Let's say a city or county is considering special uses for commercial properties 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. In this instance a CUP can provide flexibility within a zoning ordinance.
A CUP is a Conditional Use Permit. This is a special permit required by cities for businesses and other uses that are not specifically allowed in a particular zone by right. Churches, hospitals, schools, hotels & motels, bowling alleys, service stations, mini-warehouses and a wide variety of other establishments require the approval of a Conditional Use Permit by the Planning Commission.
The City of Carlsbad defines a Conditional Use Permit (CUP) as a permit required for land uses that must be reviewed to a greater extent to allow for a certain degree of control due to the unusual characteristics of that land use or the need to achieve special purposes in certain parts of the city. The CUP may impose special conditions on the use, in addition to those normally required in a particular zone, to ensure that it is compatible with other existing and permitted uses in the area. All cities require CUPs for certain land uses such as churches and service stations. However, the types of uses that require CUPs vary from city to city and zone to zone.
When reviewing a CUP application, some of the issues city staff would consider are sufficient parking, adequate noise buffering of surrounding neighbors, hours of operation, and whether there is adequate access for the Fire Department. As stated above, CUPs are required for uses that may have adverse impacts on the surrounding neighborhood if they are not properly designed and conditioned. The goal of the city review of certain land uses is to ensure that the proposed use will not adversely impact the surrounding neighborhood.
Applications for a CUP are reviewed by the Planning Department. As a part of the Planning Department's review process, comments and conditions are provided by the engineering, fire and police departments. If staff believes that the proposed use will not have any adverse impacts on the neighborhood, they prepare a staff report making a recommendation of approval to the Planning Commission.
The Planning Commission must be able to make the following four findings to approve an application for a Conditional Use Permit:
That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.
That the site for the intended use is adequate in size and shape to accommodate the use.
That all of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing or permitted futures uses in the neighborhood will be provided and maintained.
That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use.
Obtaining Planning Commission approval of a CUP can be a lengthy process, generally taking anywhere from 6 to 8 months from the time of submittal to the Planning Commission hearing. A request for this permit requires the submittal of a formal application with detailed exhibits prepared by engineer, architect and landscape architect. The application must also be accompanied by a Part I Environmental Impact Assessment. The Planning Commission hearing is a public hearing and all neighbors within 600 feet of the site receive a public notice and can show up to speak either in favor of or against the proposed use.
On January 4 the Planning Department took a major Zone Code Amendment (ZCA) to the Planning Commission to revise the city's requirements for the processing of Conditional Use Permits. This ZCA made a number of significant and much needed revisions to the city's requirements for the processing of CUPs. One of the most notable changes will be to establish a minor process whereby specific less-controversial conditional uses may be approved administratively by the Planning Director rather than at a public hearing before the Planning Commission. This process would apply to such uses as veterinary clinics, bed & breakfast inns, coin operated arcades and a number of other establishments in certain zones and could cut the processing time by up to 50%. After the Planning Commission makes a recommendation of approval for this Zone Code Amendment it must be approved by the Carlsbad City Council.
The best way to determine if the use you are contemplating on your property or vacant building will require a CUP is to call the Planning Department at (760)602-4610. When you call, describe the use, site address and zoning and ask them if the proposed use will require a Conditional Use Permit.
The CUP process is not impossible, but you do need to keep in mind that it generally takes awhile to get approval if it has to go to a Planning Commission hearing. It is important to remember this when considering leasing a portion of a vacant building to a church, veterinary office, private school or other use that requires approval of a CUP. If it can be approved administratively as a minor CUP the process should take about half that time. This however, is a very simplified version of the process. If the proposed use is controversial or staff believes it has design issues the process can take far longer than 6 to 8 months.
Mike Howes and his partner Stan Weiler, of Howes Weiler and Associates have been involved in the preparation and processing of several master plans including: The Carlsbad Ranch Specific Plan, Bressi Ranch Master Plan and many other projects in San Diego County, Riverside County and Imperial County. Call them at (760) 929-2288.