San Dimas City Zoning Code
CHAPTER 18
200 CONDITIONAL USE PERMITS
§ 18.200.010 Purpose.
Uses listed in the zones or sections of this title as permitted subject to a conditional use permit may be so permitted when such uses provide for the orderly development of the community and are not, when necessary conditions are imposed, detrimental to surrounding properties or uses permitted in such zone.
In granting the permit the commission may impose those conditions deemed necessary to protect the public health, safety and general welfare of persons and property in the vicinity of the use for which a permit is sought.
(Ord. 37 § 501.0, 1961; Ord. 276 § 3, 1970; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.020 Prohibition.
No conditional use permit may be granted for any use inconsistent with the general plan of the city.
(Ord. 37 § 501.01, 1961; Ord. 528 § 1, 1976; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.030 Uses subject to conditional use permit.
Uses listed in the various zones as permitted subject to a conditional use permit may be permitted subject to the provisions of this chapter.
(Ord. 37 § 501.2, 1961; Ord. 276 § 3, 1970; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.040 Submittal of conditional use permit application.
Application for a conditional use permit shall be filed by the owner of the property for which the permit is sought, or by the authorized representative of the owner; provided, however, that the city council, upon written request of the owners or authorized representatives of the owners of the majority of the property in an area for which a development is being proposed, may authorize the filing of an application without the approval of all of the property owners or their authorized representatives if the city council determines that to do so is in the best interest of the city. Application shall be made to the commission on forms furnished by the planning department and shall be full and complete.
(Ord. 37 § 501.4, 1961; Ord. 276 § 3, 1970; Ord. 1030 § 1 (Exh. A), 1995; Ord. 1117 § 1, 2001)
§ 18.200.050 Incomplete application.
Incomplete applications or applications beyond the scope of the provisions for conditional use permits shall not be set for hearing. Any planning department refusal to set an application for hearing may be appealed to the planning commission.
(Ord. 37 § 501.6, 1961; Ord. 276 § 3, 1970; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.060 Filing fee.
No application shall be processed in accordance with this chapter unless the applicant pays such fees as shall from time to time be fixed by resolution of the city council as being necessary to defray the costs of the city incidental to processing the application.
(Ord. 37 § 501.8, 1961; Ord. 276 § 3, 1970; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.070 Investigation by planning department.
The planning department shall investigate the facts bearing on any case involving a conditional use permit to provide the commission with data essential for action consistent with the intent of this title and the general plan.
(Ord. 37 § 501.10, 1961; Ord. 276 § 3, 1970; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.080 Public hearing.
A.
Date. The hearing date shall be set by the planning director for not less than fifteen nor more than sixty days after an application has been deemed complete by the planning department.
B.
Notice. Notice of public hearing shall be given in the following manner and shall contain the time and place of the hearing along with other data contained in the application deemed pertinent to such notice. Notwithstanding the notice requirements set forth herein, additional notice may be required when deemed necessary to facilitate adequate public review.
1.
Newspaper. Notice shall be published at least once in a newspaper of general circulation in the city not less than the time required by law prior to the date set for the hearing.
2.
First Class Mail. Notices shall be mailed to all persons whose name and address appears on the latest equalized assessment roll of the county as owning property within a distance of three hundred feet of the external boundaries of the property described in the application. The applicant shall furnish to the city a certified list of such names and addresses. The notices shall be mailed not less than the time required by law prior to the date set for a hearing.
3.
Posting in Public Places. Notices shall be posted not less than ten days before the date set for a hearing in a conspicuous place at (i) City Hall, (ii) Los Angeles County public library, (iii) the post office, and (iv) Via Verde Shopping Center. Posting of a notice on the property may also be required.
C.
Hearing.
1.
The commission shall hold a public hearing on the date set forth in the legal notice of such hearing. A public hearing may be continued to a date specific without providing additional notice.
2.
The commission shall announce its decision by resolution adopted at a regular meeting within forty days after the conclusion of the hearing. The decision shall set forth the findings of the commission and all conditions imposed, including any time limits, deemed necessary to protect the public health, safety and welfare of persons in the vicinity and in the city as a whole.
3.
A copy of the decision shall be mailed to the petitioner at the address shown on the petition.
(Ord. 37 § 501.12, 1961; Ord. 276 § 3, 1970; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.088 Conditions of approval.
When approving or conditionally approving a conditional use permit, the planning commission shall designate conditions deemed necessary to protect the public health, safety and general welfare.
A.
Such conditions shall ensure compliance with applicable requirements of this title, the general plan and the California Environmental Quality Act and may also include additional conditions regarding the following:
1.
Regulation of use;
2.
Special yards, spaces and buffers;
3.
Fences and walls;
4.
Surfacing or parking areas subject to city specifications;
5.
Requiring street, service road or alley dedications and improvements or appropriate bonds and agreements therefor;
6.
Regulation of points of ingress and egress;
7.
Regulation of signs;
8.
Landscaping and maintenance of same;
9.
Maintenance of grounds;
10.
Regulation of noise, vibration, odors and similar emissions;
11.
Regulation of time for the conduct of certain activities;
12.
Time period within which the proposed use shall be developed;
13.
Duration of use;
14.
Phasing of use or components thereof;
15.
Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title.
B.
Additional Conditions. In addition to the above the planning commission may designate other conditions including, but not limited to, the following:
C.
Effect of Conditions. Whenever a conditional use permit is granted, the use or enjoyment of the conditional use permit in violation of or without observance of the conditions of approval shall constitute a violation of this title. In the event of such violation, the approval may be revoked or modified. Any change in the conditions of approval shall only be allowed after following procedures undertaken for the original approval.
(Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.090 Commission findings.
The commission, in approving or conditionally approving a conditional use permit, shall find as follows:
A.
That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adapt the use with land and uses in the neighborhood;
B.
That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
C.
That the proposed use will be arranged, designed, constructed, operated and maintained so as to be compatible with the intended character of the area and shall not change the essential character of the area from that intended by the general plan and the applicable zoning ordinances;
D.
That the proposed use provides for the continued growth and orderly development of the community and is consistent with the various elements and objectives of the general plan;
E.
That the proposed use, including any conditions attached thereto, will be established in compliance with the applicable provisions of the California Environmental Quality Act.
(Ord. 37 § 501.14, 1961; Ord. 276 § 3, 1970; Ord. 349 § 1, 1971; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.096 Resubmittal of denied application.
Following denial of a conditional use permit, no similar or substantially similar application for a conditional use permit on the same property, or portion thereof, shall be filed for one year from the date that the denial becomes final; unless the denial was made without prejudice.
(Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.100 Time limit for development.
A.
The commission may establish a time limit within which the subject property and use shall be developed. The time limits set by the commission shall be reasonable in relation to the size and nature of the proposed development. In the event no such time limit is established, development shall commence within one year.
B.
The date of commencement of a development shall be that date on which use is established on the site or when, after first obtaining required construction permits, substantial site work has been performed. Substantial site work means progression beyond grading and completion of foundations with above grade construction occurring and continuation of such work within time limits prescribed in the Uniform Building Code. If either lapses, the grant by the commission shall lapse.
C.
Time Extensions.
1.
Initial Extension. The planning director may grant a one year extension to the time limit prescribed for a conditional use permit approval when he finds as follows:
a.
A written request explaining the reason for the request has been filed on or before the date of expiration for the conditional use permit approval;
b.
There have been no changes in the applicable general plan or zoning regulations applicable to the conditional use permit since the approval was granted;
c.
There have been no changes in the character of the site or its surroundings which affect how the general plan or zoning regulations apply to the conditional use permit;
2.
Additional Extension. The planning commission may grant an additional one year time extension provided the planning commission makes the following findings:
(Ord. 37 § 501.16, 1961; Ord. 276 § 3, 1970; Ord. 452 § 1, 1974; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.110 Appeals.
The decision by the commission may be appealed to the city council in accordance with the provisions of Chapter 18.212.
(Ord. 37 § 501.18, 1961; Ord. 276 § 3, 1970; Ord. 662 § 4, 1979; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.120 Revocation and modification.
The commission may, by resolution, after a thirty-day written notice to the permit holder, revoke or modify, including the adoption of additional conditions, any conditional use permit for noncompliance with the conditions set forth in granting the permit, failure to comply with this code, including operating the subject use in a manner deemed to be a public nuisance, and/or failure to comply with other local, state or federal regulations applicable to the subject project. The notice shall state the date, time and place when the commission will hear the matter. The applicant shall have an opportunity to appear and be heard by the commission before any such action is taken. If an established time limit for development expires, the conditional use permit shall be void.
(Ord. 37 § 501.26, 1961; Ord. 276 § 3, 1970; Ord. 1025 § 2, 1995; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.130 Prior grant.
Any conditional use permit granted pursuant to any zoning ordinance enacted prior to the effective date of the ordinance codified in this chapter shall be construed to be a conditional use permit granted under this chapter, subject to all conditions imposed in such permit unless otherwise provided in this title. Such permit may, however, be revoked as provided in this chapter.
(Ord. 37 § 501.28, 1961; Ord. 276 § 3, 1970; Ord. 1030 § 1 (Exh. A), 1995)
§ 18.200.140 Planning commission waiver for conditional uses.
A.
Whenever in this chapter a conditional use permit is required for alteration, modification or addition to an existing structure, the planning commission may, in the exercise of its sound discretion, waive the requirement of a conditional use permit, if it finds the following factors to exist:
1.
Total costs of the alteration, modification or addition do not exceed one thousand dollars;
2.
No waiver under this section has been granted with respect to the same parcel within a period of one year prior to the pending application for waiver hereunder;
3.
The interest of other property owners will not be adversely affected.
B.
Applications for waiver under this section shall be made in writing by the property owner or authorized representative and shall demonstrate the existence of the factors required by this section.
(Ord. 37 § 501.30, 1961; Ord. 276 § 3, 1970; Ord. 1030 § 1 (Exh. A), 1995)