§ 18.52

When practical difficulties or results inconsistent with the general intent and purpose of this title occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner set forth in this chapter.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.52.020 - Standards and findings for variance.

A.

When Variance is to be issued. If the body hearing an application for a zoning variance finds that every standard in subsection C of this section is met by the evidence presented at the hearing, it shall grant the variance.

B.

Burden of Proof. The applicant shall have the burden of proof to show the existence of facts which support the conclusion that the standards are met.

C.

Findings. The required findings for the granting of a variance are as follows:

1.

There are special circumstances applicable to the subject property (i.e. Size, shape, topography, location, surroundings) which cause the strict application of the zoning ordinance to deprive the property of privileges which are enjoyed by other property in the vicinity and under identical zoning classification.

The variance would not be the grant of a special privilege inconsistent with the limitations on other nearby properties in the same zone.

3.

Issuance of the variance would not be materially detrimental to the public health, safety or welfare nor unreasonably impact nearby properties.

4.

Issuance of the variance would be consistent with the purposes of the general plan and the zoning regulations

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Article II. - Conditional Use Permits

The purpose of any conditional use permit shall be to ensure that the use for which the same is required will be rendered compatible with other existing and permitted uses located in the general area of the same. The following uses, each of which possesses characteristics of such unique and special form as to render impractical their operation without specific approval, shall be permitted in the zones as hereinafter set forth, provided that a conditional use permit is first obtained pursuant to the provisions of this chapter, unless such use is designated as a permitted use in a particular zone.

A.

Uses conditionally permitted in all zones (except R-5, C-2-(HO), INV, MU, MED, PQP, PUT) — for such zones see those specific chapters:

—

Alcohol. If the underlying use is either permitted or conditionally permitted in the zone, the addition of the sale of alcoholic beverages for on-site or off-site consumption for such underlying use.

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Any business which is a permitted (or conditionally permitted) use but which, as a course of its normal operation, includes any business-related activity open to the public between the hours of twelve midnight and six a.m.

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Cemeteries;

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Dump, inert solid-fill;

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Oil, gas or other hydrocarbon substances, the drilling and production thereof, including but not limited to exploratory borehole operations;

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Public utility facilities and utilities operated by mutual companies, except any public facility for which a building permit is not required pursuant to the city's building regulations, and any such facility which is permitted by a city-granted franchise;

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Quarries;

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Solid-fill projects;

B.

Uses conditionally permitted in the R-E zone:

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Animals, fish, fowl (chickens, turkeys, ducks, geese, etc. as defined in Section 8.28.030 of the WMC), homing pigeons of the order Columbae, kept and maintained for noncommercial purposes and not otherwise permitted as an accessory use (minor conditional use permit pursuant to Chapter 18.58);

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Golf courses, privately owned;

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Livestock, care and maintenance for commercial or noncommercial purposes (minor conditional use permit pursuant to Chapter 18.58);

C.

Uses conditionally permitted in the R-1 zone:

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Those uses conditionally permitted in the R-E zone;

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Christmas tree farms, provided sales of trees are allowed only during the months of November and December;

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Churches, temples and other places of worship;

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Crops, field, tree, bush, berry and row, including nursery stock, the growing of;

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Educational institutions, private;

—

Institutional freestanding signs;

D.

Uses conditionally permitted in the R-2 zone:

—

Those uses conditionally permitted in the R-1 zone;

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Conversion of residential rental units to residential condominiums;

—

Mobile home park;

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Residential care facilities, serving seven or more persons pursuant to the California Community Care Facilities Act (Health and Safety Code Sections 1500-1518)

—

Single room occupancy developments (SRO's), subject to the requirements in Section 18.52.190;

E.

Uses conditionally permitted in the R-3 zone:

—

Those uses conditionally permitted in the R-2 zone;

—

Parking lots, commercial;

F.

Uses conditionally permitted in the R-4 zone:

—

Those uses conditionally permitted in the R-3 zone;

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Adult day care centers;

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Fraternities; (seven or more persons);

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Low barrier navigation center/hospitality houses;

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Private clubs;

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Sororities;

G.

Uses conditionally permitted in the C-O zone:

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Those uses conditionally permitted in the R-4 zone except institutional freestanding signs;

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Day care centers;

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Day treatment clinics;

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Hospitals, including nursing and convalescent facilities;

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Mortuaries;

—

Radio or television towers and transmitters;

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Self-service laundries (laundromats);

—

Single-family and multi-family residences (standalone)

—

Substance use recovery facilities;

—

Telephone exchanges;

H.

Uses conditionally permitted in the C-1 zone:

—

Those uses conditionally permitted in the C-O zone, except stand-alone single-family and multi-family residences;

—

Any business that includes drive-through or drive-in operation;

—

Any use permitted in the applicable commercial zone which utilizes three or more service vehicles in conjunction therewith, where such vehicles are parked or stored overnight at the place of business;

—

Automobile services uses (not including auto body and fender repair or auto painting);

—

Health centers/fitness clubs;

—

Internet cafes, subject to compliance with the requirements of Section 18.24.030(F) of the Whittier Municipal Code;

—

Restaurants with three thousand square feet or more of gross floor area;

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Retail stores with three thousand square feet or more of gross floor area;

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Smoking lounges;

—

Tire sales and installation;

I.

Uses conditionally permitted in the C-2 zone:

—

Those uses conditionally permitted in the C-1 zone, except:

a.

Residential care facilities,

b.

Mobilehome parks,

—

The following uses:

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Adult entertainment establishments, subject to the provisions of Chapter 18.44;

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Antique malls;

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Auto body and fender repair;

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Auto painting;

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Bakery goods, wholesale distributor;

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Banquet facilities;

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Boat sales;

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Building material sales;

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Camper sales;

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Car washes and auto detailing;

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Circuses, carnivals, fairs with duration of more than seven days;

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Cocktail lounges, bars, beer gardens and similar uses for which the primary use is the sale of alcohol

—

Columbariums, crematories and mausoleums;

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Commercial recreation facilities open to the public which are privately owned and operated;

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Convenience market (all);

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Dancehalls;

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Electric distribution substations;

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Helistops and small heliports, FCC Class 1A;

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Liquor stores;

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Lodging facilities;

—

Machinery equipment rental service;

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Motorcycle sales (new and used);

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Precision engine rebuilding;

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Recreational vehicle sales;

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Self storage;

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Service stations;

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Tattoo and body piercing parlors;

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Theaters and auditoriums except drive-in or open air;

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Trailer sales, rental, and repair;

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Used car sales (not in conjunction with new car sales);

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Utility trailer and truck rental;

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Veterinary (small animal) hospital

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Wedding chapels;

J.

Uses conditionally permitted in the C-3 zone:

—

Those uses conditionally permitted in the C-2 zone:

a.

Pool and billiard halls subject to compliance with the requirements of Section 18.24.030(E)(1) of the Whittier Municipal Code;

K.

Uses conditionally permitted in the M zone:

1.

Uses conditionally permitted in the C-3 zone, except:

a.

Those uses of a residential character,

2.

The following uses:

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Airports;

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Auction houses;

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Automobile dismantling yards;

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Automobile impound yards;

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Concrete-mixing batch plant;

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Draying—freighting or trucking terminals, including moving and storage;

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Dumps, rubbish and refuse;

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Explosives, storage of ten pounds or more;

—

Heliports (all FAA classes);

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Machinery equipment rental service;

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Parcel service delivery depot;

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Recycling, large collection facility;

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Recycling, processing facility;

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Rock-crushing, including the sale of rock, sand or gravel;

—

Storage space for transit and transportation equipment;

—

Swap meet (indoor or outdoor);

—

Truck repairing, overhauling and servicing.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.52.040 - Prerequisites—Burden of proof.

A.

The following subsections of this section shall constitute the standards relating to the granting of an application for a conditional use permit. Where the body hearing such an application finds that all of the standards, as hereinafter set forth, are met by the evidence presented at the hearing, it shall grant the conditional use permit. The applicant shall have the burden of proof to show, by relevant evidence, the existence of facts which support the conclusion that the standards as set forth in this section are met.

B.

The standards for the granting of a conditional use permit are as follows:

1.

That the site proposed for the use is adequate in size, shape and topography; and

2.

That the site proposed for the use has sufficient access to streets which are adequate, in width and pavement type, to carry the quantity and quality of traffic generated by the proposed use; and

3.

That the proposed use will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties; and

4.

That the proposed use will be compatible with the permitted uses of surrounding and adjacent properties; and

5.

That the use will, as to location, operation and design, be consistent with the general plan, any applicable specific plan, and the Whittier zoning regulations.

C.

The standards set forth in this section relating to the granting of an application for a conditional use permit do not apply to internet cafes or adaptive re-use of a historic building or structure. Standards relating to the granting of an application for a conditional use permit specific to internet cafes are set forth in Section 18.24.030(F) of the Whittier Municipal Code for internet cafes and Section 18.84.490 (Adaptive Reuse of Historic Resources) for the adaptive reuse of a building or structure that was formerly operating as a legal commercial use within a residential zone in the city of Whittier and has been officially deemed eligible or designated as a local, state or federal historic landmark.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.52.050 - Exemptions for certain permitted or nonconforming uses.

A.

Application of Sections 18.52.030 through 18.52.050—Permitted Use. Notwithstanding the provisions of this section, if any use is designated as a permitted principal use in any zone, the conditional use permit requirement shall not apply to that use in that zone.

B.

Nonconformity. None of the uses enumerated in Section 18.52.030, for which a conditional use permit is required, shall be nonconforming if:

1.

The same complied with the zoning regulations in effect at the time the affected use was established; and

2.

The same would otherwise have acquired a nonconforming status solely by reason of the application of Section 18.52.030; and

3.

There is no alteration or enlargement of the use, nor the commencement of any new use on the lot where located, except that, as to existing convenience markets and self-storage facilities such uses shall obtain, within a period of two years after the effective date of the ordinance codified in this section, a conditional use permit allowing such use and comply with the requirements of the police department regarding reducing the potential for robbery and theft.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Article III. - Procedure

A.

Applications for a zone variance, conditional use permit, minor zone variance or minor conditional use permit shall be filed by the owner of the property affected thereby, his/her agent, or by a public utility which has filed an eminent domain action with regard to such property with the director, on forms furnished by the director, which shall set forth fully the nature of the proposed use, and the facts sufficient to justify the granting of the variance or conditional use permit in accordance to the provisions of this chapter.

B.

The applicant shall furnish to the director an accurate list of the names and addresses of all property owners to whom notice must be given as provided in this chapter.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Each such original application, modification application or appeal shall be accompanied by a filing and processing fee in an amount as set by the council. Any applicant may withdraw his/her application by filing a written request to do so at any time prior to final action thereon. A prorated refund of processing fees may be requested if an application is withdrawn

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Every application for a zone variance or conditional use permit shall be set for a public hearing before the commission by the director, except as provided in Chapter 18.58 or elsewhere in this code. Hearings may be continued from time to time by the commission or council, as it may deem necessary.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Notice of the time and place of public hearings before the commission and council, on zone variance and conditional use permit applications, shall be given by United States mail, postage prepaid, addressed to the occupants and owners of property located within a radius of three hundred feet from the external boundaries of the property or use, at the director's discretion, to which the application relates, as shown on the latest equalized assessment roll of the county, or from other records which contain more recent and accurate addresses.

B.

Such notices shall describe the subject property and contain a brief description of the proposed use, and the date, time and place of the hearing.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Within a reasonable time after the public hearing upon a variance or conditional use permit application, the commission shall, by resolution adopted by not less than a majority of its total membership, approve, conditionally approve or deny the same. The resolution shall contain a brief statement of facts upon which its action is based. Within seven days following the adoption of such a resolution, the commission's secretary shall forward a copy thereof to the city clerk, to the applicant, and to any other person requesting the same.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The granting of any zone variance or conditional use permit may be conditioned. The purpose of any such conditions shall be to ensure that the activity thus permitted will be conducted in a manner consistent with the public peace, safety, general welfare and the provisions of this title.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

The resolution of the commission granting or denying a variance or conditional use permit shall become effective and final on the thirtieth day following its adoption, unless within such period of time an appeal in writing is filed with the city clerk, by the applicant or any other interested person. Any such appeal shall be accepted for filing only upon the payment of an appeal fee as set forth by the city council. In the event no city council meeting is held within said thirty-day period, the effective date shall be extended to the date immediately following the next city council meeting at which time the city council conducts such meeting and at which time the item has been lawfully posted and agendized for city council consideration.

B.

The decision of the commission shall be final and conclusive in the absence of a timely filed appeal. The timely filing of an appeal shall stay the effective date of the commission's resolution pending action by the city council.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Upon the filing of an appeal the secretary of the commission shall forward to the city clerk the commission's files with regard to such zone variance or conditional use permit application. Upon receipt of the same the city clerk shall promptly set the matter for a public hearing before the city council. The city council shall conduct a de novo public hearing upon the matter, and thereafter shall determine whether the application shall be approved, conditionally approved or denied. In making its determination the city council shall observe the standards set forth in Sections 18.52.020 and 18.52.040, whichever is applicable. In its discretion the city council may refer, prior to its decision, such matter to the commission for a further report, with or without additional public hearings before the commission. The determination of the council shall be by resolution, adopted by not less than a majority of the total voting membership of the city council. The resolution shall set forth the facts as found by the city council supporting its action. The decision of the city council shall be final and conclusive in all cases.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Within seven days following the adoption of the resolution by the city council, a copy of the resolution shall be mailed to the applicant and any other person requesting the same.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Inadvertent failure to give notice in the manner prescribed shall have no effect upon any proceeding before the commission or the council.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)