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16.306.010 USES AND DEVELOPMENTS PERMITTED WITH SPECIAL USE AND DEVELOPMENT PERMITS

The following uses and developments shall not be initiated or constructed unless a special use and development permit for said use or development has been issued by the Director:

A.     The commercial use of existing residential structures, or lots containing residential structures, in commercial districts, per Chapter 16.103.

B.     Temporary uses of and/or erection of temporary structures, such as fences, booths, tents, or parking of trailers, for such activities as carnivals, circuses, fairs, and religious meetings.

C.    The sale of fruit, trees, and crops grown as an accessory use on the premises of a dwelling in the RR District.

D.    An accessory building or structure, including athletic apparatus or children’s play equipment, located within required interior side or rear setbacks in a single-family residential district pursuant to Chapter 16.130, excepting minor structures and equipment which are no more than eight feet in height and screened from view may be permitted in interior setbacks without a special use and development permit pursuant to Chapter 16.130.

E.     An accessory building or structure exceeding 15 feet in height, but not more than 18 feet in height, on any lot with single-family residential development pursuant to Chapter 16.133.

F.     An athletic apparatus, sport accessory structure or children’s play equipment exceeding 13 feet in height, but not more than 15 feet in height on single-family residential lots, pursuant to Chapter 16.133.

G.    Fences greater than six feet in height, but less than eight feet in height, constructed on any part of the lot behind the front or street side setback line, pursuant to Chapter 16.133.

H.    Recreation and athletic courts with lights subject to the standards for such courts in Chapter 16.133.

I.      Antennas, other than vertical or whip antennas, and support structures up to 45 feet in overall height from the ground level, subject to the standards and findings in Chapter 16.100 in addition to the findings of this chapter.

J.     Garage or other opening providing access into a garage in a single-family district, that has a height of more than eight feet.

K.     Barbed wire fences subject to the requirements of Chapter 16.133.

L.     The installation and use of mobile recycling units for the collection of recyclable materials. The facilities are subject to the review and approval of the Architectural Commission. Architectural Commission applications will be reviewed per the criteria contained in Section 16.300.040 and the following standards. A SUDP for a mobile recycling unit shall not be effective until the Architectural Commission has approved the plans for the facility and the applicant has submitted plans complying with the Commission’s conditions of approval and the following standards:

1.     The facility shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the City of Claremont.

2.     The design, colors, and materials shall be architecturally compatible with the host use and surrounding development.

3.     The facility shall be screened by landscaping or other type of material from the public rights-of-way.

4.     The facility shall accept only glass, metals, plastic container, and papers.

5.     The facility shall use containers that are constructed and maintained with durable, waterproof and rustproof materials.

6.     The facility shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers.

7.     The facility shall be maintained free of litter and any other undesirable material. Mobile facility sites, at which trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

8.     The facility shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, or 65 dBA in a Commercial District, or 70 dBA in an Industrial District.

9.     Facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

10.   Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and shall display a notice stating that no material shall be left outside the recycling enclosure or container.

11.   Signs

a.     Signs shall be approved by the Architectural Commission prior to installation of the facility.

b.     The facility’s signing shall be limited to minor identification signs and shall be visible only from the surrounding parking lot.

12.   Except as otherwise provided in this section, the facility may not reduce available parking spaces below the minimum number required for the primary host use. If all the following conditions exist a reduction of up to three spaces may be granted.

13.   The facility shall be located so as not to eliminate any of the existing required landscaping.

M.    The installation and use of reverse vending machines for the collection of recyclable materials. The facilities are subject to the review of the Architectural Commission. Architectural Commission applications will be reviewed per the criteria contained in Section 16.300.060 and the following standards. A SUDP for a reverse vending machine shall not be effective until the Architectural Commission has approved the plans for the facility and the applicant has submitted plans complying with the Commission’s conditions of approval and the following standards:

1.     The facility shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the City of Claremont.

2.     The facility shall not obstruct pedestrian or vehicular circulation.

3.     The facility shall not occupy parking spaces required by the primary use.

4.     The facility shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.

5.     The facility shall be constructed and maintained with durable waterproof and rustproof material.

6.     The colors and materials of the facility shall be compatible with those of the host use.

7.     The facility shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

8.     The total sign area shall be a maximum of four square feet per facility exclusive of operating instructions. (Facilities shall be defined as the total number of machines required in order for the collection of the different types of recyclable beverage containers.)

9.     The sign illumination shall be restricted to the sign copy. No other surfaces of the facility shall be illuminated.

10.   The facility shall be maintained in a clean, litter-free condition on a daily basis.

11.   Operating hours shall be at least the operating hours of the host use.

12.   Except as otherwise provided in this section, the facility may not reduce available parking spaces below the minimum number required for the primary host use. If all of the following conditions exist a reduction of up to three spaces may be granted.

a.     The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.

b.     The applicant submits a parking study finding that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

c.     Alternate locations for the facility have been examined and the proposed location has been found to be the best.

d.     The permit will be reconsidered at the end of one year.

13.   The facility shall be located so as not to eliminate any of the existing required landscaping.

N.    Temporary parking lot pursuant to Chapter 16.136.

O.    Temporary outdoor Christmas tree sales, and other seasonable product sales, such as pumpkins. Such uses may be approved on vacant property or in parking lots.

P.     Temporary outdoor displays, sales, and storage of merchandise, temporary services, and similar activities conducted for a temporary period outdoors or within temporary structures, except as otherwise permitted as incidental outdoor uses in Chapter 16.090. Uses permitted by this subsection shall not be located within the public right-of-way.

Q.    The use of temporary structures, trailers and facilities related to established uses otherwise permitted by this title. Permits for such uses shall be valid for no more than three years.

R.    Large family day care homes in a single-family residential dwelling unit subject to the standards, restrictions, and requirements as specified below. Large family day care home shall mean that as set forth in the Health and Safety Code Section 1597. All applications for a large family day care home shall be processed and reviewed in accordance with the provisions in the Health and Safety Code for large family day homes. In approving a special use and development permit for a large family day care home, staff shall impose such conditions as are deemed necessary to insure the proposed large family day care home will be in accord with the provisions of this section and the Health and Safety Code.

1.     No large family day care home shall be located within 1,000 feet of an existing or proposed large family day care home.

2.     All large family day care homes shall have adequate on-street parking located along the home’s street frontage, or shall provide off-street parking for the drop-off and pick-up of children.

3.     No off-street parking provided for the drop-off and pick-up of children at a large family day care home shall require that motor vehicles back-up directly into a travel lane of a designated major arterial street.

4.     All large family day care homes shall comply with the City’s noise standards for residential land uses in Chapter 16.154, Environmental Protective Standards.

5.     All large family day care homes shall comply with all regulations adopted by the State Fire Marshal for large family day care homes in Title 24 of the California Administrative Code.

6.     Except as noted above, all large family day care homes shall comply with the development standards of the districts in which they are located and with other standards and regulations in this title which are applicable to single-family residential development.

S.     Other special or temporary uses listed as permitted uses subject to a special use and development permit pursuant to District Development Standards of this title. (08-05)