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08-13-2019 CC Rpt 33COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: AUGUST 13, 2019 FROM: CITY MANAGER ITEM NO:33 SUBJECT:MUNICIPAL CODE AMENDMENT 19MCA01 TO AMEND TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE TO UPDATE APPENDIX A LAND USE MATRIX, 16.58.010 GENERAL PROCEDURES, REPLACE SECTION 16.78 SITE DEVELOPMENT PERMIT WITH MINOR USE PERMIT, AND ADD SECTION 16.79 ZONING CLEARANCE SECTION RECOMMENDATION: Introduce an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA MUNICIPAL CODE AMENDMENT 19MCA01 TO AMEND TITLE 16 (DEVELOPMENT CODE) OF THE CHINO HILLS MUNICIPAL CODE TO UPDATE APPENDIX A LAND USE MATRIX, REPLACE SECTION 16.78 SITE DEVELOPMENT PERMIT WITH MINOR USE PERMIT, UPDATE SECTION 16.58.010, AND ADDING SECTION 16.79 ZONING CLEARANCE AND DETERMINING THAT THE MUNICIPAL CODE AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BACKGROUND/ANALYSIS: Appendix A of the City of Chino Hills Municipal Code (Code) currently contains a matrix listing by zoning district, land uses that are permitted by right, permitted as an accessory use, subject to a Conditional Use Permit review, subject to Temporary Use Permit review, or subject to a Site Development Permit review (reference Attachment "B", Current Municipal Code Appendix A Land Use Matrix). This land use matrix was originally adopted in 1998. Although there have been amendments through the years to accommodate changes in state law or new City ordinances, the matrix is largely as it was when first adopted. As such, there are a number of challenges with the existing land use matrix: Uses are too specific. For example, the land use matrix calls out: Appliance Assembly, Appliance Sales/Repairs (Household), Appliance Sales/Repairs (Small Appliance), Beverage Production, Bookbinding, Candy/Confectionary Manufacturing, Engine Manufacturing. Uses that are common in the City are not listed in the matrix. For example, tutoring, fitness gyms, and walk-in clinics are not listed. Many of the uses called out in the existing land use matrix are not defined in the definitions section of the Code. Permits identified in the matrix are outdated. For example, the Site Development Permit has been used by the City as a sort of staff level minor use permit, but the existing Site Development Permit ordinance does not clearly describe this function. Land uses described in the parking section of the Municipal Code do not match the uses in the land use matrix. 597/658 • • • • • During the preparation of this update, staff reviewed the current provisions and is recommending modifications to the outdated sections of the Municipal Code. The proposed modifications include the following: Comprehensive update to Appendix A Land Use Matrix to generalize uses and eliminate uses that are too specific or out of date. The update also includes reorganizing the Land Use Matrix by districts in alphabetical order to provide a clearer matrix and the addition of uses that were not established in the previous adoption. Similar to the existing Appendix A, uses not listed are prohibited unless the Community Development Director determines that it closely corresponds to a listed use. The process for this use determination would occur through the proposed Zoning Clearance process, discussed below. To simplify the table, certain uses previously listed as prohibited uses in the existing Appendix A, such as junk yards, have been removed from the table, but are still prohibited unless otherwise determined through the use determination process. Prohibited uses retained in Appendix A include those specifically prohibited in other sections of the Municipal Code, such as marijuana establishments and certain alcohol beverage onsite sales establishments open to persons over the drinking age exclusively. Note that one use which was severely restricted before - tattoo parlors - is now recommended to be allowed in the same zones that all other personal services are allowed. Uses in the existing Appendix A that previously required a Site Development Permit have been changed to either a required Minor Use Permit or Zoning Clearance. Remaining references to Site Development Permit that appear in other sections of the Municipal Code, such as Section 16.44 Wireless Communication Facilities, will be updated in a subsequent code amendment to reference Minor Use Permit or Zoning Clearance as applicable. Staff is also updating Section 16.02 Definitions for all the uses listed in the Land Use Matrix and also expands the definition of some uses that are not clear or are out of date. A draft of the definitions update was reviewed by the Planning Commission as part of the overall Land Use Matrix update. However, staff and the City Attorney's office noted several definitions that need clarification. Staff will be taking the definitions update back to Planning Commission next month. Other sections of the Municipal Code, such as Section 16.34 Parking and Loading, contain references to uses that will be updated consistent with the proposed Section 16.02 in a subsequent code amendment. This code amendment also includes the following changes: Replace Section 16.78 Site Development Permit with Minor Use Permit. Establish a Minor Use Permit process to allow staff level review for uses that are regarded as having a relatively low potential for adverse impacts on the subject site or surrounding community due to the nature or magnitude of the use, such as certain commercial recreation, school and athletic facility uses. These uses are subject to a Director level public hearing and conditions of approval. Add Section 16.79 Zoning Clearance to provide for administrative review and approval of a proposed modification to an approved use or development. Examples of modifications subject to Zoning Clearance review are a change in ownership or operation for a project that has an approved use permit; a minor modification to an approved site plan or residential design review, a use determination, or an outdoor commercial dining patio. Update Section 16.58.010 General Procedures to include the Community Development Director as a decision maker, add Public Hearing under Community Development 598/658 • • • • • Director column, and add Zoning Clearance and Minor Use Permit to the General Procedures table. The proposed code revisions/additions for the Land Use Matrix and General Procedures are attached as Exhibit "A" and "G" and highlighted for your reference. Additionally, the currently adopted Appendix A Land Use Matrix is attached as Exhibit "B" for comparison. Exhibit "D" provides the current Section 16.78 Site Development Permit for comparison. Exhibit "C" and "F" provide the proposed permits for Minor Use Permit and Zoning Clearance process. Since Planning Commission review, the City Attorney's office made slight changes to the Zoning Clearance section for clarity, which are outlined in red (Exhibit "E). PLANNING COMMISSION REVIEW At the April 2, 2019, Planning Commission meeting, staff held the first workshop on the updated Appendix A Land Use Matrix and discussed the City's existing land use matrix of the City of Chino Hills Municipal Code. Staff also discussed the replacement of Site Development Permit Section 16.78 with Minor Use Permit and the intent of the proposed change. During this meeting, staff focused on residential uses and recreation / entertainment uses. The Commission provided comment regarding a baseball stadium category, pool and other recreational water uses, private park and recreational facilities, and the list of zones included in the land use matrix. On April 16, 2019, staff presented a second workshop to the Planning Commission to address comments raised in the previous workshop, and discuss the remaining sections of the land use matrix and definitions. Planning Commission had a few questions clarifying some of the proposed changes and if the proposed changes would reduce impacts based on the location of uses. On June 4, 2019, staff presented to Planning Commission the Appendix A Land Use Matrix, updated Definitions, and Minor Use Permit based on discussions and comments from the previous workshop meetings. Additionally, staff presented Chapter 16.79 Zoning Clearance and Chapter 16.58 General Procedures sections reflecting the added permits and processes. The Planning Commission discussed with staff the proposed changes and continued the amendment to allow time for staff to address additional comments on Zoning Clearance, Minor Use Permits and Land Use Matrix. On July 2, 2019, staff presented changes to address the Commission's comments and input. The Planning Commission discussed the revisions with staff regarding Minor Use Permit, Zoning Clearance and Land Use Matrix; staff proposed some additional revisions to clarify the Zoning Clearance process. The Planning Commission adopted a resolution recommending that the City Council adopt Municipal Code Amendment 19MCA01, as amended, by a unanimous vote, 5-0. Following the Planning Commission meetings, staff found an error in the land use matrix table regarding allowable zones for veterinary uses for small and large animals as they were flipped for permitted and conditionally permitted zones. Staff has made this correction and is outlines in red for your knowledge. PUBLIC COMMENTS Notice of the public hearing was published in the Chino Hills Champion on August 3, 2019 for the August 13, 2019 City Council meeting. Staff received an email (Exhibit "H"), dated August 5, 2019, from Raymond Chae, a Chino Hills resident and veterinary owner. Mr. Chae spoke to Planning staff about locating a veterinary use for small animals in a Mixed Use zone. Neither the existing or proposed Land Use Matrix allow veterinary uses in the Mixed Use zone. Mr. Chae is requesting City Council consider allowing this type of 599/658 veterinary use within a Mixed Use zone. Chapter 16.13 of the Municipal Code specifies that uses in the Mixed Use zone should be dynamic, distinctive and expand the dining, shopping, and entertainment opportunities available to the community. Veterinary clinic visits are typically single destination activities and are not conducive to a dynamic commercial experience. Currently, the City has only two developed mixed use properties with each having a very limited amount of retail space available. Veterinary uses for small animals are permitted in the General Commercial, Neighborhood Commercial and Business Park zones. There are available tenant spaces in a number of commercial centers that allow veterinary uses, including Fairfield Ranch Business Center, Soquel Canyon Crossings (adjacent to Soquel Canyon Square which provides shared access between the centers), Country Club Marketplace, and Pine Corporate. Therefore, staff is recommending to maintain the allowed zones for veterinary uses for small animals. ENVIRONMENTAL (CEQA) REVIEW: In accordance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.), the proposed Ordinance has been determined to be exempt from CEQA for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)), and (3) the Ordinance does not constitute a "project" as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). FISCAL IMPACT: There is no fiscal impact associated with the adoption of this Ordinance. REVIEWED BY OTHERS: This item has been reviewed by the City Attorney's Office. Respectfully Submitted,Recommended By: Attachments 19MCA01 Ordinance Exhibit A - Updated Land Use Matrix Exhibit B - Current Land Use Matrix Exhibit C - Chapter 16.78 Minor Use Permit Exhibit D - Current Chapter 16.78 Exhibit E - Chapter 16.79 Redlined Zoning Clearance Exhibit F - Chapter 16.79 Zoning Clearance Clean Version Exhibit G - Chapter 16.58.010 General Procedures Exhibit H - Public Comment 600/658 de5t.Lvu/\ )_OV\/\~'q RJ o Joann Lombardo Community Developmen t Director Page 1 of 7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA MUNICIPAL CODE AMENDMENT 19MCA01 TO AMEND TITLE 16 (DEVELOPMENT CODE) OF THE CHINO HILLS MUNICIPAL CODE TO UPDATE APPENDIX A LAND USE MATRIX, REPLACE SECTION 16.78 SITE DEVELOPMENT PERMIT WITH MINOR USE PERMIT, UPDATE SECTION 16.58.010, AND ADDING SECTION 16.79 ZONING CLEARANCE AND DETERMINING THAT THE MUNICIPAL CODE AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. In 1995, the City Council adopted Ordinance No. 68 to amend the Chino Hills Municipal Code (CHMC) to adopt Title 9 Development Code (subsequently renumbered to Title 16), which superseded the previously adopted Title 8 of the San Bernardino County Code. Subsequently, in 1998 the City adopted Appendix A Land Use Matrix to regulate uses within each zone. Although there have been amendments through the years to accommodate changes in state law or new City ordinances, the Land Use Matrix is largely as it was when it was first adopted. As such, there are a number of challenges with the existing land use matrix: ∑Uses are too specific. For example, the land use matrix calls out: Appliance Assembly, Appliance Sales/Repairs (Household), Appliance Sales/Repairs (Small Appliance), Beverage Production, Bookbinding, Candy/Confectionary Manufacturing, Engine Manufacturing. ∑Uses that are common in the City are not listed in the matrix. For example, tutoring, fitness gyms, and walk-in clinics are not listed. ∑Many of the uses called out in the existing land use matrix are not defined in the definitions section of the Code. ∑Permits identified in the matrix are outdated. For example, the Site Development Permit has been used by the City as a sort of staff level minor use permit, but the existing Site Development Permit ordinance does not clearly describe this function. 601/658 Page 2 of 7 ∑Land uses described in the parking section of the Municipal Code do not match the uses in the land use matrix. b. The proposed code amendment and update to Land Use Matrix will consolidate many uses and remove uses that are highly unlikely to be proposed in the City such as cemeteries. c. The proposed code amendment will also replace the outdated Site Development Permit Section 16.78 and replace it with Minor Use Permit. This will allow staff to process minor uses being proposed at a staff level, which Site Development Permits were being used for in the past. The Minor Use Permit process clarifies that this process is for uses and not developments. d. The proposed code amendment will also add Section 16.79 Zoning Clearance to establish a process to verify that a proposed structure or land use modification substantially complies with the use permit approval or list of permitted activities allowed in the applicable zoning district, the development standards applicable to each type of use, and any conditions of approval of permits previously issued for the subject site. e. The proposed amendment will also update Section 15.58.010 General Procedures to include the new permits, and also include public hearing as a column under the heading designated for when the Community Development Director is the decision-maker. f. On June 4, 2019, the Planning Commission held a duly noticed public hearing to receive oral and documentary evidence from the public regarding the proposed amendments. The code amendment was continued to July 2, 2019 to allow time for staff to address the Planning Commission’s comments and concerns. g. On July 2, 2019, the Planning Commission held a duly noticed public hearing to receive oral and documentary evidence from the public regarding the proposed amendments. The Commission adopted a resolution recommending to the City Council the adoption of the proposed Municipal Code Amendment. h. Notice of the public hearing was published in the Chino Hills Champion newspaper on August 3, 2019. i. A duly noticed public hearing before the City Council was conducted on August 13, 2019, at which time all interested persons were given an opportunity to testify in support of, or in opposition to the project. 602/658 Page 3 of 7 SECTION 2. In accordance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.), the proposed Ordinance has been determined to be exempt from CEQA for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)), and (3) the Ordinance does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). SECTION 3. As required under Government Code § 65860, the City Council finds that Chino Hills Municipal Code amendments proposed in Municipal Code Amendment 18MCA05 are consistent with the Chino Hills General Plan as follows: a. The proposed amendment to the CHMC conforms to General Plan Goal LU-2: Balance Residential with Commercial, Business, and Public Land Uses; Policy LU-2.5: Promote land use patterns that support a regional jobs/housing balance; and Action LU-2.5.4: continue to review, and amend as necessary, the Municipal Code to ensure that a wide range of commercial and employment is available. The proposed amendment would update the provisions regulating land uses, and establish a process for minor modifications to approved uses. Therefore, the amendment is consistent with the goals, policies and objective of the General Plan. SECTION 4. In accordance with Chino Hills Municipal Code § 16.62.040, the City Council makes the following findings of fact: a. FINDING: That the proposed Municipal Code Amendment is consistent with the goals, policies and objectives of the General Plan. FACT: The proposed amendment to the CHMC conforms to General Plan Goal LU-2: Balance Residential with Commercial, Business, and Public Land Uses; Policy LU-2.5: Promote land use patterns that support a regional jobs/housing balance; Action LU-2.5.4: continue to review, and amend as necessary, the Municipal Code to ensure that a wide range of commercial and employment is available. The proposed amendment would update the provisions regulating land uses, and establish a process for minor modifications to approved uses. Therefore, the amendment is consistent with the goals, policies and objective of the General Plan. b. FINDING: That the proposed Municipal Code Amendment will not adversely affect surrounding properties. FACT: The proposed Municipal Code Amendment would update the provisions regulating land uses and changes to land uses. Thus, the proposed Municipal Code Amendment intends to enhance the better understanding of what is permitted or conditionally permitted in each district 603/658 Page 4 of 7 and capture uses that may not be listed as a use and provide clear definitions. Additionally, the code amendment will establish a process for minor modifications or alterations to land by a staff level review process for better streamlining applications and processes. SECTION 5. The City Council adopt an ordinance replacing Appendix A Land Use Matrix of the CHMC in its entirety to read as provided in the document labeled as Exhibit “A”, attached to, and incorporated into, this resolution by this reference. SECTION 6. The City Council adopt an ordinance replacing Section 16.78 Site Development Permit with Minor Use Permit in its entirety to read as provided in the document labeled as Exhibit “C”, attached to, and incorporated into, this resolution by this reference. SECTION 7. The City Council adopt an ordinance adding Section 16.79 Zoning Clearance to read as provided in the document labeled as Exhibit “F”, attached to, and incorporated into, this resolution by this reference. SECTION 8. The City Council adopt an ordinance amending Section 16.58.010 General Procedures read as provided in the document labeled as Exhibit “G”, attached to, and incorporated into, this resolution by this reference. SECTION 9. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinances Nos. 91-01 and 92-02. SECTION 10. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 11. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 12. Repeal of any provision of the Chino Hills Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance. SECTION 13. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Chino Hills Municipal Code or other city ordinance by this Ordinance will be rendered void and cause such 604/658 Page 5 of 7 previous Chino Hills Municipal Code provisions or other city ordinances to remain in full force and effect for all purposes. SECTION 14. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills’ book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. 605/658 Page 6 of 7 SECTION 15. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED AND ADOPTED this ______ day of ____________, 2019. CYNTHIA MORAN, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 606/658 Page 7 of 7 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. was duly introduced at a regular meeting held August 13, 2019; and adopted at a regular meeting of the City Council held on the 10th day of September, 2019 by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _____________________________________ CHERYL BALZ, CITY CLERK I hereby certify that the foregoing is the original of Ordinance No. duly passed and adopted by the Chino Hills City Council at their regular meeting held on September 10, 2019, and that summaries of the Ordinance were published on and in the Chino Hills Champion newspaper. _____________________________________ CHERYL BALZ, CITY CLERK 607/658 EXHIBIT A APPENDIX A REGULATION OF USES BY ZONING DISTRICT The following land use matrix provides a listing of those land uses which are permitted by right, are permitted as an Accessory Use, are subject to Conditional Use Permit review, are subject to Temporary Use Permit review, are subject to Minor Use Permit review, and prohibited within each of the City's zoning districts, with the exception of the Planned Development (PD) zoning district. Each PD zoning district may establish its own unique land use regulations regarding uses permitted by right, permitted accessory uses, and conditionally permitted uses in the final development plan. The following symbols are used to describe the relationship of the listed uses to each zoning district: "P" The use is permitted by right. "C" The use requires a Conditional Use Permit, subject to the specific requirements contained in Chapter 16.68. "A" The use is permitted as an accessory use only, subject to specific conditions outlined in the Development Code. "T" The use is permitted only as a temporary use, subject to the specific requirements contained in Chapter 16.40. "M" The use requires approval of a Minor Use Permit, subject to the specific requirements contained in Chapter 16.78. Uses not shown as Permitted, Accessory, Conditionally Permitted, requiring a Minor Use Permit or Temporary Use Permit are prohibited in the zoning district, unless the Community Development Director (Director) makes a determination pursuant to Section 16.79.015(C) that a proposed use, while not listed in the following table, closely corresponds to a listed use which is permitted by right or which is permitted subject to the granting of a Conditional Use Permit, a Minor Use Permit or Temporary Use Permit. Zoning Districts R-A Agriculture-Ranch R-R Rural Residential R-S Low Density Residential RM-1 Medium Density Residential RM-2 High Density Residential RM-3 Very High Density Residential C-N Neighborhood Commercial 608/658 • Page 2 of 8 Zoning Districts C-F Freeway Commercial MU Mixed Used C-O Commercial Office C-G General Commercial C-R Commercial Recreation BP Business Park LI Light Industrial I-1 Institutional - Private I-2 Institutional - Public PP Public Park OS-1 Private Open Space OS-2 Public Open Space 609/658 ■ -- - Page 3 of 8 LAND USE MATRIX Residential Commercial Industrial Institutional Mixed Use Park and Open Space R-A R-R R-S RM-1 RM-2 RM-3 C-N C-F C-G C-O C-R BP LI I-1 I-2 MU PP OS-1 OS-2 Agricultural / Animal Keeping Uses Animal Shelter (3,000 square feet or less) M M M Animal Shelter (3,001 square feet or larger) C Commercial Kennel C C* Conservation Land M M M Equestrian and Large Animal Keeping/Operations Reference CHMC Chapter 16.33 - Table 2 Equestrian and Large Animal Overlay District Permitted Uses and Animal Types Farming / Orchard (Commercial) M Horticulture Services M P P P Commercial Uses 24 Hour commercial business or a business operating between the hours of 2:00 a.m. and 4:00 a.m. M M M M M M M Adult Business C Alcoholic Beverage Offsite Sales in any store other than a supermarket or drug store (See Definitions, Chapter 16.02) C C C C C C Alcoholic Beverage Offsite Sales within a supermarket (See Definitions, Chapter 16.02) P P P P P P Alcoholic Beverage Onsite Sales as part of a non-age-restricted restaurant P P P P P P Alcoholic Beverage Onsite Sales in establishments open to persons over the legal drinking age exclusively, WITHIN 200 FEET to any residential zoning district and/or WITHIN 100 FEET from any on-site residential property line within a Mixed Use District. See Section 16.12.060 for additional requirements. Prohibited in all zoning districts 610/658 Page 4 of 8 Residential Commercial Industrial Institutional Mixed Use Park and Open Space R-A R-R R-S RM-1 RM-2 RM-3 C-N C-F C-G C-O C-R BP LI I-1 I-2 MU PP OS-1 OS-2 Alcoholic Beverage Onsite Sales in establishments open to persons over the legal drinking age exclusively, MORE THAN 200 FEET from any residential zoning district and MORE THAN 100 FEET from any on-site residential uses within a Mixed Use District. See Section 16.12.060 for additional requirements. C C C C C C Athletic, Fitness, or Health Facility (2,000 square feet or less) P P P P P P P Athletic, Fitness, or Health Facility (2,001 square feet or more) M M M M M M M Automobile Accessory Sales P P P P P Automobile Paint/Body/Repair Shop C C P P Automobile/Truck/Recreational Vehicle Dealers, New and Used C C C C Automobile/Truck/Recreational Vehicle Rentals – Onsite C C C C Automotive Tire Sales/Installation C P P Boarding House C C C Car Wash C C C C Christmas Tree/Halloween Sales T T T T T T T T T T T T Fuel Station C C C C General Retail P P P P P P Home Improvement Center P P Hotel, Motel C C C C Live Entertainment M M M M Massage Establishment C C C C C Micro-Brewery/Distillery/Winery (non-age restricted) M M M M M Micro-Brewery/Distillery/Winery establishments open to persons over the legal drinking age exclusively, WITHIN 200 FEET to any residential zoning district and/or WITHIN 100 FEET from Prohibited in all zoning districts 611/658 I I I I I I I I I I I I I I __J j I I I I Page 5 of 8 any on-site residential property line within a Mixed Use District. See Section 16.12.060 for additional requirements. Micro-Brewery/Distillery/Winery establishments open to persons over the legal drinking age exclusively, MORE THAN 200 FEET from any residential zoning district and MORE THAN 100 FEET from any on-site residential uses within a Mixed Use District. See Section 16.12.060 for additional requirements. C C C C C Nurseries - Retail C C Nurseries - Wholesale M Personal Services P P P P P P Commercial Drive-Thru C C C C C Tutoring/Music Instruction (2,000 square feet or less) P P P P Residential Commercial Industrial Institutional Mixed Use Park and Open Space R-A R-R R-S RM-1 RM-2 RM-3 C-N C-F C-G C-O C-R BP LI I-1 I-2 MU PP OS-1 OS-2 Tutoring/Music Instruction (2,001 square feet or more) M M M M Communication Uses Radio/Television Broadcasting Studio C C Radio/Television Recording Studio P P P Wireless Communications Facilities— Major Facilities C C C C C C C C C C C C C Wireless Communications Facilities— Major Modifications C C C C C C C C C C C C C C C C C C C Wireless Communications Facilities— Minor Facilities C C C C C C M M M M M M M M M M M M M Wireless Communications Facilities— Minor Modifications Subject to Zoning Clearance under CHMC Section 16.79 Industrial and Manufacturing Uses Breweries, distilleries, wineries P P General Manufacturing P P Warehouse C P 612/658 Page 6 of 8 Marijuana Establishment Prohibited in all zoning districts Marijuana-Related Activity Prohibited in all zoning districts Recycling Facilities (Commercial, more than 500 square feet) C C Recycling Facility (Collection Only, less than 500 square feet) M M M C C Self-storage C P Vehicle/Recreational Storage Facility C C Institutional and Assembly Uses Professional School M M M M M M Public Institution C C C C C P Auditoriums, Places of Public Assembly and Religious Institutions (excluding movie theaters) that provide for a gathering of 50 people or less as defined by the Building Code C C C C C C C C C C C P P P Residential Commercial Industrial Institutional Mixed Use Park and Open Space R-A R-R R-S RM-1 RM-2 RM-3 C-N C-F C-G C-O C-R BP LI I-1 I-2 MU PP OS-1 OS-2 Auditoriums, Places of Public Assembly and Religious Institutions (excluding movie theaters) that provide for a gathering of more than 50 people or more as defined by the Building Code C C C C C C C C C C C C C School/Education Institution K-12 Grades C C C C C C Medical Uses Hospital C C C C Hospital w/ emergency service C C Laboratories, Medical (Collection only) M M M Medical Clinic/Urgent Care P P P P Veterinary Hospital (Large Animal) C C Veterinary Hospital (Small Animal) C C P P P P Office Uses General Office P P P P P P P Medical Offices P P P P P P 613/658 Page 7 of 8 Recreation and Entertainment Uses Entertainment Center (indoor including bowling, billiard, skating, and similar uses) C C C C Entertainment Center (outdoor including miniature golf, skating, baseball stadium, and similar uses) C Game Courts, Private (badminton, tennis, racquetball, and similar uses) A A A A A A M Game Courts, Commercial (badminton, tennis, racquetball, batting cage, basketball and similar uses; operated as a commercial venture) M M M M Golf Course C Parks and Public Recreational Facilities P P Private Community Building A A A A A A C A Swimming Pool spa or similar recreational water facility; Private A A A A A A M Residential Commercial Industrial Institutional Mixed Use Park and Open Space R-A R-R R-S RM-1 RM-2 RM-3 C-N C-F C-G C-O C-R BP LI I-1 I-2 MU PP OS-1 OS-2 Swimming Pool, spa or similar recreational water facility : Public (indoor, operated as a commercial venture) M M M M Residential Uses Accessory Dwelling Unit A A A Accessory Efficiency Dwelling Unit A A A Duplex Dwelling Units P P P P Group Home (6 persons or fewer) P P P Live/Work Dwelling Unit P Mobile Home Park C C C Multi-Family Dwelling Units P P P P Single-family Dwelling Unit P P P P Single-Room Occupancy Units (SRO) C Supportive Housing (6 persons or fewer) P P P Supportive Housing (7 persons or more) M M M Transitional Housing (6 persons or P P P 614/658 Page 8 of 8 * Minimum of 5-acre Rural Residential CHINO HILLS MUNICIPAL CODE fewer) Transitional Housing (7 persons or more) M M M Supportive Uses Assisted Living/Nursing Facility C C P Day Care Facility, Commercial C C C C C C C C Day Care Home, Large Family (Conditions which can be imposed by the City are limited by State law.) M M M M M M Day Care Home, Small Family (Pursuant to HSC Sections 1596.803 and 1597.45, the City may not require a business license or home occupation permit for this use.) P P P P P P Emergency Shelter P 615/658 EXHIBIT B APPENDIX A REGULATION OF USES BY ZONING DISTRICT The following matrix provides a listing of those land uses which are permitted by right, are subject to Conditional Use Permit review, are subject to temporary use permit review, are permitted as an accessory use, and prohibited within each of the City's zoning districts, with the exception of the Planned Development (PD) zoning district. Each PD zoning district may establish its own unique land use regulations regarding uses permitted by right, permitted accessory uses, and conditionally permitted uses as set forth in Section 9.45.040 (Permitted Uses, Accessory Uses, Temporary Uses, and Conditional Uses) of Chapter 9.45. The following symbols are used to describe the relationship of the listed uses to each zoning district: "P" The use is permitted by right. "C" The use requires a Conditional Use Permit. "A" The use is permitted as an accessory use only, subject to specific conditions outlined in the Development Code. "T" The use is permitted only as a temporary use, subject to the specific conditions contained in Chapter 9.75. "S" The use requires approval of a site development plan. Uses not shown as Permitted, Conditionally Permitted, approval of a Site Development Plan, Accessory, or Temporary are prohibited in the zoning district, unless the Community Development Director makes a determination that a proposed use while not listed in the following table closely corresponds to a listed use which is permitted by right or which is permitted subject to the granting of a Conditional Use Permit. Zoning Districts R-A Agriculture-Ranch R-R Rural Residential R-S Low Density Residential RM-1 Medium Density Residential RM-2 High Density Residential 616/658 Page 2 of 22 RM-3 Very High Density Residential C-N Neighborhood Commercial C-F Freeway Commercial MU Mixed Used C-O Commercial Office C-G General Commercial C-R Commercial Recreation MU Mixed Use BP Business Park LI Light Industrial I-1 Institutional - Private I-2 Institutional - Public OS Recreation and Open Space APPENDIX A REGULATION OF USES BY ZONING DISTRICTS ZONING DISTRICT LAND USE R A R R R S R M 1 R M 2 R M 3 C N C F C G C O C R M U B P L I I - 1 I - 2 O S Accessory Dwelling Unit P P P Accessory Efficiency Dwelling Unit P P P Adult Business C 617/658 Page 3 of 22 Alcoholic Beverage Onsite Sales in establishments open to persons over the legal drinking age exclusively, 200 feet or closer to any residential zoning district and/or closer than 100 feet from any on-site residential use within a mixed use zoning district Prohibited in any zoning district Alcoholic Beverage Onsite Sales in establishments open to persons over the legal drinking age exclusively, more than 200 feet from any residential zoning district and more than 100 feet form any on-site residential uses within a Mixed Use zoning district C C C C C C Alcoholic Beverage Onsite Sales as part of a family (non-age-restricted) restaurant P P P P P P Alcoholic Beverage Offsite Sales within a supermarket or drug store (See Chapter 9.200) P P P P P P Alcoholic Beverage Offsite Sales in any store other than a supermarket or drug store (See Chapter 9.200) C C C C C C Ambulance Service P P Amusement Park C C C C Animal Keeping For the keeping of horses or large animals, see Chapter 16.33 Equestrian and Large Animal Overlay District TABLE 2 Equestrian and Large Animal Overlay District Permitted Uses and Animal Types Animal Shelter C C Antique Restoration P P P P Antique Sales (Refinished) P P P P P P 618/658 Page 4 of 22 Appliance Assembly P P Appliance Sales/Repairs (Household) P P P P P Appliance Sales/Repairs (Small Appl.) P P P P P Arcade C C C C C Art Gallery P P P P Art Supply Stores P P P P Athletic, Fitness, or Health Facility P C P P P N/ A* P P Auction House P P Audio/Visual Products Manufacture P P Auditoriums and Places of Public Assembly (not including movie theaters) that provide for a gathering of more than 50 people or more as defined in the Building Code C C C N/ A* C C C Auditoriums and Places of Public Assembly (not including movie theaters) that provide for a gathering of more than 50 people or fewer as defined in the Building Code C C C N/ A* C C C Automobile Accessory Sales and Installation (No overnight outside storage or parking; body work prohibited) C C C P P Automobile Body Repair C A C P P Automobile Brake Repair C A C P P Automobile/Truck Dealers, New and Used P P P P P Automobile, General Repair Garage (No C A C P P 619/658 Page 5 of 22 overnight outside storage or parking; body work prohibited) Automobile Lubrication/Tuneups C A C P P Automobile Muffler Shop C C P P Automobile Painting A P P Automobile Parts Assembly C C P P Automobile Radiator Shop C P P Automobile Rental with Vehicles On Site P P P P P Automobile Rental Office (no vehicles on site) P P P P P Automobile Service Station C C C P P Automobile Upholstering P P Automobile Wrecking Not permitted in any zoning district Bakery, Retail P P P P Bakery, Wholesale P Bakery Goods Distributor P P Bakery Thrift Store P P P P Baseball Stadium, Minor League C C C C C C Batting Cages, Indoor or Outdoor P C P P P P P Barber or Beauty Shop P P P P Beverage Production P P 620/658 Page 6 of 22 Bicycle Rentals P P P P P Bicycle Sales and Service P P P P Billiard Parlor, Family C C P P Billiard/Pool Hall C C C C Blueprinting and Photocopying P P P P P P Boarding House/Rooming House C C C Boat Repairs A P P Boat Sales P P P P Boat Storage P P Book Store P P P P P Bookbinding P P P P Bowling Alley C P P Building Materials Sales P P P P Building Materials Storage Yard P P Butcher Shop, Retail P P P P Candy/Confectionery Manufacturing P P P P Candy/Confectionery Sales, Retail P P P P Caretaker's Residence P P P P P Carnival, Circus, or Fair T T T T T T T T T 621/658 Page 7 of 22 Carpentry Shop with Onsite Sales P P P P Car Wash, Full Service C C C P Car Wash, Self Service C C C P Catering Service P P P P Cemetery Subject to Conditional Use Permit in any Zoning District Chiropractic/Physical Therapy Offices P P P P P Christmas Tree/Halloween Sales T T T T T T T T T T T T T City Maintenance and Storage Yard P P P Clothing Manufacture C C P P Clothing Rental P P P Clothing Sales P P P P P Coffee Roasting and Packaging - Retail P P P P P Coins (Collectable), Purchase and Sales P P P Cold Storage Plant P P Communications Equipment Building P P P P P C C C Conference or Convention Centers C C C C C C Construction Office T T T T T T T T T T T T T T T T T Convenience Market Without Sale of Alcoholic Beverages P P P P Contractor Equipment Sales/Rental P P 622/658 Page 8 of 22 Contractor Storage Yard C C Cosmetologist P P P P P Costume Rentals P P P Country Clubs S Dance Hall/Club C C C Dance Studio P P P P P Day Care Center C C C P C P P C P C C Day Care Facility, Adult C C C C C C C C C C C Day Care Home, Large Family (Conditions which can be imposed by the City are limited by State law.) S S S S S S Day Care Home, Small Family (Pursuant to HSC Sections 1596.803 and 1597.45, the City may not require a business license or home occupation permit for this use.) P P P P P P Delicatessen P P P P P P Department Store P P P Dependent Housing Discount Stores P P P P Distribution Facility P P Dressmaker P P P P Drug Abuse Recovery/Treatment Facility C C 623/658 Page 9 of 22 Drug Store (See also "Pharmacy") P P P P P Dry Cleaning Plant, Large-Scale Commercial Type P P Dry Cleaner, Storefront Type P P P P P Dwelling Unit, Live/Work P Dwelling Unit, Multiple Family P P P P Dwelling Unit, Single-Family P P P P Dwelling Unit, Two-Family (Duplex) P P P P Education Institution, Private C C C C C C Electricity Distribution and Transmission Substation (<5,000 SF) C C C C C C P P P P P P P P C Electricity Distribution and Transmission Substation (>5,001 SF) C C C C C C C C C Electronics Manufacturing and Assembly P P Emergency Shelter P Employment Agency P P P P P Engine Manufacturing P P Entertainment Centers C C C C Equestrian and Large Animal Keeping See Chapter 16.33 Equestrian and Large Animal Overlay District Table 2 Equestrian and Large Animal Overlay District Permitted Uses and Animal Types Equestrian and Large Animal Operations See Chapter 16.33 Equestrian and Large Animal Overlay District Table 2 Equestrian and Large Animal 624/658 Page 10 of 22 Overlay District Permitted Uses and Animal Types Equipment Sales and Rentals P P P Equipment Storage P P Feed and Grain Sales C P P P Financial Institutions P P P P P P P Floor Covering Sales P P P P Florist Shop P P P P A Food Processing P P Freight Terminals P Furniture Sales and/or Rental P P P P P Furniture Transfer and Storage P P Game Courts, Private (Badminton/Tennis/Racquetball/Other) A A A A A A Game Courts, Public (Operated as a commercial venture or as part of a larger non-residential development) P P A P P P P A Garage, Public P P P P Garden Equipment Sales and Service P P P P Garden Supply Sales P P P P Gas Distribution, Meter, and Control Station P P P 625/658 Page 11 of 22 Gift Shop P P P P P P P Glass Studio (Stained and others) P P P Golf Course and Clubhouse C C Golf Driving Range (not part of a course) P P P Government Offices P P P P P P P P Grocery Store, Retail P P P P Grocery Store, Wholesale P P P Group Home P P P P P P P P Gunsmith P P P P Hardware Store P P P P Health Food Store P P P P P Hobby Supply Shop P P P P P Home Improvement Center P P P Home Occupation (Subject to Code requirements) A A A A A A A Horses, Boarding and Raising as a Business (Subject to the Animal Ordinance Requirements) P C Horticultural Services P P P P Hospital C C C C Hotel P P P P 626/658 Page 12 of 22 Ice Cream Parlor P P P P P Ice, Retail Sales P P Impound Yard, Governmental P Impound/Temporary Vehicle Storage Yard C C C Indoor Recreational Activities See also "Outdoor Recreational Activities" C P P P C C C Interior Decorating Service P P P P P Janitorial Service P P P P P Jewelry Sales P P P P P Junk or Salvage Yard Not permitted in any zoning district Kennel C C C Laboratories, Chemical P P Laboratories, Medical P P P P P A Laboratories, Research P P P P P Laboratories, Testing P P P P P Laundromat P Laundry Service (See also, "Drycleaners, Storefront Type") P P P P 627/658 Page 13 of 22 Library, Public P P P P P P P Liquefied Petroleum Distribtn./Storage C C Lithographic Service P P P P Locksmith P P P P Lumber Yard P P P Machine Shop P P Machine and Tool Sales P P P P Machinery Storage Yard C C Manufactured Homes (includes mobile homes) as an Individual Unit Placed In a Residential Subdivision) P P P Manufactured Home Parks C C Marine Supply Stores P P P P Massage Establishment C C C C C C C Massage Practitioner P P P P P P P Massage Therapist P P P P P P P Medical/Dental Offices P P P P P P P Medical Equipment Sales P P P P P Marijuana Establishment Not permitted in any zoning district Marijuana-Related Activity Not permitted in any zoning district 628/658 Page 14 of 22 Metal Engraving (Trophy Shop or Sports Shop) P P P P Microwave Antenna/Tower C C C C C C C C C C C C C C C C Mini-Warehouse C C Mobile Home, Individual Unit Placed in Residential Subdivision See "Manufactured Homes" Mobile Home Park C C C Mobile Home Sales P P P Model Home T T T T T T Mortuary C P P Motel (50 or Fewer Rooms) P P Motorcycle Sales and Service P P P P Movie Theaters C C C C C Museum P P P P P P P P Music/Record Store P P P P P Newspaper Printer P P Newsstand P P P P P Nightclubs/Taverns/Bars See "Alcoholic Beverage Onsite Sales" C Nurseries - Retail A A P P P Nurseries - Wholesale A P P 629/658 Page 15 of 22 Office Equipment/Supplies, Sales of P P P P Oil Exploration, Drilling, and Production (Limited to areas with minimum lot size of 40 acres or larger) C Optical Products Manufacture P P P P Optical Products Sales P P P P P A Orthopedic Devices, Manufacturing P P P P Orthopedic Devices, Sales P P P P A Outdoor Commercial Patios, Encroaching into Setback C C C C S C C C Outdoor Recreational Activities C C C C C C C C Paint and Wallpaper Stores P P P P Paper Product Sales P P P Parcel Delivery Service P P P P P Parcel Delivery Terminals P P Parks and Public Recreational Facilities P P P P P P P P P P P P P P Pawnshop P P P Permanent Cosmetics P P P P P Pest Control Service P P P P Pet Grooming P A P P P 630/658 Page 16 of 22 Pet Shop P P P P Pharmaceuticals Manufacturing P P Pharmacy P P P P P P P P Photofinishing, Retail P P P P P Photographic Supplies, Sales P P P P P Photographic Studio P P P P P P Plastics Manufacturing P P Plastics Molding P P Plumbing Supply Yard P P Police/Sheriff Station P P P P P P Printing and Publishing P P P P Professional Administrative Office P P P P P P P Public Utility Service Yards P P P P Radio/Television Broadcasting Studio P P P P P Radio/Television Sales P P P P Radio/Television Recording Studio P P P P P Real Estate Office P P P P P Recording Studio P P P P Recreational Vehicle Storage C C 631/658 Page 17 of 22 Recycling Facilities, Commercial C C Recycling Facilities, Public (Collection Only) P P P C C Recreational Vehicle Park P P P Recreational Vehicle Sales P P P P Refrigeration Repair and Service P P P Religious Institution that provides for a gathering of more than 50 people as defined by the Building Code C C C C C C C C C C N/ A* C C C Religious Institution that provides for a gathering of 50 people or fewer as defined by the Building Code C C C C C C C C C C N/ A* P P P Residential Care Facility for Elderly P P P P P P C C P Restaurant, No Alcohol Sales P P P P P P P P Restaurant, With Alcohol Sales See "Alcoholic Beverage Onsite Sales" Restaurant, Drive-Through P P P S P Rubber Products Manufacture (except tires) P P Sand and Gravel Pit Prohibited in any zoning district Sanitary Landfill Prohibited in any zoning district Sash and Door Manufacturing P P Scale, Public P P Scientific Instruments Manufacturing P P P P 632/658 Page 18 of 22 Scientific Instruments Sales P P P P P Secondhand Store P P P Sewage Treatment Plant P C Sheet Metal Shop P P Shoe Repair/Sales P P P P Shooting Range, Indoor P P P P C Shooting Range, Outdoor P P P Sign Manufacturing P P P P Silk Screen Shop P P P P Single-Room Occupancy Units (SRO) C Skating Rink P P P P P Skilled Nursing Facility C C C C C C P P P Specialty Food Store P Sporting Goods Sales P P P P P Stadium, Baseball/Football/Soccer C C C C Stationery Sales P P P P P P Stone Monuments and Tombstone Manufacture P P Supportive Housing P P P P P P Swap Meet T T T T Swimming Pool, Private A A A A A A 633/658 Page 19 of 22 Swimming Pool, Public P P P P Tailor Shop P P P P P Tattoo Studio (Body Art) C Taxidermist P P P P Telecommuting Center C C C P P P P P P P P C Telephone Answering Service P P P P P Telephone Repeater Stations C C C C C C P P P P P P C C C Tile Sales P P P Toiletries Manufacturing P P Toy Stores P P P P Transfer, Moving, and Storage P P Transitional Housing P P P P P P Transportation Terminals and Stations P Truck Repair P P Truck Stop C Truck Storage P Upholstery Shop P P P P P 634/658 Page 20 of 22 Vending Machine Sales and Service P P P P Veterinarian/Veterinary Hospital C C P P P P Warehouse P P Watch Manufacture P P P P Watch Repair P P P P Welding Shop P P Wire Fabrication P P Wireless Communications Facilities—Major Facilities C C C C C C C C C C C Wireless Communications Facilities—Major Modifications C C C C C C C C C C C C C C C C C Wireless Communications Facilities—Minor Facilities C C C C C C S S S S S S S S S S S Wireless Communications Facilities—Minor Modifications S S S S S S S S S S S S S S S S S Wood Products Manufacturing P P Wineries (Note: "Tasting Rooms" within wineries are subject to the "Alcoholic Beverage Sales" requirements of this Code) C C P P Reserved 635/658 Page 21 of 22 Key: P = Use permitted by right, subject to the requirements of this code and other city ordinances and codes. C = Use requirements conditional use permit. S = Requires site plan approval. A = Use permitted as accessory use only. T = Use permitted as temporary use only. N/A* = No designation was assigned for the MU zone as this zone was omitted from Ordinance No. 292 in error. Uses not shown above as permitted, conditionally permitted, site plan approval, accessory, or temporary are prohibited in the zoning district. Zoning Districts: RA - Agriculture/Ranches CO - Commercial/ Office RR - Rural Residential CR - Commercial Recreation RS - Low Density Residential MU - Mixed Use RM1 - Medium Density Residential BP - Business Park RM2 - High Density Residential LI - Light Industrial RM3 - Very High Density Residential I-1 - Institutional/Private CN - Neighborhood Commercial I-2 - Institutional/Public CF - Freeway Commercial OS - Open Space 636/658 Page 22 of 22 CG - General Commercial (Ord. 124 § 3, 2000; Ord. 106, Exh. 1, 1998) (Ord. No. 230, § 8, 11-24-2009; Ord. No. 238, § 3(c), 7-13-2010; Ord. No. 251, § 2, 1-24-2012; Ord. No. 255, § 3(h), 8-28-2012; Ord. No. 261, § 3(n), 1-8-2013; Ord. No. 262, § 3(k), 4-23- 2013; Ord. No. 270, § 3.B, 4-8-2014; Ord. No. 273, § 3(c), 7-22-2014; Ord. No. 275, § 6, 9-23- 2014; Ord. No. 284, § 11, 5-12-2015; Ord. No. 285, § 9, 6-9-2015; Ord. No. 292, § 23, 11-24- 2015; Ord. No. 299, § 9, 6-14-2016; Ord. No. 302, §§ 4, 5, 11-8-2016; Ord. No. 307, § 5, 2-28- 2017; Ord. No. 321, § 10, 11-28-2017) CHINO HILLS DEVELOPMENT CODE 637/658 Chapter 16.78 – MINOR USE PERMITS Sections: 16.78.010 - Purpose. The City recognizes that certain uses due to their location or characteristics require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or, through the imposition of development and use conditions, can be made compatible with surrounding uses. The Minor Use Permit is provided for this purpose. Applications for Minor Use Permits may be submitted only for those uses specified as such in the applicable zoning district in “Appendix A: Regulation of Uses by Zoning District”, unless the Director of Community Development (Director) makes a determination that a proposed use while not listed in Appendix A closely corresponds to a listed use which is permitted by Minor Use Permit. Uses that require a Minor Use Permit are regarded as having a relatively low potential for adverse impacts on the subject site or surrounding community due to the nature or magnitude of the use. A Minor Use Permit may be granted at the discretion of the Director pursuant to the criteria set forth in this Chapter and is not the automatic right of any applicant. 16.78.020 – Applications requirements Each applicant for a Minor Use Permit shall submit the following to the Community Development Department: A. A completed application on a form prescribed by the Director or designee; B. The name and address of the applicant with evidence that he or she is the owner of the parcel involved or that he or she has the permission of the owner to make such application; C. A legal description of the subject parcel or premises; D. Copies of plot plans in the number specified by the Community Development Department; E. A written statement explaining the requested use and related improvements; and F. Any other information as may be required by the Director or designee. 16.78.030 - Proceedings Minor Use Permits shall be acted upon at a public hearing conducted by the Director or his or her designee. A. Review of Application. An application shall be filed pursuant to the provisions of Section 16.58.020 of this Municipal Code. Upon acceptance of a Minor Use Permit application as complete by the Planning Project Manager EXHIBIT C 638/658 Page 2 of 3 2 (Community Development Department staff member responsible for managing the application), the Director or designee shall schedule the matter for a public hearing pursuant to the provisions of Chapter 16.58 (Administrative Procedures) of this Municipal Code. Notice of the public hearing on all Minor Use Permit applications shall be provided as set forth in Section 16.58.040 (Notice of public hearings). The Director shall or designee shall review the proposed plans under all applicable regulations and guidelines set forth in the Chino Hills Municipal Code. B. Determination. The Director or designee shall have the authority to approve, conditionally approve, or deny the application for a Minor Use Permit in accordance with the provisions of this chapter and subject to the requirements of the Chino Hills Municipal Code. As a condition of approval, the Director or designee may impose additional requirements as deemed reasonable and necessary to ensure compliance with this Municipal Code; the General Plan; and to protect the public health, safety, and general welfare. The determination shall recite, among other things, the facts and reasons for granting or denying the Minor Use Permit. If the Minor Use Permit is granted, the determination shall recite the conditions and limitations imposed, if any. C. Referral. The Director or designee may, at his or her discretion, refer the Minor Use Permit to the Planning Commission for review and approval. In this case, the Planning Commission shall have the authority to approve, conditionally approve or deny the application. 16.78.040 - Basis for approval or denial of a Minor Use Permit A Minor Use Permit may be approved, with or without conditions, only if the reviewing authority first finds: A. That the proposed use is consistent with the General Plan and any applicable Specific Plan; B. That the site is of adequate size and shape to accommodate the proposed use and its corresponding improvements; C. That the proposed use will not have significant adverse effects on surrounding land uses and other permitted uses of the area in which it is proposed to be located; D. That the establishment, maintenance, or operation of the proposed use and its corresponding improvement(s) at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use; and E. That the proposed use and improvement(s) comply with all applicable development standards of the zoning district. 16.78.050 – Revocation or Modification 639/658 Page 3 of 3 3 A. The applicant shall comply with all conditions of the Minor Use Permit. If such co nditions are not met, the Planning Commission may hold a public hearing in the same manner as set forth in Section 2.36.070 of the Chino Hills Municipal Code to determine if the Minor Use Permit should be revoked or modified. Upon the revocation of a Minor Use Permit, the further use of the property or structure on such property by authority of such permit shall constitute a violation of this chapter. Alternatively, upon the modification of the Minor Use Permit, the use of the property or structure on such property in a manner that is inconsistent with the approved modification of such permit shall constitute a violation of this chapter. B. The process for amending a Minor Use Permit shall be the same as the process for approving a Minor Use Permit except that the decision-maker for such amended Minor Use Permit shall be the same decision-maker that ultimately approved the Minor Use Permit including any approval on appeal or by referral. 16.78.060 - Time limits Any Minor Use Permit that is not used within the time specified in the grant of approval or, if no time is specified, within one year of the effective date of such approval, will expire at the end of that period. The Director or designee may extend such approval for a period of time not to exceed one year, provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section, "used" means the commencement of construction activity or any activity authorized by the approval. 16.78.070 - Finality of Director's decision and effective date. The decision of the Director, or Planning Commission upon referral, shall become effective immediately after the appeal period has expired. If an appeal is filed, the decision shall be suspended during the pendency of the appeal. 16.78.080 - Appeal Any decision by the Director or designee may be appealed to the Chino Hills Planning Commission in accordance with Section 16.58.060 of the Chino Hills Municipal Code. 640/658 EXHIBIT D Chapter 16.78 - SITE DEVELOPMENT PERMITS Sections: 16.78.010 - Purpose. The purpose of a site development permit is to provide for administrative review and approval of detailed plans for a proposed use. Uses which require a site development permit are regarded as having a relatively low potential for adverse impacts on the subject site or surrounding community due to the nature or magnitude of the use. A site development permit may be granted at the discretion at the Director of Community Development or his or her designee and is not the automatic right of any applicant. (Ord. 94 § 2 (part), 1997) 16.78.020 - Applications. Each applicant for a site development permit shall submit the following to the Planning Division: A.A completed application on a form prescribed by the Director of Community Development (Director) or his or her designee; and B.The name and address of the applicant with evidence that he or she is the owner of the parcel involved or that he or she has the permission of the owner to make such application; and C.A legal description of the subject parcel or premises if requested by the Director; and D.Copies of plot plans in the number specified by the Planning Division; and E.An application fee equal to the amount charged for filing a Site Plan application in accordance with Section 16.58.030 of the Chino Hills Development Code and as established by resolution of the City Council; and F.A written statement explaining that the requested use will not cause negative impacts ; endanger or otherwise imperil the public health, safety, or general welfare; and will not be materially detrimental to the property of other persons located in the vicinity of the proposed use; and G.Any other information as may be required by the Community Development Department. (Ord. 94 § 2 (part), 1997) 16.78.030 - Processing. Site development permits shall be acted upon administratively by the Director or designee. A public hearing shall not be required. A.Review of Application. An application shall be filed pursuant to the provisions of Section 16.58.020 of this Development Code. Upon acceptance of a site development permit application as complete, the Director of Community Development or his or her designee shall review the proposed plans under all applicable regulations and guidelines set forth in the Chino Hills Development Code. The Director of Community Development or his or her designee shall not authorize or approve a site development permit for a land use that is less restrictive than the mandatory requirements set forth in the Development Code. Discretionary guidelines expressed therein may be used by the Director or his or her designee to determine the approval, denial, or conditional approval of the permit. Establishment, maintenanc e, and operation of the use or uses proposed by the application shall be in compliance at all times with the information and specifications shown on the approved site development permit, regulations set forth in the Chino Hills Development Code, and all other laws of the City of Chino Hills, the State of California, and the United States of America. 641/658 Page 2 of 3 B.Determination. The Director or designee shall have the authority to approve, conditionally approve, or deny the application for a site development permit in accordance with the provisions of this chapter and subject to the requirements of the Chino Hills Development Code. As a condition of approval, the Director or designee may impose additional requirements as deemed reasonable and necessary to ensure compliance with this Development Code; the General Plan; and the public health, safety, and general welfare. C.Referral. The Director or designee may, at his or her discretion, refer the site development permit to the Planning Commission for review and approval. In this case, the Planning Commission shall have the authority to approve, deny, or conditionally ap prove the application. (Ord. 94 § 2 (part), 1997) (Ord. No. 261, § 3(l), 1-8-2013) 16.78.040 - Findings. The following findings shall be made prior to the approval of any site development permit: A.That the requested site development permit will not adversely affect the purpose and intent of this chapter, and the proposed use is consistent with the General Plan; and B.That the proposed use, activity, and/or improvement(s) are consistent with the provisions of the Development Code for the City; and C.That the proposed use will not have significant adverse effects on adjoining land uses and other permitted uses of the area in which it is proposed to be located; and D.That the approval of the permit application is in compliance with the requirem ents of the California Environmental Quality Act; and E.That the application will not result in conditions or circumstances contrary to the public health, safety, and general welfare of the City. (Ord. 94 § 2 (part), 1997) 16.78.050 - Authorization. A.A site development permit provides authorization for a precise plan of development. Any substantial change from the original Site Plan and/or design plans shall be submitted to the Planning Division under reapplication for a site development permit. No modification to the Site Plan and/or design plans or the conditions of the approval for a site development permit shall be permitted without the approval of the Director of Community Development or his or her designee. B.The applicant shall comply with any restriction or condition required by the Director of Community Development or his or her designee, or by the Planning Commission on appeal, in the granting of a site development permit. If such conditions are not met, the Planning Commission may hold a public hearing in the same manner as set forth in Section 2.36.070 of the Chino Hills Development Code to determine if the site development permit should be revoked or modified. Upon the revocation of a site development permit, the further use of the property or structure on such property by authority of such permit shall constitute a violation of this chapter. C.All acts of the Director of Community Development or his or her designee shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this chapter shall apply in individual cases, and shall not be construed as amendments to the provisions of this chapter, the Development Code, or to the official Zoning Map. 642/658 Page 3 of 3 (Ord. 94 § 2 (part), 1997) 16.78.060 - Time limits. A.Use of Site Development Permit. Any site development permit which is not used within the time specified in the grant of approval or, if no time is specified, within one year of the effective date of such approval, expires at the end of that period. The Community Development Director or his or her designee may extend such approval for a period of time not to exceed one year, provided an application requesting the extension is filed prior to the original extension date. For purposes of th is section "used" means the commencement of construction activity or any activity authorized by the grant. B.[Expiration; Appeal.] Any applicant disputing the expiration of any site development permit under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.78.080 of this Code. (Ord. 94 § 2 (part), 1997) (Ord. No. 252, § 3(h), (i), 1-24-2012) 16.78.070 - Finality of Director's decision and effective date. The decision of the Director of Community Development or his or her designee is considered final on the date that the determination is issued. The decision shall become effective immediately unless an appeal has been filed pursuant to Section 16.78.080 of this chapter. (Ord. 94 § 2 (part), 1997) 16.78.080 - Appeal. Any decision by the Director of Community Development or his or her designee may be appealed to the Chino Hills Planning Commission in accordance with Section 16.58.060 of the Chino Hills Development Code. (Ord. 94 § 2 (part), 1997) 16.78.090 - Reservation of right to review site development permit—Changed circumstances. Any site development permit granted or approved under this chapter shall be granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the bu siness, a change in scope, emphasis, size, or nature of the business, or the expansion, alteration, reconfiguration, or change of use. The reservation of right to review any permit granted or approved under this chapter by the City, its Planning Commission, and City Council is in addition to, and not in -lieu-of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. (Ord. 94 § 2 (part), 1997) 643/658 EXHIBIT E Chapter 16.79 – ZONING CLEARANCE Sections: 16.79.010 - Purpose. The purpose of a Zoning Clearance is to provide for administrative review and approval of a proposed modification to an approved use or development. A Zoninge Clearance is a ministerial permit that is used by the department to verifiesy that a proposed structure or land use activity complies with the list of permitted activities allowed in the applicable zoning district, the applicable development standards of this Development Code applicable to each type of use, and any conditions of approval of permits previously issued for the subject site. A Zoning Clearance shall may be granted by the Director of Community Development (Director) subject to the provisions of this Chapter.Section. 16.79.015 - Applicability A.When Required. A Zoning Clearance shall be required under the following circumstances:as part of the Community Development Department’s review of a proposed change to a n approved use and/or a physical alteration of a structuredevelopment including but not limited to the following as follows: 1.An application for a new Certificate of Occupancy pursuant to Chapter 15.04 of the Development is cCode for a property which has an existing Minor Use Permit or Conditional Use Permit. However, the Zoning Clearance shall be denied iIf the requested Certificate Of Occupancy proposes any modification to the Minor Use Permit or Conditional Use Permit is found to be required, and the modification shall instead be processed as an amendment to such permit as required in the Developmentis Ccode; 2.A minor modification to an approved development City approvedplan for an approved Site Plan or Design Review that is consistent with applicable development standards of the Development Code and (a) does not increase the size of the structuredevelopment by more than five (5) percent or 250 square feet (whichever is less) over the original approved plans, or (b) is a modification to the external appearance such that it substantially compliesnforms with the approved development plan; 3.A minor modification to the exterior appearance of an approved development that substantially conforms to the approved development plan 4.A change of business use within a commercial center which was approved with reduced parking through a shared parking study or other mechanaism; 644/658 Page 2 of 4 2 5.Minor modifications to existing wireless facilities pursuant to Section 16.44.060; 6.New or modified outdoor commercial dining patio area. B.When Optional. A Zoning Clearance is not required but may be issued at the request of an applicant for proposed improvements such as a fence under six feet or any other structure that does not require a building permit or any other permit issued pursuant to other item regulated by the Developmentis Ccode. C. Use Determination. Pursuant to Appendix A, a Zoning Clearance application shall be required for uses not shown as Permitted, Accessory, Conditionally Permitted, requiring a Minor Use Permit or Temporary Use Permit, for a determination that a proposed use, while not listed in Appendix A Land Use Matrix, closely corresponds to a listed use which is permitted by right or which is permitted subject to the granting of a Conditional Use Permit, a Minor Use Permit or Temporary Use Permit. If a determination is made that a proposed use is similar to a listed use that requires a Minor Use Permit, Temporary Use Permit or Conditional Use Permit, an application the corresponding permit required for that use permit shall be required processed as required in this code. 16.79.020 – Applications requirements Each applicant for a Zoning Clearance shall submit the following to the Community Development Department: A.An application shall be filed pursuant to the provisions of Chapter 16.58 of this Development Code; B.The name and address of the applicant with evidence that he or she is the owner of the parcel involved or that he or she has the permission of the owner to make such application; C.A legal description of the subject parcel or premises; D.Copies of plot plans in the number specified by the Community Development Department; E.A written statement explaining the requested change in use and/or physical alteration of a structurerelated improvements; and F.Any other information as may be required by the Director or designee. 16.79.030 - Proceedings. A Zoning Clearance shall be acted upon administratively by the Director. A public hearing shall not be required. A.Review of Application. An application shall be filed pursuant to the provisions of Section 16.58.020 of this Municipal Code. Upon acceptance of a Zoning Clearance application as complete, the Director shall review the proposed 645/658 Page 3 of 4 3 plans or modification to determine compliance with the existing approved plans or permits for the property, and all applicable development standards regulations and guidelines set forth in the Chino Hills Municipa lDevelopment Code and, if applicable, the existing approved plans or permits for the property.. A Zoning Clearance shall only be approved if the proposed modification meet the findings outlined in this Chapter under Section 16.79.040. B.Determination. The Director shall have the authority to approve or deny the application for a Zoning Clearance in accordance with the provisions of this chapter and subject to the requirements of the Development Chino Hills Municipal Code. As a condition of approval, the Director may impose additional requirements as deemed reasonable and necessary to ensure compliance with this DevelopmentMunicipa l Code. The Determination shall recite, among other things, the facts and reasons for granting or denying the Zoning Clearance. If the Zoning Clearance is granted, the Determination shall recite the conditions and limitations imposed, if any. C.Referral. The Director may, at his or her discretion, refer the Zoning Clearance to the Planning Commission for review and approval. In this case, the Planning Commission shall have the authority to approve, conditionally approve or deny the application. 16.79.040 - Basis for approval or denial of a Zoning Clearance A Zoning Clearance shallmay be approved, with or without conditions, only if the reviewing authority first finds that a proposed structure or land use activity complies with the list of permitted activities allowed in the applicable zoning district, the applicable development standards set forth in the Development Code, and any conditions of approval of permits previously issued for the subject sitethe proposed modification substantially complies with the existing approved plans or permits for the property, and all applicable regulations and guidelines set forth in this code. 16.79.060 - Time limits Any Zoning Clearance that is not used within the time specified in the grant of approval or, if no time is specified, within one year of the effective date of such approval, will expire at the end of that period. The Director may extend such approval for a period of time not to exceed one year, provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section, "used" means the commencement of construction activity or any activity authorized by the approval. 16.79.070 - Finality of Director's decision and effective date. AThe Zoning Clearance decision of the Director, or Planning Commission upon referral, shall become effective after the appeal period has expiredimmediately unless an appeal has been filed pursuant to Section 16.79.080 of this chapter. If an appeal is timely filed, then the Zoning Clearance decision shall be suspended during the pendency of the appeal. 646/658 ----------- -- Page 4 of 4 4 16.79.080 - Appeal Any decision by the Director granting or denying a Zoning Clearance may be appealed to the Chino Hills Planning Commission in accordance with Section 16.58.060 of the DevelopmentChino Hills Municipal Code. 647/658 Chapter 16.79 – ZONING CLEARANCE Sections: 16.79.010 - Purpose. A Zoning Clearance is a ministerial permit that verifies that a proposed structure or land use activity complies with the list of permitted activities allowed in the applicable zoning district, the applicable development standards of this Development Code, and any conditions of approval of permits previously issued for the subject site. A Zoning Clearance shall be granted by the Director of Community Development (Director) subject to the provisions of this Chapter. 16.79.015 - Applicability A. When Required. A Zoning Clearance shall be required under the following circumstances: 1. An application for a new Certificate of Occupancy pursuant to Chapter 15.04 of the Development Code for a property which has an existing Minor Use Permit or Conditional Use Permit. However, the Zoning Clearance shall be denied if the requested Certificate Of Occupancy proposes any modification to the Minor Use Permit or Conditional Use Permit, and the modification shall instead be processed as an amendment to such permit as required in the Development Code; 2. A modification to a City approved Site Plan or Design Review that is consistent with applicable development standards of the Development Code and (a) does not increase the size of the structure by more than five (5) percent or 250 square feet (whichever is less) over the original approved plan, or (b) is a modification to the external appearance that substantially complies with the approved plan; 4. A change of business use within a commercial center which was approved with reduced parking through a shared parking study or other mechanism; 5. Minor modifications to existing wireless facilities pursuant to Section 16.44.060; 6. New or modified outdoor commercial dining patio area. B. When Optional. A Zoning Clearance is not required but may be issued at the request of an applicant for proposed improvements such as a fence under six feet in height or any other structure that does not require a building permit or any other permit issued pursuant to the Development Code. C. Use Determination. Pursuant to Appendix A, a Zoning Clearance application shall be required for uses not shown as Permitted, Accessory, Conditionally Permitted, requiring a Minor Use Permit or Temporary Use Permit, for a determination that a proposed use, while not listed in Appendix A Land Use Matrix, closely corresponds to a listed use which is permitted by right or which is permitted subject to the EXHIBIT F 648/658 Page 2of 3 2 granting of a Conditional Use Permit, a Minor Use Permit or Temporary Use Permit. If a determination is made that a proposed use is similar to a listed use that requires a Minor Use Permit, Temporary Use Permit or Conditional Use Permit, the corresponding permit required for that use permit shall be required. 16.79.020 – Applications requirements Each applicant for a Zoning Clearance shall submit the following to the Community Development Department: A. An application shall be filed pursuant to the provisions of Chapter 16.58 of this Development Code; B. The name and address of the applicant with evidence that he or she is the owner of the parcel involved or that he or she has the permission of the owner to make such application; C. A legal description of the subject parcel or premises; D. Copies of plot plans in the number specified by the Community Development Department; E. A written statement explaining the requested change in use and/or physical alteration of a structure; and F. Any other information as may be required by the Director or designee. 16.79.030 - Proceedings. A Zoning Clearance shall be acted upon administratively by the Director. A public hearing shall not be required. A. Review of Application. Upon acceptance of a Zoning Clearance application as complete, the Director shall review the proposed plans or modification to determine compliance with all applicable development standards in the Development Code and, if applicable, the existing approved plans or permits for the property.. A Zoning Clearance shall only be approved if the proposed modification meet the findings outlined in this Chapter under Section 16.79.040. B. Determination. The Director shall have the authority to approve or deny the application for a Zoning Clearance in accordance with the provisions of this chapter and subject to the requirements of the Development Code. As a condition of approval, the Director may impose additional requirements as deemed reasonable and necessary to ensure compliance with this Development Code. The Determination shall recite, among other things, the facts and reasons for granting or denying the Zoning Clearance. If the Zoning Clearance is granted, the Determination shall recite the conditions and limitations imposed, if any. 649/658 Page 3of 3 3 C. Referral. The Director may, at his or her discretion, refer the Zoning Clearance to the Planning Commission for review and approval. In this case, the Planning Commission shall have the authority to approve, conditionally approve or deny the application. 16.79.040 - Basis for approval or denial of a Zoning Clearance A Zoning Clearance shall be approved, with or without conditions, if the reviewing authority finds that a proposed structure or land use activity complies with the list of permitted activities allowed in the applicable zoning district, the applicable development standards set forth in the Development Code, and any conditions of approval of permits previously issued for the subject site. 16.79.060 - Time limits Any Zoning Clearance that is not used within the time specified in the grant of approval or, if no time is specified, within one year of the effective date of such approval, will expire at the end of that period. The Director may extend such approval for a period of time not to exceed one year, provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section, "used" means the commencement of construction activity or any activity authorized by the approval. 16.79.070 - Finality of Director's decision and effective date. A Zoning Clearance shall become effective after the appeal period has expired. If an appeal is timely filed, then the Zoning Clearance shall be suspended during the pendency of the appeal. 16.79.080 - Appeal Any decision by the Director granting or denying a Zoning Clearance may be appealed to the Chino Hills Planning Commission in accordance with Section 16.58.060 of the Development Code. 650/658 16.58.010 - General procedures. A. Introduction. This chapter establishes the regulations for the effective and efficient implementation of Title 16 of the Chino Hills Municipal Code (or Development Code). This chapter contains the procedures for discretionary review of development applications, criteria for acceptance of applications for discretionary actions, standards for processing of applications, and requirements for the notice and conduct of public hearings. The provisions of this chapter, used in combination with the provisions of the Development Code, provide for a system of development review that is open to the public and responsive to the needs of the community. B. Types of Review Procedures in Effect in Chino Hills. Table 100-1 outlines the types of review procedures in effect in Chino Hills. C. Authorized Decision-Makers. The following are authorized to make decisions pursuant to Title 16 of the Municipal Code as follows: 1. City Council. The City Council shall be responsible for the decisions listed in Table 100-1. 2. Planning Commission. The Planning Commission shall be responsible for the decisions listed in Table 100-1. 3. Community Development Director. The Community Development Director shall be responsible for the decisions listed in Table 100-1. Exhibit "B" Table 100-1 Type of Action Community Development Director: Planning Commission: City Council: Action Taken to PRC for Advisem ent Only Author ity to Appro ve or Deny Public Hearin g Requir ed Advisory to Planning Commiss ion Only Author ity to Appro ve or Deny Advis ory to City Counc il Only Public Hearin g Requir ed Author ity to Appro ve or Deny Public Hearin g Requir ed Tentative Tract/Parcel Maps ■ ■ ■ ■ Final Subdivision Map for Recordation ■ 651/658 1111 -I -■ Page 2 of 6 Type of Action Community Development Director: Planning Commission: City Council: Action Taken to PRC for Advisem ent Only Author ity to Appro ve or Deny Public Hearin g Requir ed Advisory to Planning Commiss ion Only Author ity to Appro ve or Deny Advis ory to City Counc il Only Public Hearin g Requir ed Author ity to Appro ve or Deny Public Hearin g Requir ed (Note: Final Maps are processed through the Community Development Department) Reversion to Acreage ■■ ■ Lot Line Adjustments (Note: Lot Line Adjustments are processed through the Engineering Department) ■ Lot or Parcel Merger (Note: Lot or Parcel Mergers are processed through the Engineering Department) ■ Extension of Time for ■ ■ ■ ■ 652/658 1111 -I -I Page 3 of 6 Type of Action Community Development Director: Planning Commission: City Council: Action Taken to PRC for Advisem ent Only Author ity to Appro ve or Deny Public Hearin g Requir ed Advisory to Planning Commiss ion Only Author ity to Appro ve or Deny Advis ory to City Counc il Only Public Hearin g Requir ed Author ity to Appro ve or Deny Public Hearin g Requir ed Tentative Maps, Site Plan Reviews, and Conditional Use Permits (Note: The decision- making body with authority over an extension request is the same body which initially approved the map) Certificate of Land Use Compliance ■ Minor Variance ■ Major Variance ■ ■ ■ ■ Minor Use Permit ■■ Planned Developments: Preliminary ■■■■■■ 653/658 1111 -I -I -I I - Page 4 of 6 Type of Action Community Development Director: Planning Commission: City Council: Action Taken to PRC for Advisem ent Only Author ity to Appro ve or Deny Public Hearin g Requir ed Advisory to Planning Commiss ion Only Author ity to Appro ve or Deny Advis ory to City Counc il Only Public Hearin g Requir ed Author ity to Appro ve or Deny Public Hearin g Requir ed Development Plan Planned Developments: Final Development Plan ■■■■ Zoning Clearance ■ Equestrian and Large Animal Business Permit/Use Permit ■ ■ Conditional Use Permit ■ ■ ■ ■ Site Plan Approval ■ ■ ■ ■ Temporary Use Permit ■ Development Code Amendment/Ch ■ ■ ■ ■ ■ ■ 654/658 1111 -I -I ' --I --I -I --- Page 5 of 6 Type of Action Community Development Director: Planning Commission: City Council: Action Taken to PRC for Advisem ent Only Author ity to Appro ve or Deny Public Hearin g Requir ed Advisory to Planning Commiss ion Only Author ity to Appro ve or Deny Advis ory to City Counc il Only Public Hearin g Requir ed Author ity to Appro ve or Deny Public Hearin g Requir ed ange of Zone Specific Plans and Specific Plan Amendments ■ ■ ■ ■ ■ ■ General Plan Amendments ■ ■ ■ ■ ■ ■ CEQA: Negative Declarations and EIRs CEQA documents are approved/certified by the decision-making body having the authority on the proposed project, as defined in this section. Residential Design Review ■ ■ Agricultural Preserves and Amendments ■ ■ ■ ■ ■ ■ Notes: * All land use decisions which require a legislative act as part of any portion of the land use decision prior to their approval or denial shall be automatically referred to the City Council as a whole for final action following a recommendation from the decision-making body with discretionary authority over the non-legislative actions(s). 655/658 1111 -I -I Page 6 of 6 * The function of the Project Review Committee (PRC)is limited to providing advice to the Community Development Director. PRC members will typically suggest proposed conditions of approval; the PRC does not have approval authority for any type of application. * All decisions of the Community Development Director may be appealed to the Planning Commission. * All decisions of the Planning Commission may be appealed to the City Council. * The function of the Project Review Committee (PRC) is limited to providing advice to the Community Development Director. PRC members will typically suggest proposed conditions of approval; the PRC does not have approval authority for any type of application. (Ord. 112 § 14, 1998; Ord. 68 § 9.100.010, 1995) (Ord. No. 265, § 3(e), 8-27-2013) 656/658 From:Raymond Chae To:Michael Hofflinger Subject:Letter the the city council regarding re-zoning for veterinary use at Soquel Canyon Square in south Chino Hills Date:Monday, August 05, 2019 5:14:31 PM Hi Michael, Below is the letter to the City Council Members regarding the re-zoning for veterinary use. Thank you for your assistance. Sincerely, Raymond Chae Dear City Council Members, My name is Dr. Raymond Chae and I am writing to you because I am interested in establishing a small animal non- overnight veterinary hospital at Soquel Canyon Square located at the corner of Butterfield Ranch Road and Soquel Canyon Parkway in south Chino Hills. Currently, however, this is not possible because the Soquel Canyon Square (the plaza in question) is zoned for “Mixed Use” due to the fact that it shares a parking lot with a housing complex. When enquired about the restriction against veterinary services use at the City of Chino Hills Planning Department, I was told that “Mixed Use” zoning is to promote community integration and social environment, which does not fit with veterinary services at that location. However, I believe establishing a veterinary hospital at this location would not only be inline with the “Mixed Use” zoning criteria, but even a better fit than the current occupant at this location. Initially, it may seem that a veterinary hospital would not be an ideal fit for the “Mixed Use” zoning ethos. However, Soquel Canyon Square currently has a dental office as an occupant. If “Mixed Use” zoning is to promote community socialization through cafes and eateries, a dental office would certainly be out of place. Most dental visit requires the use of local anesthesia, drilling of tooth/teeth, or even extractions. After immediately leaving a dental visit, consumption of hot/cold beverage or food would not be recommended to a patient leaving a dental office. However, pet owners would be the opposite and be inclined to visit the cafes and eateries with their pets before and/or after their visit to the hospital. Currently, Soquel Canyon Square is a small “strip mall” with 2 to 3 beverage and eatery establishments with few vacant spaces. The location has open outdoor seating for customers to relax and socialize while enjoying the weather. This outdoor seating area is an ideal space for pet owners to enjoy their beverages or meals with their pets, friends, and/or friends with pets. Furthermore, if a veterinary hospital was situated there, clients visiting the hospital can also enjoy the space with their pets while waiting for their appointment or after their visit to the hospital, thus promoting the “Mixed Used” culture. I believe there is nothing that depicts the sense of community more than providing an environment where local residents and their neighbors can relax and socialize with their furry family members, especially as our community grows. In recent years, south Chino Hills has seen a significant increase in housing. I am aware of this because I am a resident of south Chino Hills. With the increase in number of houses, townhomes, condominiums, and apartments, pet ownership in this area is increasing. Currently, though, there is no veterinary services to meet the need for this increase in pet ownership. I believe the central location of Soquel Canyon Square and easy access from the 71 freeway, will be an ideal location to meet the veterinary needs of our local south Chino Hills pet owners. Furthermore, having a veterinary service at a “Mixed Use” location would greatly increase the social environment of the location as pet owners can literally walk to their veterinary hospital. As I mentioned above, I am a resident of south Chino Hills. I have been so for over 10 years. During these 10 years, I always felt the need to provide my services to my local neighbors. And, I always thought the corner of Soquel Canyon Parkway and Butterfield Ranch Road would be an excellent central location for the local pet owners 657/658 to access. As years passed and number of south Chino Hills residents have increase, the need for a veterinary hospital in south Chino Hills has also increased. I believe a veterinary hospital at Soquel Canyon Square would be a great addition to the south Chino Hills community, and promote the “Mix Use” ethos that the city has set forth. I urge every member to reconsider permitting veterinary services at the Soquel Canyon Square. I greatly appreciate your time and consideration. Thank you. Sincerely, Raymond Chae, BVMS 658/658 Municipal Code Amendment 19MCA01 Update Appendix A Land Use Matrix; replacing Section 16.78 Site Development Permit with Minor Use Permit; adding Section 16.79 Zoning Clearance; and updating Section 16.58.010 General Procedures EXISTING LAND USE MATRIX EXISTING LAND USE MATRIX IS OUTDATED •USES ARE TOO SPECIFIC: Appliance Assembly, Appliance Sales/Repairs (Household), Appliance Sales/Repairs (Small appliance), Beverage Production •COMMON USES EXCLUDED: Tutoring, Fitness Gyms, Walk -in Clinics •DEFINITIONS AND MATRIX DO NOT MATCH •PARKING AND USES IN MATRIX DO NOT MATCH PROPOSED LAND USE MATRIX PROPOSED LAND USE MATRIX PROPOSED LAND USE MATRIX PROPOSED LAND USE MATRIX PROPOSED PERMITS Existing Site Development Permit Authorization: A site development permit provides authorization for a precise plan of development. Any substantial change from the original Site Plan and/or design plans Process: •Staff review •No public noticing/hearing •Director or designee approval Proposed Minor Use Permit Authorization: •Uses indicated in Appendix A that have relatively low potential for adverse impacts. Proposed use that does not closely correspond to listed uses in Land Use Matrix. Process: •Staff review •Public noticing/hearing •Director or designee approval PROPOSED PERMITS Proposed Zoning Clearance Process: •Staff review •No public noticing •No public hearing •Director or designee approval Authorization: •Certificate of Occupancy application which property has a use permit approval •Minor modifications to approved development plan •Change in business and intensity for center with approved parking reduction •Minor modifications to wireless facilities •Outdoor commercial dining patio areas PROPOSED SECTION 16.58.010 UPDATE GENERAL PROCEDURES STAFF RECOMENDATION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING TITLE 16 (DEVELOPMENT CODE) OF THE CHINO HILLS MUNICIPAL CODE TO UPDATE APPENDIX A LAND USE MATRIX, 16.58.010 GENERAL PROCEDURES, REPLACE SECTION 16.78 SITE DEVELOPMENT PERMIT WITH MINOR USE PERMIT, AND ADD SECTION 16.79 ZONING CLEARANCE SECTION AND DETERMINING THAT THE MUNICIPAL CODE AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT