Rocklin Municipal Code Art. I General Provisions

The provisions in this article apply equally to applications for conditional use permits, and variances.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

A. Except as provided in subsections B and C of this section, the planning commission is authorized to grant conditional use permits, and variances pursuant to the provisions of this chapter.

B. The planning commission shall recommend to the council and the council shall take final action on any application for a conditional use permit, variance or adult entertainment waiver for the following:

1. Nonresidential buildings or groups of buildings on one parcel in any zone with gross square footage of one hundred fifty thousand square feet or more;

2. Residential buildings with a height of greater than thirty feet, or with more than two stories;

3. Nonresidential buildings or structures with a height of greater than forty feet, or with more than three stories;

4. All uses listed as M-2 zone conditional uses in Section 17.56.020, except retail sales and personal service establishments and service stations;

5. Surface mining and quarrying operations;

6. Special uses listed in Section 17.64.010;

7. Waiver of locational provisions for adult entertainment businesses under Section 17.79.040; and

8. Any application for a conditional use permit or variance, which is filed and/or is to be heard contemporaneously with another application for a land use entitlement for which the council is the final decision making body.

C. The community development director is authorized to grant conditional use permits for mobile pushcart vending facilities in accordance with the provisions of Article VI of this chapter.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

A. Applications for a variance or conditional use permit shall include those items specified in Section 17.82.030, except subsection G thereof, and, in addition:

1. A complete site plan drawn to a scale prescribed by the community development director showing existing and proposed structures and their intended use;

2. Applications for a variance shall be accompanied by a written statement indicating the unusual or special circumstances or conditions applicable to the property or class of use in the same zone, and stating the reasons why a variance should be granted;

3. The tenant of the property who holds a lease thereon may apply for a conditional use permit or variance without complying with subsection E of Section 17.82.030; provided, that the planning commission determines that the required change will not detrimentally nor permanently affect the property or its use at the termination of the lease. The property owners are to be notified of the application as per Section 17.70.040.

4. A Preliminary Grading Plan. When the grading plan is revised after the variance or conditional use permit and preliminary grading plan have been considered and approved at a public hearing, the revised plan shall be filed with the director and shall be subject to the same hearing process and findings requirements as the original application, except that the subsequent hearings and decisions shall be limited to the revised grading plan and the effects of the revisions on the originally approved project.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

Noticing shall be consistent with the requirements of [Section] 17.02.080.

(Ord. No. 977, Exh. A, A4., 10-11-2011; Ord. No. 1061, § 5, 12-13-2016; Ord. No. 1072, § 6, 6-13-2017)

Editor's note— Ord. No. 1061, § 5, adopted Dec. 13, 2016, changed the title of § 17.70.040 from "Public hearing—Notice" to read as herein set out.

A. At the close of the hearing, the planning commission shall take action to grant, grant with conditions, or deny the application for a conditional use permit, or variance, except for those applications described in Section 17.70.020B.

B

For those applications described in Section 17.70.020B, the planning commission, at the close of the hearing, shall render its decision in the form of a written report and recommendation to the council. The report shall be transmitted to the council by memorandum.

C. Upon receipt of a recommendation to grant or grant with conditions from the planning commission under subsection B of this section, the council shall hold a public hearing on the application. If the planning commission has recommended denial of the application, no hearing and no further action shall be taken by the council unless an appeal is timely filed under Chapter 17.86 of this code. The hearing shall be noticed in the manner described in Section 17.70.040. At the close of the hearing, the council shall take action to grant, grant with conditions or deny the application.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

The decision making body may condition the granting of a variance, or conditional use permit as it deems necessary to effect the purpose of this code. Such conditions may include but are not limited to:

A. Dedications of rights-of-way;

B. Improvements of vehicle access to the subject property to city standards;

C. Regulation of the placement of the use or building on the subject property;

D. Regulation of the height and the number of stories of a building;

E. Regulation of the nature, hours of operation, or extent of use;

F. Regulation of landscaping for the protection of adjoining and nearby property;

G. Noise attenuation measures;

H. Expiration date.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

Upon the grant of the variance, conditional use permit, or mobile home certificate of compatibility, the decision making body shall prepare and deliver to the applicant within five days a written statement thereof stating the fact of the grant and any conditions attached thereto. A copy shall also be delivered to the building inspector and other concerned city officials. The decision on an application for a variance, conditional use permit, or mobile home certificate of compatibility shall not become final, nor shall a permit or license of any kind be issued, until the time in which an appeal may be filed has elapsed. The finaling of an appeal shall stay the issuance of a variance, or a conditional use permit until the appeal is finally determined.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

A. Unless a different time period is prescribed by the decision making body, a conditional use permit, or variance shall expire two years after the effective date of the approval, unless the rights conferred thereby have commenced to be exercised within that period.

B. Where the rights conferred by a conditional use permit or a variance are not exercised for a continuous period of six months or more, such permit or variance shall become null and void.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

The original decision making body shall hold a public hearing for the purpose of either modifying or revoking any variance, or conditional use permit which has been granted pursuant to the provisions of this chapter or any ordinance superseded by this code. Public hearings shall be held and notice given in accordance with the provisions of this article for the grant of conditional use permits, or variances.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

After the public hearing as provided above, the decision making body may revoke or modify a conditional use permit, or variance for any one or more of the following reasons:

A. That such approval was obtained by fraud;

B. That any person making use of or relying upon the conditional use permit, or variance is violating or has violated any condition of such conditional use permit, or variance, or that the use for which the conditional use permit, or variance was granted is being or has been exercised contrary to the terms and conditions of such approval, or that the use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare and constitutes a public nuisance.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

An application for a variance, or conditional use permit shall not be accepted for a period of one year following the denial or revocation of substantially the same conditional use permit, or variance for the same premises.

(Ord. No. 977, Exh. A, A4., 10-11-2011)

The planning commission may permit the withdrawal of an application for a conditional use permit, or variance.

(Ord. No. 977, Exh. A, A4., 10-11-2011)