Montclair Municipal Code § 11.78.030 Permitted uses

Footnotes:

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Editor's note— Ord. No. 13-933, §§ 4, 6, adopted June 17, 2013, repealed the former Chapter 11.78, §§ 11.78.010—11.78.030 and 11.78.040—11.78.120, and §§ 4—6 of Ord. No. 13-933 enacted a new Chapter 11.78 as set out herein. The former Chapter 11.78 pertained to similar subject matter and derived from prior code §§ 9-4.1910—9-4.16; Ord. No. 99-791; Ord. No. 02-828; Ord. No. 05-868, 2005; Ord. No. 06-871 and Ord. 06-873.

This chapter is intended to provide the flexibility and procedures necessary for certain uses and activities that are not allowed as a matter of right within a zoning district by reason of uniqueness, size, scope, or possible negative effect on public facilities or surrounding uses but may be permitted after special consideration and public review of each request in order to ensure conformity and compatibility with the goals and objectives of the adopted General Plan and zoning code, subject to a conditional use permit (CUP) or administrative conditional use permit (ACUP). In granting such permits, the Planning Commission (CUP) or Director of Community Development (ACUP) may stipulate conditions, in addition to those required by the provisions of this title, which would tend to safeguard the health, safety, and property value in the area.

(Ord. No. 13-933, § 4, 6-17-13)

A conditional use permit may be granted by the Planning Commission or an administrative conditional use permit may be granted by the Director of Community Development, for those uses stated in Sections 11.78.030 through 11.78.050 of this chapter and other uses identified in this title requiring approval of a conditional use permit or administrative conditional use permit.

(Ord. No. 13-933, § 4, 6-17-13)

In addition to those uses specifically identified in Chapters 11.22 through 11.30 of this Title as requiring a conditional use permit, the Planning Commission may grant a conditional use permit for any use listed in this Section as a permitted use subject to a conditional use permit:

A. Residential Uses.

1. Assisted living facilities (AP, C-2, C-3);

2. Convalescent care (AP, C-2, C-3);

3. Conversions of apartments to condominiums (R-3);

4. Student housing, dormitories, group quarters (AP, C-2, C-3).

B. Commercial Uses (Animal Services).

1. Animal hospitals, boarding facilities, and kennels (MIP, M-1, M-2);

2. Animal shelters (M-1, M-2);

3. Feed and tackle supplies with outdoor storage (C-3, M-1, M-2);

4. Pet sales and supplies - retail (MIP).

C. Commercial Uses (Alcoholic Beverage Sales). The uses identified in this subsection shall also be subject to the applicable requirements of Chapter 11.42 of this title.

1. Off-sale alcoholic beverages within an overall floor area of less than 15,000 square feet, except those retail businesses specifically identified in Section 11.78.035(B)(1) of this chapter as requiring an administrative conditional use permit (C-2, C-3);

2. Off-sale alcoholic beverages within an overall floor area of 15,000 square feet or greater (C-2);

3. On-sale alcoholic beverages in conjunction with a bona fide eating establishment (C-2, C-3, MIP);

4. Microbrewery with on-site tasting (C-3);

5. Microbrewery in conjunction with a bona fide eating establishment (C-2, C-3).

D. Commercial Uses (General Merchandise).

1. Antiques — retail (MIP);

2. Auction houses (MIP, M-1, M-2);

3. Carpet and floor covering stores — retail (MIP, M-1, M-2);

4. Cigar/cigarette/electronic cigarette/smoke shops (C-2, C-3), subject to the following criteria:

a. Such establishments shall be located a minimum of 1,000 feet, measured property line to property line, from any public or private school serving students in grades Pre-K through 12; and

b. Such establishments shall be located a minimum of 1,000 feet, measured property line to property line, from one another;

5. Commercial plant nursery — wholesale (MIP, M-1, M-2);

6. Construction equipment sales with outdoor storage (C-3, MIP, M-1, M-2);

7. Construction equipment sales without outdoor storage (MIP);

8. Convenience stores (C-2, C-3);

9. Firearms, ammunition and related products as a stand-alone use — retail (C-3, MIP, M-1);

10. Furniture, office and home furnishings (MIP);

11. Garden supply, hardware/home improvement center, plant nursery with outdoor display area (C-2, C-3, MIP);

12. Hobby, toy and game shops with more than four personal computers for customer use (C-2, C-3);

13. Newsstands — staffed (C-2, C-3);

14. Sporting goods and equipment with firearms and/or ammunition sales (C-2, C-3);

15. Swap meets, marketplaces, concession malls (C-3);

16. Thrift stores and second-hand merchandise stores (C-3; BP and C within HBSP).

E. Commercial Uses (Lodging Facilities).

1. Bed and breakfast facilities (AP, C-2, C-3);

2. Hotels and motels (AP, C-2, C-3).

F. Commercial Uses (Medical/Health Services).

1. Hospitals (AP).

G. Commercial Uses (Motor Vehicle/Watercraft Sales and Service).

1. Automobile/watercraft body and painting as a primary use (MIP, M-1, M-2);

2. Automobile, motorcycle, RV and watercraft sales and service - new and/or used with outdoor display (C-3, MIP);

3. Automobile rental agencies with on-site parking for rental vehicles (C-2, C-3, MIP);

4. Car washes (C-2, C-3, MIP);

5. Commercial parking lots, garages and structures as a primary use (AP, C-2, C-3);

6. Fueling/service stations with or without ancillary uses, such as minimart, auto repairs, car wash, or quick-serve food establishment (C-2, C-3, MIP, M-1, M-2);

7. Limousine, charter bus, shuttle or taxicab service with on-site fleet vehicle storage (AP, C-2, C-3, MIP, M-1, M-2);

8. Quick lube facilities (C-3, MIP, M-1, M-2);

9. Truck, trailer, moving van, and equipment rentals (C-2, C-3, MIP, M-1, M-2).

H. Commercial Uses (Personal Services).

1. Cemeteries, crematories, mausoleums, columbaria (M-1, M-2);

2. Coin laundries (C-2, C-3);

3. Fortune telling, palm or card reading (C-3);

4. Funeral homes and mortuaries (C-3, MIP);

5. Pawn shops (C-3);

6. Tattoo, dermagraphics, or body piercing as a primary use (C-3, MIP);

7. Massage establishments (C-3, MIP; C within HBSP; C-3 and MIP within NMSP).

I. Commercial Uses (Recreation/Entertainment).

1. Banquet halls as a stand-alone use (C-3, MIP, M-1);

2. Billiards and pool halls (C-2, C-3);

3. Cyber cafés, internet access, and electronic game arcades (C-2, C-3);

4. Golf courses and driving ranges (C-3, MIP, M-1, M-2);

5. Hookah establishments as a stand-alone use (C-3);

6. Indoor amusement facilities, batting cages, bike/skate parks, bowling centers, go-kart facilities, karaoke establishments, recreation/sports/gyms/health clubs, roller/ice hockey facilities, and skating rinks (C-2, C-3, MIP)

7. Outdoor amusement parks and facilities, bike/skate parks, go-kart facilities, miniature golf, recreation/sports/health clubs, skating rinks, batting cages, roller/ice hockey facilities, miniature and remote control car tracks, and remote control hobby facilities (C-2, C-3, MIP, M-1, M-2);

8. Public assembly, auditoriums, and meeting halls (C-2, C-3, MIP);

9. Theaters (live stage and motion picture) and concert halls (C-3, MIP).

J. Commercial Uses (Religious Institutions).

1. Houses of worship (AP, C-2, C-3, MIP, M-1, M-2);

2. Monasteries and religious group quarters as a primary use (C-3, MIP).

K. Community Uses (Special Uses)

1. Certified farmers' markets (R-1, on property developed with civic or public uses only when sponsored or co-sponsored by the City; R-1, on property developed with religious or public educational uses; C-3)

2. Wireless telecommunications facilities (AP, C-2, C-3, MIP, M-1, M-2)

L. Educational/Instructional/Day Care Uses.

1. Colleges (AP, C-3, MIP);

2. Elementary, middle and high schools — private (AP, MIP);

3. Preschools and children's day care facilities (AP, C-2, C-3).

M. Manufacturing and Industrial Uses.

1. Automobile wrecking yards, salvage and junkyards (M-2);

2. Chemical manufacturing and processing (M-2);

3. Concrete batch plants (M-2);

4. Detergent and soap manufacturing (M-2);

5. Explosives and fireworks manufacturing and storage (M-2);

6. Laundries and dry cleaners — commercial (M-1, M-2);

7. Lumber and wood products with outdoor storage (MIP, M-1, M-2);

8. Metal or iron work fabrication (M-1, M-2);

9. Outdoor business operations with permitted manufacturing/industrial use (MIP, M-1, M-2);

10. Recycling/transfer facilities and material recovery facilities (M-2);

11. Research, development, and testing of products with outdoor operations (M-1, M-2);

12. Rock, sand, gravel, and mineral extraction and recycling (M-2);

13. Stone, clay, and glass manufacturing (M-2);

14. Tire retreading (M-2);

15. Vehicle battery manufacturing (M-2);

N. Warehouse and Storage Uses.

1. Building materials with outdoor storage (MIP, M-1, M-2);

2. Lumber/contractor storage yard as a primary use (MIP, M-1, M-2);

3. Outdoor storage as a primary use (M-1, M-2);

4. Outdoor storage as an ancillary use to a permitted use in a building (MIP, M-1, M-2);

5. Outdoor storage for gardening/landscape companies and contractors (MIP, M-1, M-2);

6. Self-storage, mini-storage warehouse facilities (C-3, MIP, M-1, M-2).

(Ord. No. 13-933, § 4, 6-17-13; Ord. No. 13-935, § 2, 7-7-14; Ord. No. 14-942, § 2, 5-19-14; Ord. No. 14-946, § 1, 10-6-14; Ord. No. 15-951, § 2, 7-6-15)

The Director of Community Development may grant an administrative conditional use permit (ACUP) for any use listed in this section as a permitted use only in the zoning districts noted and subject to conditions related to the use, construction, implementation, operation, and automatic revocation as the Director may deem appropriate and necessary for the general welfare of the community, provided the use is deemed to be exempt from the provisions of the California Environmental Quality Act (CEQA):

A. Residential Uses.

1. Caretaker quarters (C-3, MIP, M-1, M-2);

2. Residential care facilities — seven or more persons (AP, C-2, C-3);

B. Commercial Uses (Alcoholic Beverage Sales).

1. Off-sale beer and wine (ABC Type 20) as an incidental use to a retail business and where display of alcoholic beverages constitutes an aggregate of four square feet or less of the public area of the demised tenant space and subject to the applicable requirements of Chapter 11.42 of this title (C-2, C-3).

C. Commercial Uses (Temporary and Special Uses).

1. Collocation of an additional carrier on an existing wireless telecommunications facility, provided the collocation would not result in any of the following (AP, C-2, C-3, MIP, M-1, M-2):

a. An increase in height of the existing facility;

b. A substantial change to the visual appearance of the existing facility;

c. An increase in the area of the ground lease space that results in a reduction of required landscape area or required parking.

2. Fruit, vegetable, and flower stands — product grown on-site (MIP, M-1, M-2);

3. Mobile recycling and reverse vending units (C-2, C-3, MIP, M-1, M-2);

4. Outdoor seating in conjunction with an approved restaurant/food use — eight seats or more (C-2, C-3, MIP);

5. Temporary parking lots (AP, C-2, C-3, MIP, M-1, M-2);

6. Temporary structures in conjunction with carnivals, farmers' markets, fairs, circuses, and religious gatherings (C-3, MIP, M-1, M-2);

7. Temporary use of storage and sea containers in conjunction with a legally established use (MIP, M-1, M-2);

8. Temporary use of structures, trailers, and facilities in conjunction with a legally established use (AP, C-2, C-3, MIP, M-1, M-2).

9. Temporary use of undeveloped/vacant property by contractors performing public infrastructure work and/or repairs.

D. Educational/Instructional/Day Care Uses.

1. Adult day care (C-2, C-3; C-2, C-3 and MIP within NMSP; BP and C within HBSP);

2. Adult vocational classes, trade schools, computer training, traffic and driving schools (AP, C-2, C-3; C-3 and MIP within NMSP; BP, C and CO within HBSP);

3. Children's tutorial classes (AP, C-2, C-3; C-3 and MIP within NMSP; BP, C and CO within HBSP);

4. Music, art, dance, gymnastics, martial arts instruction, personal fitness, Pilates, talent/acting studio, and yoga — greater than 2,000 square feet (AP, C-2, C-3, MIP; C-3 & MIP within NMSP; BP, C & CO within HBSP).

(Ord. No. 13-933, § 5, 6-17-13)

A. Nonconforming Structures. All structures, including main buildings, accessory structures, walls, fences, signs, and other structures, that do not comply with height, setback, density, and/or lot coverage standards specified by this title, or for which the number of parking spaces provided is less than required, or any residential structures within any commercial or industrial zone, except as may be permitted by this title, are hereby deemed to be nonconforming structures; and the following provisions shall apply:

1. Enlargement and Extension. No enlargement, extension, or expansion shall be made to a nonconforming structure unless otherwise permitted by this title. Building additions to a single-family residence in the R-1 Zone shall be permitted, provided that the addition observes the setbacks currently required by this title and that all other development standards of the underlying zone can be met.

2. Building additions to Single-Family Residences Without Required Covered Parking. In the R-1 Zone, single-family residences without required covered parking pursuant to Chapter 11.66 of this title may be expanded as follows:

a. The floor area of the main residential structure is not increased by more than 25 percent or 500 square feet, whichever is less, over a period of five years or less.

b. The new construction shall not occupy the only available area(s) suitable for required parking and access thereto.

3. Construction of Accessory Structures and Second Dwelling Units On R-1 Lots Without Required Covered Parking. The construction of a detached accessory structure pursuant to Chapter 11.19 of this title, or an attached or detached second dwelling unit pursuant to Chapter 11.23 of this title, on a lot in the R-1 Zone developed with a single-family residence upon which required covered parking is not provided shall be prohibited unless the required covered parking is constructed prior to, or concurrently with, said accessory structure or second dwelling unit. A certificate of occupancy for an accessory structure or second dwelling unit shall not be issued by the Building Official until a certificate of occupancy has been issued for the structure providing the required covered parking.

4. Maintenance and Repairs. General maintenance and necessary repairs that are not structural in nature may be made to legal nonconforming structures in all zoning districts. Structural repairs to a legal nonconforming structure may be authorized by the Building Official if it is determined that said repairs are necessary to protect the health and safety of the occupants, public at-large, or adjacent property and the cost does not exceed 50 percent of the replacement cost of the legal nonconforming structure. Improvements required to strengthen unreinforced masonry structures shall be permitted without replacement cost limitations, provided that such work is limited strictly to compliance with seismic safety standards.

5. Abandonment of Nonconforming Structures. Any nonconforming building, structure, sign, or improvement that has been vacated or not utilized for a continuous period of 180 days or more shall be deemed to have lost its nonconforming status and shall, at the discretion of the Director of Community Development, be demolished, removed, or modified to such extent that it would be in conformance with the current development standards for the zone in which the building, structure, sign, or improvement is located. Additionally, any sign that became nonconforming on March 21, 2001, pursuant to Ordinance No. 94-733 and the criteria set forth in Section 11.72.140 of this Title, or any sign that has been subsequently determined to be nonconforming, shall not be refaced or reestablished to identify a different business than was identified on the previously legal nonconforming sign.

6. Replacement of Nonconforming Structures. Any nonconforming single-family residential, commercial, industrial, or institutional structure that is involuntarily damaged by fire or other catastrophic event may be restored or reconstructed to its original condition provided that the cost of such restoration/reconstruction does not exceed 50 percent of the replacement value of the structure as determined by the Director of Community Development and that the restoration shall commence within one year from the date the damage occurred.

7. Replacement of Nonconforming Multifamily Structures. Any non-conforming multifamily residential dwelling unit that is involuntarily damaged or destroyed by fire or other catastrophic event may be restored subject to the provisions set forth in California Government Code Section 65852.25.

8. Relocation of a Nonconforming Structure. A nonconforming structure shall not be moved to any other lot or to any other portion of the lot on which it is located unless, as a result of the move, the structure would then conform to the regulations of the zoning district.

9. Nonconforming Historic Structures. Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, or continued use of a nonconforming historic structure may be made when authorized by the Director of Community Development and Building Official or their designees, provided that:

a. The structure has been designated as having significant historical or architectural significance by the City Council, State of California, or federal government or was constructed in, or prior to, 1940;

b. Any unsafe conditions are corrected; and

c. The use(s) therein shall be in conformance with all applicable provisions of this chapter.

B. Nonconforming Uses. Nonconforming uses are those that were legally established but that are not currently listed as permitted or conditionally permitted in the zoning district in which they are located or those that currently require a conditional use permit but at the time of their initiation did not require a conditional use permit. The following provisions shall apply to legal nonconforming uses:

1. No nonconforming use shall be expanded or moved in whole or part to any portion of the lot or parcel upon which it is located or other structure other than that occupied by such use at the time it was established.

2. No nonconforming use shall be changed to a different nonconforming use.

3. If a nonconforming use is discontinued or abandoned for a continuous period of 180 days or more, such use shall be deemed to have lost its nonconforming status and shall not be reestablished.

4. Adult-oriented businesses. The amortization of nonconforming adult-oriented businesses shall be subject to the provisions set forth in Section 11.40.060 of this title.

C. Permits or Certificates of Occupancy Prohibited. When any nonconforming structure or use is no longer permitted pursuant to the provisions of this title, no building or sign permit or certificate of occupancy shall thereafter be issued for further continuance, alteration, or expansion. Any permit or certificate of occupancy issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

D. Removal of illegal nonconforming structures and uses. Nothing contained in this section shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses.

E. Burden of Proof. The burden of proof regarding nonconforming structures and uses shall be with the property owner to the satisfaction of the Director of Community Development.

(Ord. No. 13-933, § 6, 6-17-13)

The Director of Community Development may grant an administrative conditional use permit as follows:

A. For temporary structures within planned rights-of-way when the property owner applying for such permit signs an agreement with the City to remove any such temporary building or structure at his/her expense whenever so requested by the City for street widening or opening; or

B. Upon evidence that the entire property of the owner, of which the area of the planned right-of-way forms a part, cannot reasonably be used for a permitted use and yield a reasonable return to the owner without a new or improved structure within such planned right-of-way.

(Ord. No. 13-933, § 6, 6-17-13)

A. Any property owner or his/her authorized representative desiring a conditional use permit or administrative conditional use permit may file an application for such permit with the Planning Division on forms furnished by the City. Additional submittal requirements as designated by Planning Division staff shall accompany said application form in order to constitute a complete application. The additional submittal requirements may include, but not be limited to, the following:

1. A legal description of the subject property;

2. A site plan, floor plans, elevations, and other appropriate drawings illustrating existing and proposed buildings or facilities;

3. A narrative describing the nature of the proposed use, hours of operation, estimated occupancy, and other relevant information;

4. A reference to the specific provisions of this title that are applicable to the conditional use permit or administrative conditional use permit sought;

5. A filing fee, the amount of which is determined by resolution of the City Council;

6. Conditional use permit justification form;

7. Environmental assessment form;

8. Names and mailing addresses, printed on mailing labels, of all owners of real property within 300 feet of the external boundaries of the subject property, as shown on the latest adopted, publicly available tax roll of the County of San Bernardino.

B. No application for the same general purpose concerning the same property, which application has been recommended for denial by the Planning Commission or denied by the Director of Community Development, Planning Commission, and/or City Council on appeal, shall be received or processed by the Planning Division within 12 months after such denial except by the consent of at least four members of the Planning Commission present at a regular meeting of the Planning Commission.

(Ord. No. 13-933, § 6, 6-17-13)

A. Upon the acceptance of a completed application for a conditional use permit (CUP) or administrative conditional use permit (ACUP), Planning Division staff shall forward the application to the Development Review Commit-tee for review and comments and shall communicate to the applicant said recommendations and comments from the Development Review Committee. If no major changes are recommended, then the City Planner shall, in the case of a CUP, set a date for a public hearing before the Planning Commission. For an ACUP, the City Planner shall forward the application to the Director of Community Development for consideration and action. If major changes to the proposal are recommended or required, then the submitted plans shall be returned to the applicant for revision and resubmittal. When the necessary corrections have been made, the application shall be deemed complete. For CUPs, the City Planner shall set a date for a public hearing; for ACUPs, the application shall be forwarded to the Director for consideration and action.

B. For conditional use permits, the Secretary of the Planning Commission shall give notice of such requested CUP and of the time and place of such public hearing as follows:

1. By one publication in a newspaper having a general circulation in the City at least 10 days, but no more than 15 days, prior to the date set for the public hearing; and

2. By mailed notice not less than 10 days prior to the date set for the public hearing to all owners of real property within a radius of 300 feet of the external boundaries of the property described in the application, using the last known name and mailing address of such owners as shown on the most recent available tax roll for the County of San Bernardino. Notice may be given to property owners within a greater radius at the discretion of the Planning Commission or the Director of Community Development.

3. The Planning Commission shall cause to be made by its own members, or members of staff, such investigation of facts bearing upon such application set for hearing including an analysis of precedent cases as in the opinion of the Planning Commission will serve to provide the necessary information to enable the Commission to act.

4. A copy of the staff report shall be made available to the applicant and to the general public upon request prior to the hearing.

5. At the time and place so fixed and noticed, the public hearing shall be conducted before the Planning Commission. The Commission shall consider all pertinent oral and written evidence and information prior to adoption of a formal and numbered resolution granting or denying such conditional use permit. A summary of all pertinent testimony offered at the hearing; the names and addresses of persons testifying; and copies of all notices, affidavits of newspaper publication(s), and records of action taken shall be a part of the permanent case file.

C. For administrative conditional use permits, the Director of Community Development shall give notice of such requested ACUP as follows:

1. By mailed notice not less than 10 days prior to the date set for a final decision by the Director to all owners of real property within a radius of 300 feet of the external boundaries of the property described in the application, using the last known name and mailing address of such owners as shown on the most recent available tax roll for the County of San Bernardino. Notice may be given to property owners within a greater radius at the discretion of the Director of Community Development.

2. The Director of Community Development shall conduct an investigation of facts bearing upon such application including an analysis of precedent cases as, in the opinion of the Director, will serve to provide the necessary information to enable him/her to act.

3. The Director of Community Development shall consider all pertinent oral, written, and electronic communications received by Planning Division staff related to the subject application prior to granting or denying such administrative conditional use permit. A summary of all pertinent communication received by staff, copies of all notices, affidavits of newspaper publication(s), and records of action taken shall be a part of the permanent case file.

(Ord. No. 13-933, § 6, 6-17-13)

A. Findings. The Planning Commission, prior to approval of a request for a conditional use permit, shall adopt a resolution stating that the evidence presented shows that each of the findings below have been made. In the case of an administrative conditional use permit, the Director of Community Development shall prepare an approval letter stating the evidence presented shows that each of the following findings have been made:

1. That the use is essential or desirable to the public convenience and public welfare;

2. That granting the permit will not be materially detrimental to the public welfare and to other property in the vicinity;

3. That the use conforms to good zoning practices and development standards; and

4. That the use is not contrary to any of the objectives of the adopted General Plan.

B. Finding of Public Convenience and Necessity.

1. In the event that a CUP is granted for a business establishment engaged in the sale of alcoholic beverages for on- or off-site consumption and that establishment is located in a census tract where there is "undue concentration" pursuant to Section 23958.4 of the Business and Professions Code, then the Planning Commission shall also make a finding of Public Convenience and Necessity in addition to the findings in subsection A of this section.

2. In the event that an ACUP is granted for a business establishment engaged in the sale of beer and wine as an incidental use as defined in this Title and that establishment is located in a census tract where there is "undue concentration" pursuant to Section 23958.4 of the Business and Professions Code, then the Director of Community Development shall also make a finding of Public Convenience and Necessity in addition to the findings in subsection A of this section. In the alternative, the Director, at his/her sole discretion, may refer the application to the Planning Commission to make the required Finding of Public Convenience and Necessity.

C. Conditions.

1. The Planning Commission may grant the requested conditional use permit, or the Director of Community Development an administrative conditional use permit, in whole or in part upon such items and conditions as he/she/it may deem necessary to safeguard and protect the public health, safety, and general welfare, the existing and possible future uses on adjoining land in the neighborhood, the proper handling and regulation of traffic, and to ensure the eventual development of the property with respect to which the permit is granted.

2. Prior to the issuance of any building or occupancy permit, the owner and anyone applying on his/her behalf shall agree, in writing, to meet and abide by all the conditions and requirements imposed on the conditional use permit or administrative conditional use permit.

D. Time Limit.

1. Each determination of the Planning Commission or Director of Community Development granting a conditional use permit or administrative conditional use permit shall be conditioned upon the privileges being utilized within six months after the effective date thereof unless a shorter or longer time period is established by the Planning Commission or Director; and if they are not utilized or preliminary construction work is not begun within such time and/or progressing adequately to the satisfaction of the Director of Community Development, this authorization shall become void and any privilege or permit granted shall be deemed to have lapsed. The Planning Commission, however, shall have the authority to extend the time limit required for a conditional use permit for good cause and in the case of unavoidable delay upon submittal of a written request and the required time extension filing fees by the applicant at least 10 days prior to the expiration date. Similarly, the Director shall have the authority to extend the time limit required for an administrative conditional use permit for good cause and in the case of unavoidable delay upon submittal of a written request and the required time extension filing fees by the applicant at least 10 days prior to the expiration date.

2. As a condition for granting an extension of time, the Planning Commission (CUP) or Director of Community Development (ACUP) may revise existing conditions or impose additional conditions to ensure that the project will be in compliance with City standards in effect at the time such extension is granted.

3. Once any portion of the conditional use permit or administrative conditional use permit is utilized, the other portions thereof shall become immediately operative and shall be strictly complied with.

4. When a land use for which a conditional use permit or administrative conditional use permit was granted is discontinued for a period of six continuous months, such use shall not be reestablished unless a new CUP or ACUP, as applicable, is approved for the subject use. Further, if any land use legally established without the benefit of a CUP or ACUP is discontinued for six continuous months but, under the current requirements of this title, would require approval of a CUP or ACUP, said land use shall not be reestablished unless a CUP or ACUP, as applicable, is approved for the subject use.

(Ord. No. 13-933, § 6, 6-17-13)

A. Conditional Use Permits.

1. The action of the Planning Commission shall become final on the date the Planning Commission makes its final determination on the application. However, within 15 days after the date of the Planning Commission's decision, a written appeal therefrom may be taken to the City Council by any person aggrieved by the determination of the Planning Commission in connection with the application. Such appeal shall be accompanied by the required appeal fee, which shall be one half of the initial conditional use permit filing fee. The City Council, on its own motion, may appeal any determination of the Planning Commission within 15 days of the Planning Commission's decision or at the next regularly scheduled City Council meeting, whichever occurs later. An appeal fee shall not be required in the event of such City Council appeal.

2. The appeal request shall stay any proceedings associated with the action appealed from. Upon receipt of the request for the appeal, Planning Division staff shall transmit to the City Council the appeal request and copies of all other papers constituting the official record, together with a written report stating why the appeal should or should not be granted.

3. The City Council may, by resolution, affirm, reverse, or modify in whole or in part any decision, determination, or requirement of the Planning Commission; but before conducting a public hearing on granting any appeal of a Planning Commission decision, the City Council shall set the matter for hearing and give the same notice as that provided in Section 11.78.070(B) of this chapter.

4. The appeal hearing by the City Council shall be based upon the record of the Planning Commission. In the event any new information or evidence is produced for consideration, the City Council shall refer the matter back to the Planning Commission for review and recommendation.

B. Administrative Conditional Use Permits.

1. The action of the Director of Community Development shall become final on the date he/she makes a final decision on the application. However, within 15 days after the date of the Director's decision, a written appeal therefrom may be taken to the Planning Commission by any person aggrieved by the determination of the Director in connection with the application. Such appeal shall be accompanied by the required appeal fee, which shall be one half of the initial administrative conditional use permit filing fee. The Planning Commission or City Council, on its own motion, may appeal any decision of the Director within 15 days of his/her decision or at the next regularly scheduled Planning Commission or City Council meeting, whichever occurs later. An appeal fee shall not be required in the event of such appeal by the Planning Commission or City Council.

2. The appeal request shall stay any proceedings associated with the action appealed from. Upon receipt of the request for the appeal, Planning Division staff shall transmit to the Planning Commission the appeal request and copies of all other papers constituting the official record, together with a written report stating why the appeal should or should not be granted.

3. The Planning Commission may, by resolution, affirm, reverse, or modify in whole or in part any decision, determination, or requirement of the Director of Community Development; but before conducting a public hearing on granting any appeal of the Director's decision, the Planning Commission shall set the matter for hearing and give the same notice as that provided in Section 11.78.070(B) of this chapter.

4. The appeal hearing by the Planning Commission shall be based upon the record of the administrative decision by the Director of Community Development. In the event any new information or evidence is produced for consideration, the Planning Commission shall refer the matter back to the Director for review and recommendation.

5. The action of the Planning Commission on an appeal of the Director's decision shall become final on the date the Planning Commission makes its determination on the appeal. Any person aggrieved by the determination of the Planning Commission in connection with the appeal, or the City Council on its own motion, may appeal the Planning Commission's decision, subject to the timeframe, fees, and criteria set forth in Section 11.78.090(A) of this chapter.

(Ord. No. 13-933, § 6, 6-17-13)

A. Conditional Use Permits.

1. The Planning Commission, on its own motion or upon the direction of the City Council, may conduct a hearing upon the question of the revocation of a conditional use permit granted under or pursuant to the provisions of this title.

2. Notification of such public hearing shall be given in accordance with Section 11.78.070(B) of this chapter provided, however, the owner of the subject property shall have his/her notice mailed by certified mail, postage paid, return receipt requested.

3. A conditional use permit granted pursuant to a hearing may be revoked and a nonconforming use may be terminated if the Planning Commission and City Council make any of the following findings:

a. That any condition of a conditional use permit or an amended conditional use permit has not been complied with or has been violated;

b. That the use is detrimental to the public health or safety or is a nuisance;

c. That the conditional use permit was obtained by fraud;

d. That the use for which the permit was granted is not being exercised;

e. That the use for which the permit was granted has ceased or been suspended for six months or more; or

f. That the condition of the improvements, if any, involved in a legal nonconforming use is such that the property, with or without alteration of any existing improvements, can be used for a nonconforming use without impairing the constitutional rights of any person.

4. After a hearing upon the revocation of a conditional use permit, the Planning Commission shall report its findings of fact and recommendations to the City Council by a formal and numbered resolution; and upon receipt of such recommendations, the City Council shall determine the facts at a public hearing and may revoke, modify, or allow to remain unchanged the conditional use permit in accordance with the City Council's final determination in such matters.

B. Administrative Conditional Use Permits.

1. The Planning Commission, on its own motion, upon the recommendation of the Director of Community Development or upon the direction of the City Council, may conduct a hearing upon the question of the revocation of an administrative conditional use permit granted under or pursuant to the provisions of this title.

2. Notification of such public hearing shall be given in accordance with Section 11.78.070(B) of this chapter provided, however, the owner of the subject property shall have his/her notice mailed by certified mail, postage paid, return receipt requested.

3. An administrative conditional use permit may be revoked and a nonconforming use may be terminated if the Planning Commission and City Council make any of the following findings:

a. That any condition of an administrative conditional use permit or an amended administrative conditional use permit has not been complied with or has been violated;

b. That the use is detrimental to the public health or safety or is a nuisance;

c. That the administrative conditional use permit was obtained by fraud;

d. That the use for which the permit was granted is not being exercised;

e. That the use for which the permit was granted has ceased or been suspended for six months or more; or

f. That the condition of the improvements, if any, involved in a legal nonconforming use is such that the property, with or without alteration of any existing improvements, can be used for a nonconforming use without impairing the constitutional rights of any person.

4. After a hearing upon the revocation of an administrative conditional use permit, the Planning Commission shall report its findings of fact and recommendations to the City Council by a formal and numbered resolution, and upon receipt of such recommendations, the City Council shall determine the facts at a public hearing and may revoke, modify, or allow to remain unchanged the administrative conditional use permit in accordance with the City Council's final determination in such matters.

(Ord. No. 13-933, § 6, 6-17-13)