hearing conducted by the Director or his or her designee.

A.

Review of Application. An application shall be filed pursuant to the provisions of Section 16.58.020 of this Municipal Code. Upon acceptance of a minor use permit application as complete by the Planning Project Manager

(Community Development Department staff member responsible for managing the application), the Director or designee shall schedule the matter for a public hearing pursuant to the provisions of Chapter 16.58 (Administrative Procedures) of this Municipal Code. Notice of the public hearing on all minor use permit applications shall be provided as set forth in Section 16.58.040 (Notice of public hearings). The Director shall or designee shall review the proposed plans under all applicable regulations and guidelines set forth in the Chino Hills Municipal Code.

B.

Determination. The Director or designee shall have the authority to approve, conditionally approve, or deny the application for a minor use permit in accordance with the provisions of this chapter and subject to the requirements of the Chino Hills Municipal Code. As a condition of approval, the Director or designee may impose additional requirements as deemed reasonable and necessary to ensure compliance with this Municipal Code; the general plan; and to protect the public health, safety, and general welfare. The determination shall recite, among other things, the facts and reasons for granting or denying the minor use permit. If the minor use permit is granted, the determination shall recite the conditions and limitations imposed, if any.

C.

Referral. The Director or designee may, at his or her discretion, refer the minor use permit to the Planning Commission for review and approval. In this case, the Planning Commission shall have the authority to approve, conditionally approve or deny the application.

(Ord. No. 339, § 6(Exh. C), 9-10-2019)

16.78.040 - Basis for approval or denial of a minor use permit.

A minor use permit may be approved, with or without conditions, only if the reviewing authority first finds:

A.

That the proposed use is consistent with the general plan and any applicable specific plan;

B.

That the site is of adequate size and shape to accommodate the proposed use and its corresponding improvements;

C.

That the proposed use will not have significant adverse effects on surrounding land uses and other permitted uses of the area in which it is proposed to be located;

D.

That the establishment, maintenance, or operation of the proposed use and its corresponding improvement(s) at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use; and

E.

That the proposed use and improvement(s) comply with all applicable development standards of the zoning district.

(Ord. No. 339, § 6(Exh. C), 9-10-2019)

Any minor use permit that is not used within the time specified in the grant of approval or, if no time is specified, within one (1) year of the effective date of such approval, will expire at the end of that period. The Director or designee may extend such approval for a period of time not to exceed one (1) 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 approval.

(Ord. No. 339, § 6(Exh. C), 9-10-2019)

The decision of the Director, or Planning Commission upon referral, shall become effective immediately after the appeal period has expired. If an appeal is filed, the decision shall be suspended during the pendency of the appeal.

(Ord. No. 339, § 6(Exh. C), 9-10-2019)

Any decision by the Director or designee may be appealed to the Chino Hills Planning Commission in accordance with Section 16.58.060 of the Chino Hills Municipal Code.

(Ord. No. 339, § 6(Exh. C), 9-10-2019)