What Is a Conditional Use Permit in California?

When developing land in California, it is important to apply for the correct type of permit that will allow you to convert the land into the type of business you are seeking to have. One of these types of permits is a conditional use permit, which allows prospective land developers to do what they wish with certain types of land, provided their development plan complies with certain conditions. You may be asking, “What is a conditional use permit in California?”

What Is a Conditional Use Permit in California?

A conditional use permit, also called a CUP, is a type of land development permit that requires a certain degree of discretionary approval from the city when pursuing a land development project that could prove detrimental to the surrounding area or community. If a land developer or business owner applies for a conditional use permit, the planning commission, which holds jurisdiction over the development area, will determine the conditions upon which the developer may be granted approval.

A California conditional use permit is often approved under an established set of conditions that are set forth by the planning commission that receives the initial application. In that initial application, it is important and often vital to the approval of your conditional use permit that you include a number of important factors, such as:

• A detailed description of the exact nature of the project you are developing.
• A list of the benefits that your land development project will have for the community.
• Assurance that your project will be consistent with the city or county planning code.
• Include a mitigation plan that allows for conditional use.

The Application Process

Applying for a conditional use permit can become quite involved and a bit challenging, so it may be wise to retain the services of an experienced lawyer who can help you with your application. Understanding the approval process can be beneficial and help you make your application as strong as possible. Here is a brief rundown of the application process:

• Check the Zoning: It is important that you check the zoning laws of your respective county before you lease or purchase any property. You must ensure that the intended use of your property is allowed under your county zoning ordinances. If it’s not, applying for a conditional use permit may be your next logical step.
• Submit an Application: The application process officially begins when you submit your application for a conditional use permit. Depending on the county in which you are applying for the permit, you may need to pay an initial deposit to cover certain costs. Other fees may apply depending on your county and the complexity of your application.
• Environmental Review: California state law, particularly the California Environmental Quality Act, requires that every project under conditional use review be analyzed to identify any possible impact that your project could have on the local environment.
• Planning Staff Review: Once the necessary information has been gathered and the environmental impact has been determined, the planning staff will prepare their initial review of your application and provide recommendations to the Planning Commission. You will likely be sent a copy of their review.
• Planning Commission Review: At the Planning Commission hearing, you will be presented with an oral report of all findings and recommendations from the Commission. After the presentation, you will have an opportunity to speak to the Commission and prepare a rebuttal presentation if you wish to do so.
• Appeal to City Council: If the Planning Commission turns down your application, you have the option to appeal to the City Council. You must apply for this appeal within ten days of the Planning Commission’s decision.

FAQs

Q: What Is an Example of a Conditional Use?

A: There are multiple examples of conditional use, which permits certain developers to build a business or home in an area that they may otherwise not be allowed to build in. One example would be building a car dealership in an area that is intended for residential use only. While the dealership may intend only to sell cars to local residents, the developer will still need to obtain a conditional use permit.

Q: Does a Conditional Use Permit Run with the Land in California?

A: Yes, generally, a conditional use permit does run with the land in California. It is valid for the duration of the developer’s use of the land in question, even if ownership of that business changes. Conditions of the initial permit are legally binding for successive business owners. Typically, there is no need to amend the pre-existing permit unless the pre-approved conditions change. A CUP may no longer run with the land if the permit is allowed to expire or the permit’s use is abandoned for a year.

Q: What Is a Special Use Permit in California?

A: A special use permit is another interchangeable term for a conditional use permit. It allows for land uses in areas that may not typically be permitted for that site. They may also be known as “special exceptions.” They are used to ensure that certain areas are kept residential or commercial, with local zoning commissions being able to decide on certain exceptions.

Q: What Happens After I Submit My Conditional Use Permit Application?

A: Generally, what happens after you submit your conditional use permit application is that your application will be reviewed within a 30-day time frame. If there are any corrections that must be made, you will be notified in writing. Once your application is considered complete, it will be assigned to a case planner for further evaluation. Overall, the length of time the entire process takes depends on your case.

Reach Out to a Real Estate Lawyer for Help

The legal team at Blake & Ayaz knows what kind of help you need for your CUP application. We can ensure that your application is as strong as it can be and help you make sure you aren’t taken advantage of. Contact us to speak with a valued team member and schedule a consultation to discuss your zoning issues or intent to submit a permit application.