San Dimas Municipal Code Ch. 18.200 Conditional Use and Minor Conditional Use Permits

Prior ordinance history: Ord. 37; Ord. 276; Ord. 349 ; Ord. 452; Ord. 528; Ord. 662; Ord. 1025; Ord. 1030; Ord. 1117.

A. Purpose. The purpose of this chapter is to provide two distinct procedures for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

B. Special Consideration. Certain types of land uses may require special conditions in a particular zone or physical location within the city as a whole because they possess unique characteristics or present special challenges that make automatic inclusion as allowed uses either impractical or challenging due to potential and unforeseeable impacts to the surrounding area.

C. Intent. The conditional use permit and minor use permit procedures are intended to provide sufficient flexibility in the use regulations in order to further the objectives of the San Dimas Municipal Code and to provide the city with the opportunity to assign special conditions in order to mitigate potential impacts that could result from allowing the use(s) at the requested location, protecting the public health, safety, and general welfare of persons and property within the vicinity of the use.

(Ord. 1337, 6/23/2026)

No conditional use permit may be granted for any use inconsistent with the general plan of the city.

(Ord. 1337, 6/23/2026)

Uses listed in the various zones as permitted subject to a conditional use permit or minor conditional use permit may be permitted subject to the provisions of this chapter.

(Ord. 1337, 6/23/2026)

A. Application Preparation and Filing. Application for a conditional use permit or minor 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. An application shall be filed with the department of community development on a city application form, together with all required fees and/or deposits and all other information and materials specified in the most up-to-date department handout and/or as specified by the director of community development.

B. Incomplete applications or applications beyond the scope of the provisions for conditional use permits or minor conditional use permits shall not move forward in the application process. Any planning division refusal to set an application for hearing may be appealed to the planning commission.

C. Applications that have not been resubmitted within ninety days from the date of the incomplete or inconsistency letter shall be deemed inactive and subsequently closed, unless an extension is granted by the director of community development for good cause shown. Applications that have been closed shall require submittal of a new application and associated fees before the application can be considered by the city.

D. 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 amended by resolution of the city council as being necessary to defray the costs of the city incidental to processing the application.

(Ord. 1337, 6/23/2026)

The planning division 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. 1337, 6/23/2026)

A. Conditional Use Permits.

1. Review Authority. The planning commission shall review, conditionally approve or deny a conditional use permit application.

2. Date. The hearing date shall be set by the planning division after completion of any environmental document required by the California Environmental Quality Act (CEQA),[1] and all documentation has been provided for the completion of the project staff report, but no sooner than any time required by state law.

[1]

Editor's Note: See Public Resources Code Sections 21000 through 21189.

3. Notice. Notice of public hearing shall be given in the manner as prescribed below 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. Staff shall prepare all notices on behalf of the applicant(s), and the applicant(s) shall be responsible for the actual costs associated with all notices.

a. 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.

b. 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 notices shall be mailed not less than the time required by law prior to the date set for a hearing.

c. 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) the Los Angeles County public library; and (iii) the post office. Posting of a notice on the property may also be required.

4. Hearing.

a. 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.

b. The commission shall announce its decision by resolution adopted at a regular meeting within ten 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.

c. A copy of the decision shall be mailed to the applicant at the address shown on the application.

B. Minor Conditional Use Permits.

1. Review Authority. The director of community development or their designee shall review and either conditionally approve, or deny a minor conditional use permit application. To better serve the public interest, the director may refer the application request to the planning commission. Referred applications shall be processed pursuant to the conditional use permit provisions of Chapter 18.200.

2. Notice. In lieu of a public hearing, a notice of tentative decision stating that a minor conditional use permit is being considered shall be mailed to the applicant and all property owners and tenants within a one-hundred-foot radius from the subject site's property lines. Staff shall prepare all notices on behalf of the applicant(s), and the applicant(s) shall be responsible for the actual costs associated with the notice.

a. Purpose. The purpose of the notice is to provide any concerned parties an opportunity to submit a written statement explaining their concerns or comments regarding the minor conditional use permit request to the director.

b. Notice Requirements. The notice of tentative decision shall:

i. Identify the property location;

ii. Describe the proposed use;

iii. State that no public hearing is required under the minor conditional use permit process;

iv. Indicate that any concerned party about the issuance of said permit may submit a written statement explaining their concerns during the specified comment period.

3. Decision.

a. If no written statements are submitted during the comment period, the director shall either conditionally approve or deny the minor conditional use permit application. All comment periods shall occur for a duration of fourteen days.

b. If written statements are submitted during the comment period, and the director finds that the statement(s) have merit based on significant issues related directly to the application and the issue(s) can be adequately addressed through additional conditions of approval, the director may approve the permit with the added conditions.

c. If the director finds that the statement(s) is without merit, the director may approve the permit as is, or may impose any conditions deemed reasonable and necessary to ensure that the approval will be in compliance with Chapter 18.200.

d. Within ten days of the director's decision, the planning division shall mail a copy of the decision to the applicant at the address shown on the application and to all parties who submitted a written statement during the comment period or who filed a written request for notice.

(Ord. 1337, 6/23/2026)

The designated review body, in approving a conditional use permit or minor conditional use permit, shall find as follows:

A. The proposed use is consistent with both the general plan and zoning code of the subject property;

B. The establishment, maintenance or conducting of the proposed use will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood;

C. The site and location are suitable for the proposed use and will not cause an undue burden on surrounding properties or neighborhoods;

D. Any potential effects which may have an adverse effect on surrounding properties and/or neighborhoods can be minimized to the extent practical and any remaining adverse effects are justified by the benefits conferred upon the community as a whole.

(Ord. 1337, 6/23/2026)

When approving or conditionally approving a conditional use permit or a minor conditional use permit, the designated review body shall assign conditions deemed necessary to bring the subject site into compliance with the San Dimas Municipal Code, California Building Code, and to protect the public health, safety and general welfare of persons and property within the vicinity of the use.

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. Effect of Conditions. Whenever a conditional use permit or a minor conditional use permit is granted, the use or enjoyment of the conditional use permit or a minor 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 by the designated review body. Any change in the conditions of approval shall only be allowed after following procedures undertaken for the original approval.

(Ord. 1337, 6/23/2026)

Following denial of a conditional use permit or a minor conditional use permit, no similar or substantially similar application for a conditional use permit or a minor 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. 1337, 6/23/2026)

A. Conditional Use Permits.

1. 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.

2. 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 California Building Code. If either lapses, the grant by the commission shall lapse.

3. Time Extensions.

a. Initial Extension. The director may grant a one-year extension to the time limit prescribed for a conditional use permit approval when the director finds as follows:

i. 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;

ii. There have been no changes in the applicable general plan or zoning regulations applicable to the conditional use permit since the approval was granted;

iii. 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;

b. Additional Extension. The planning commission may, on consent, without public notice, grant an additional one year time extension provided the planning commission makes the following findings:

i. The findings set forth in subsection A.3 of this section;

ii. That substantial site work could not be completed because of circumstances beyond the control of the applicant.

B. Minor Conditional Use Permit. The director or their designee may establish a time limit within which the subject use shall be established. The time limits set by the director or their designee shall be reasonable in relation to the size and nature of the proposed use. In the event that no such time limit is established, the use shall commence within two years from the date of approval. The director or their designee may approve a one-time, one-year extension beyond the original approval timeframe.

(Ord. 1337, 6/23/2026)

Any decision, determination or action of the director of community development pursuant to this chapter may be appealed by any aggrieved party or person to the planning commission; provided that such appeal is filed, along with any applicable fees, within fourteen calendar days after the issuance of the decision, determination, or action by the director of development. Any decision, determination, or action by the planning commission may be appealed by an aggrieved party or person to the city council, provided that such appeal is filed, along with any applicable fees, within fourteen calendar days after issuance of the decision, determination, or action by the planning commission. Except for the time period specified herein, appeals shall be governed by the provisions of Chapter 18.212.

(Ord. 1337, 6/23/2026)

A. Conditional Use Permit. 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.

B. Minor Conditional Use Permit. The director may, by notification to the applicant, after a thirty-day written notice to the permit holder, revoke or modify, including the adoption of additional conditions, any or minor 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 applicant shall have an opportunity to respond in writing to the notice, and the director may consider the applicant's response prior to taking action. The director's decision may be appealed to the planning commission in accordance with SDMC Chapter 18.212. If an established time limit for the use expires, the minor conditional use permit shall be void.

(Ord. 1337, 6/23/2026)

Any conditional use permit or minor conditional use granted pursuant to any zoning ordinance enacted prior to the effective date of the ordinance codified in this chapter shall be construed to be an application 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. 1337, 6/23/2026)

A. Expansion of Use(s).

1. No expansion of uses or services not described in the application shall be allowed unless a conditional use permit or minor conditional use permit, as applicable, is first filed and approved for the proposed expansion, in compliance with Chapter 18.200.

2. Changes that do not drastically change operational characteristics and which do not conflict with the approved conditions of approval may be approved by the director.

B. Permit to Run with the Land. A conditional use permit or a minor conditional use permit approved in compliance with the provisions of this chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this section. Upon such change of ownership, the new owner(s) shall complete the acceptance of conditions affidavit to acknowledge the conditions assigned following the original issuance of the conditional use permit or minor conditional use permit.

C. Abandonment of Uses. Any use approved through the issuance of a conditional use permit or a minor conditional use permit that has ceased for a period in excess of twelve months shall be considered abandoned, and the use may not commence without filing for a new permit application and filling fees.

(Ord. 1337, 6/23/2026)