Code and Legal Topics
July 2009
Conditional Use Permits - Process and timeline
Since the first (1860) case in New York
City, ordinances restricting property use, based on the health,
welfare and safety of citizenry, have been upheld by the Supreme
Court of the United States.
A CONDITIONAL USE PERMIT (CUP) allows a city
or county to consider special uses which may be essential
or desirable to a particular community, but which are not
allowed as a matter of right within a zoning district, through
a public hearing process. A conditional use permit can provide
flexibility within a zoning ordinance. Another traditional
purpose of the conditional use permit is to enable a municipality
to control certain uses which could have detrimental effects
on the community. Consideration of a CUP is a discretionary
act. A CUP application tendered by a project proponent is
considered at a public hearing and, if approved, is generally
subject to a number of pertinent conditions of approval.
Every City has a standard procedure for the
submission and review of an application for CUP. The following
model is taken from the City of San Jose's web publication.
The duration of the steps is based on an application for use
and an interior improvement.Note that the CUP must be granted
prior to submission of drawings to the building department
for permit. The lesson for clients is that the requirement
for a Use Permit will easily add 90 days to the overall timeline.
| Planning
Steps |
Days |
Alternate
activity |
Planning
application submitted to City |
|
|
| |
|
|
Preliminary
project review by City staff and determination of application
completeness |
10 |
|
|
|
If incomplete
then return above |
Application
deemed complete, process and paperwork continues |
15 |
|
|
|
|
Planning
Commission (PC) decision: CEQA Exempt |
15 |
|
|
|
|
Staff review
of project for code compliance |
7 |
|
|
|
|
Development
review board meets; conditions of approval proposed
|
15 |
|
|
|
|
Staff report
prepared, notifications sent |
10 |
|
|
|
|
PLANNING
COMMISSION HEARING |
1 |
|
|
|
|
Planning
Commission approves, |
5 |
|
|
or |
Refers to
City Council |
10 day decision
Appeal Period |
10 |
an unusual
step |
|
|
|
May file
building permit application - or not, if there is no
construction |
|
Appeal filed
and hearing set |
|
|
|
Project timeline
without serious issues or re submittal (total) |
88 |
|
|
|
|
. |
The trade contributor for this newsletter,
Russ Gamble - Architect, suggests the following "Ten
Commandments" for securing a change of use on a property.
| 1 |
Check with the Planning Department
if use is permitted in the subject zoning district. |
| 2 |
Schedule a neighborhood meeting for input
and respond with real solutions. |
| 3 |
Determine at initial meeting with Planning
whether an environmental impact report (CEQA) will be
required. |
| 4 |
Discuss with Planner the permit and zoning
options available, such as “overlay” districts and “conditions
of approval,” as may be necessary. |
| 5 |
Make certain permit application is complete
the first time it is submitted, otherwise the project
will be delayed 10-14 days plus correction timeline. |
| 6 |
Permit application submittal should include
clear, easily understood graphics (plans, elevations),
the use of color is an asset. |
| 7 |
Meet with Planning Commissioners individually
to explain project and ask for feedback. |
| 8 |
Check with Project Planner weekly or
so to find out if staff report/recommendation is complete
and obtain a copy before the public hearing. |
| 9 |
Stay in contact with Project Planner
regarding when notices of public hearing are sent out
to neighbors and learn date of hearing. |
| 10 |
Be prepared to make a presentation and/or
answer questions at the public hearing, refer to graphics
as available. |
|
