If your project is located within a redevelopment project area,
the use permit is referred to as a Special Use Permit (SUP).
Pre-Application Meeting: It is recommended that the applicant
request a preliminary meeting with Planning staff prior to submittal of the formal
application. This will allow staff to review the request and provide input
to the applicant on potential environmental concerns, zoning requirements,
and specific site planning, landscaping, and building design criteria. The
early review and input by staff should save the applicant processing time and
expensive plan revisions later in the process.
Application: The applicant must complete a Development
Processing Application Form (pdf). The completed form must be filed
with the Planning Division and must be accompanied by the required
fee,
maps and attachments. Refer to the CUP
Application Checklist (pdf) for complete submittal requirements
Initial Review: Processing times vary depending upon the
completeness of the information submitted, additional studies
and/or information needed to address staff questions, environmental
review status and the complexity of the project. Generally, however,
3-4 weeks after the CUP package has been filed, the applicant
will be notified by staff of additional documentation needed for
review and preliminary comments. Following this evaluation, final
plans and exhibits will be prepared by the applicant for action
by the Zoning Administrator (ZA) or the Planning Commission (PC).
Staff will then review the final plans set the matter for public
hearing and prepare a staff report and recommendation to the PC,
or, a Notice of Decision (NOD) to the applicant in the case of
ZA action. The project planner will discuss the contents of the
draft staff report or NOD with the applicant prior to it being
finalized and issued.
Decision Making: Depending on the type of project, its
impacts or how controversial it is, the Zoning Administrator may
be able to make the decision. In other cases, the project must
be heard by the Planning Commission, and in others still, by the
City
Council as well.
Required Findings: The Planning Commission or the Zoning
Administrator can only grant a CUP if the Planning Commission
or Zoning Administrator finds from the evidence presented that
all of the following facts exist:
- That the proposed use at the particular location is necessary
or desirable to provide a service or facility which will contribute
to the general well being of the neighborhood or the community;
- That such use will not, under the circumstances of the particular
case, be detrimental to the health, safety or general welfare
of persons residing or working in the vicinity, or injurious
to property or improvements in the vicinity;
- That the proposed use will comply with the regulations and
conditions specified in this code for such use;
- That the granting of this conditional use will not adversely
affect the general plan of the city or the adopted plan of any
governmental agency.
Zoning Administrator Decision
Generally, unless otherwise determined by the Zoning Administrator
, the following types of applications will be reviewed by the
Zoning Administrator and will not require a public hearing:
- No new building or substantial structural improvements are
involved;
- The proposed use would make use of existing building without
substantial remodeling;
- Signs;
- Temporary tract houses;
- Carnivals and Circuses;
- Churches; and
- Alcohol Sales for off-site consumption in CN zone
In the event no objections or protests are received, the Zoning
Administrator (ZA) will approve, conditionally approve or deny
the request in approximately 2 to 3 weeks after an application
has been deemed complete and if environmental review
is not required. In the event objections or protests are received,
the zoning administrator shall set the matter for public hearing.
At the ZA's discretion, the matter may be referred to Planning
Commission or a more informal Zoning Administrator Hearing may
be held.
Planning Commission Decision
The Planning Commission will conduct a public hearing after a
complete conditional use permit application or appeal has been
filed. The applicant will be notified of the date of public hearing.
The applicant or authorized representative must be present at
the hearing.
After conducting a public hearing, during which time the applicant
and other interested parties may speak, the Planning Commission
may approve, conditionally approve or deny the request.
City Council Decision
The City Council will conduct a public hearing approximately 3-4
weeks after the appeal or the Planning Commission has reviewed
the application. After conducting a public hearing, during which
time the applicant and interested parties may speak, the City
Council may approve, conditionally approve or deny the request.
Appeals of Decisions
The applicant, or any interested party, may appeal most decisions
of the ZA or PC within 10 days after the decision is rendered.
Appeals from the ZA are directed to the Planning Commission, and
appeals from the Planning Commission are directed to the City
Council.
Appeals will be scheduled for the earliest available hearing
date, which will normally be within 3-4 weeks from the date the
appeal is filed. Contact planning staff regarding procedures for
filing an appeal.
