Fontana Municipal Code Div. 13 Minor Use Permits, Amendment, and Modification

The purpose and intent of the minor use permit is to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, through review and the imposition of conditions of approval.

Prior to the filing of an application for a minor use permit, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Projects determined minor in nature may be waived of this process by the [Director] of Community Development.

(Ord. No. 1906, § 45, 10-25-22)

(a) Applications for minor use permits shall be filed with the Planning Division on forms, and accompanied by detailed, information on the use of the building and property, and fees as required by the Planning Division. No application shall be considered by the Director of Community Development until the application is determined to be complete and all required fees have been paid to the City.

(b) At a minimum, the application shall include:

(1) A written statement that the applicant is the owner of the subject property or an agent thereof.

(2) The legal description of the property involved, the proposed use and plans.

Editor's note— Ord. No. 1906, § 46, adopted Oct. 25, 2022, repealed § 30-177, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

The Director of Community Development shall make the following findings as may reasonably apply when considering approval of a minor use permit application:

(1) The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

(2) The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

(3) Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

Notice of hearings for minor use permit shall be as set forth in Division 4, of this article herein.

Upon receipt of a complete application for a minor use permit, a time and place for the hearing before the Director of Community Development shall be set.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

Any minor use permit granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years after the effective date of the approval. No permittee shall obtain any right solely by reason of such minor use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1) For a minor use permit for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the minor use permit has commenced within such time period.

(2) In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

(3) In addition, for a minor use permit for which a building permit is required to comply with any condition of the minor use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

(4) An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22)

(a) A minor use permit may be revoked or modified if the Director of Community Development makes any of the following findings:

(1) That any condition of the minor use permit has not been complied with or is violated;

(2) That the use is detrimental to the public health or safety or is a nuisance;

(3) That the minor use permit was obtained by fraud;

(4) That the use for which the minor use permit was granted has ceased or been suspended for a period of one year.

(b) Notice of hearings for minor use permit shall be as set forth in Division 3, herein; provided that the owner and/or applicant of the subject property shall be notified by certified mail.

(c) The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 4, herein.

The purpose and intent of the minor use permit amendment is to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, through review and the imposition of conditions of approval.

The Director of Community Development or designee is authorized to approve or deny minor use permit amendment applications.

Prior to the filing of an application for a minor use permit amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Projects determined minor in nature may be waived of this process by the [Director] of Community Development.

(Ord. No. 1906, § 47, 10-25-22)

(a) Applications for minor use permit amendments shall be filed with the Planning Division on forms, and accompanied by detailed, information on the use of the building and property, and fees as required by the Planning Division. No application shall be considered by the Director of Community Development until the application is determined to be complete and all required fees have been paid to the City.

(b) At a minimum, the application shall include:

(1) A written statement that the applicant is the owner of the subject property or an agent thereof.

(2) The legal description of the property involved, the proposed use and plans.

Editor's note— Ord. No. 1906, § 48, adopted Oct. 25, 2022, repealed § 30-188, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

The Director of Community Development shall make the following findings as may reasonably apply when considering approval of a minor use permit Amendment application:

(1) The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

(2) The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

(3) Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

Notice of hearings for minor use permit amendment shall be as set forth in Division 4, of this article herein.

Upon receipt of a complete application for a minor use permit amendment, a time and place for the hearing before the Director of Community Development shall be set.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

The purpose and intent of the minor use permit modification is to provide for the review for any approved, vested entitlement for minor use permit and allow for modifications pursuant to the procedures outlined herein.

Prior to the filing of an application for a minor use permit modification, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Projects determined minor in nature may be waived of this process by the [Director] of Community Development.

(Ord. No. 1906, § 49, 10-25-22)

(a) Applications for minor use permits modification shall be filed with the Planning Division on forms, and accompanied by detailed, information on the use of the building and property, and fees as required by the Planning Division. No application shall be considered by the Director of Community Development until the application is determined to be complete and all required fees have been paid to the City.

(b) At a minimum, the application shall include:

(1) A written statement that the applicant is the owner of the subject property or an agent thereof.

(2) The legal description of the property involved, the proposed use and plans.

Editor's note— Ord. No. 1906, § 50, adopted Oct. 25, 2022, repealed § 30-196, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

The Director of Community Development shall make the following findings as may reasonably apply when considering approval of a minor use permit modification application:

(1) The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning and Development Code, Municipal Code, general plan, any applicable specific plan or area plan, and City regulations/standards.

(2) The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards.

(3) Granting the permit would not be detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

Notice of hearings for minor use permit modification shall be as set forth in Division 4, of this article herein.

Upon receipt of a complete application for a minor use permit modification a time and place for the hearing before the Director of Community Development shall be set.

The decision of the Director of Community Development shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.

Any minor use permit modification granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years after the effective date of the approval. No permittee shall obtain any right solely by reason of such minor use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1) For a minor use permit modification for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the minor use permit has commenced within such time period.

(2) In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

(3) In addition, for a minor use permit modification for which a building permit is required to comply with any condition of the minor use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

(4) An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22)