Diamond Bar Municipal Code Ch. 22.58 Conditional Use Permits

The purpose of this chapter is to provide a process for reviewing 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 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 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 listed in article II (Zoning Districts and Allowable Land Uses) as requiring a conditional use permit. A public hearing is required for all conditional use permits, which shall be considered by the commission.

(Ord. No. 02(1998), § 2, 11-3-98)

(a) Filing. An application for a 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 22.58.040 (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. An application for a conditional use permit will be scheduled for a public hearing once the department has determined the application complete. Noticing of the public hearing will be given in compliance with chapter 22.72 (Public Hearings).

(Ord. No. 02(1998), § 2, 11-3-98)

Following a public hearing, the commission shall record the decision in writing with the findings on which the decision is based. The 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 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 conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or 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)

In approving a conditional use permit, the commission may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by section 22.58.040 (Findings and decision), above.

(Ord. No. 02(1998), § 2, 11-3-98)

(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 conditional use permit application.

(b) Run with the land. The 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)