Diamond Bar Municipal Code § 22.56.020 Applicability

The purpose of this chapter is to provide a process for reviewing minor conditional use permit applications which are intended to allow for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for minor conditional use permits will be reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare.

(Ord. No. 02(1998), § 2, 11-3-98)

An application for a minor conditional use permit may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees) for a specified land use that is allowed within a particular zoning district with the approval of a minor conditional use permit. A public hearing is required for all minor conditional use permits, which shall be considered by the director.

Minor conditional use permits may be granted for only the following activities, in addition to those listed in article II (Zoning Districts and Allowable Land Uses) as requiring a minor conditional use permit:

(1) Expansion of a use. Exterior expansion of an existing use that normally requires the approval of a conditional use permit in compliance with chapter 22.58 (Conditional Use Permits) in an existing development where there would be no change of occupancy or primary use, there would be no expansion of interior floor area, and the request would not alter the original intent of the project or site;

(2) Expansion of a nonconforming structure. Expansion of a nonconforming structure, either within the existing perimeter of the structure or on adjoining portions of the subject site, in compliance with section 22.68.030(b) (article V) (Changes to a Structure);

(3) Events. Arts and crafts exhibits, farmer's markets, and flea markets conducted at the same location on a semi-regular basis (e.g., the first Sunday of each month);

(4) Maintenance and repairs to a nonconforming structure.

a. Minor. Minor maintenance and repairs to a nonconforming structure, when required structural alteration work exceeds 25 percent of the appraised/replacement value of the structure, as shown in the county assessor's records, in compliance with section 22.68.030(e) (Maintenance and repairs); and

b. Major. Major repairs to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the appraised/replacement value of the structure, as shown in the county assessor's records, before damage or destruction, in compliance with section 22.68.050(b)(2) (Termination by destruction).

(5) Temporary enclosed storage. Temporary enclosed storage, unrelated to a construction project, that may be approved for a time period exceeding one year from the date of approval; and

(6) Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, which may be approved for a time period exceeding one year from the date of approval, as an accessory use or as the first phase of a development project.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 19, 7-16-24)

(a) Filing. An application for a minor conditional use permit shall be completed, filed and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.56.040 (Findings and decision), below.

(b) Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter.

(c) Notice and hearings. Upon receipt of a minor conditional use permit application in proper form, the director shall hold at least one public hearing, in compliance with chapter 22.72 (Public Hearings).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 20, 7-16-24)

Following a public hearing, the director shall record the decision in writing with the findings on which the decision is based, or may refer the application to the commission. The minor conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made:

(1) The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code;

(2) The proposed use is consistent with the general plan and any applicable specific plan;

(3) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity;

(4) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints;

(5) Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and

(6) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(2005), § B, 3-15-05; Ord. No. 03(2024), § 21, 7-16-24)

In approving a minor conditional use permit, the director may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.56.040 (Findings and decision), above.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 22, 7-16-24)

(a) General procedures. Procedures relating to appeals, performance guarantee, and revocation as identified in article V (Development Code Administration), in addition to those identified in chapter 22.66 (Permit Implementation and Time Extensions), shall apply following the approval of a minor conditional use permit application.

(b) Run with the land. The minor conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.

(Ord. No. 02(1998), § 2, 11-3-98)