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:

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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;

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Institutional freestanding signs;

D.

Uses conditionally permitted in the R-2 zone:

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Those uses conditionally permitted in the R-1 zone;

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Conversion of residential rental units to residential condominiums;

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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)

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

E.

Uses conditionally permitted in the R-3 zone:

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Those uses conditionally permitted in the R-2 zone;

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Parking lots, commercial;

F.

Uses conditionally permitted in the R-4 zone:

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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;

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Radio or television towers and transmitters;

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Self-service laundries (laundromats);

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Single-family and multi-family residences (standalone)

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Substance use recovery facilities;

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Telephone exchanges;

H.

Uses conditionally permitted in the C-1 zone:

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

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

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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;

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

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Health centers/fitness clubs;

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

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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;

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Tire sales and installation;

I.

Uses conditionally permitted in the C-2 zone:

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

a.

Residential care facilities,

b.

Mobilehome parks,

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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

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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;

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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:

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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:

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

a.

Those uses of a residential character,

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;

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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;

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Storage space for transit and transportation equipment;

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Swap meet (indoor or outdoor);

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Truck repairing, overhauling and servicing.

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

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:

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

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

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

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

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)

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:

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

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

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)