What Is a Special Use Permit in California?

In California, certain areas of land can only be used for specific purposes. Therefore, if you are seeking to use land to operate your business, you may be required to submit a special use permit. However, before determining if you need one, you may find yourself asking, what is a special use permit in California?

A special use permit also called a conditional use permit (CUP), is a license or permit that grants a public or private party permission to use land for a purpose not authorized by traditional zoning laws. In California, conditional use permits are required for a variety of situations.

When Do I Need a Special Use Permit in California?

California, like all states, has its own zoning laws. Zoning laws are laws that determine how a particular area of land can be used. If you plan to use specific land to open your business, and your business will be serving alcohol, you need a special use permit to use said land. For example, residential areas may require special use permits for businesses that serve alcohol to maintain the integrity of the neighborhood.

There are several businesses that may serve alcohol: bars, restaurants, theaters, entertainment facilities, or halls. While these establishments may be excited to open for business, it is important to obtain the necessary permits. If your business is located near a school or church, for instance, you may fall into this category. A lawyer will help you determine if you need a special use permit and how to go about filing one.

Obtaining a Special Use Permit

Obtaining a special use permit is a complex process that is broken up into three phases. In general, these are the steps required to obtain your permit:

1. Do your research. Before filling out an application for a special use permit, it is wise to understand California’s zoning laws. This helps you determine if you are a likely candidate for the land you seek to use for your business. Hiring a lawyer who consults with the planning committee for your county will help in this part of the process.
2. Collect your documents. Next, you need to collect the necessary documents that will be used for your application, such as your business plan, site plan, and floor plan.
3. Submit your application. After you collect your documents, you can submit your application to your local planning office for your review. Keep in mind that your application will require a fee, which varies by city.
4. Public Notice and Hearing. Once your application is processed, a public notice about your plans will be published at the land site. This makes surrounding businesses and residents aware of your plans to provide feedback or raise issues. Next, you must present your plans at a public hearing, which will consist of the hearing officer, regional planning commission, or board of supervisors. This hearing is also open to the public.
5. Approval or Denial. After your presentation is heard, your application will either be approved or denied based on several factors.

Conditions Imposed if an Application Is Approved

If your conditional use permit is approved, the Commission or Hearing Officer may impose certain conditions. These conditions ensure that your establishment is compatible with the surrounding area, especially if your business will be located in a residential area. Some conditions that may be imposed include, but are not limited to:

• Noise, dust, or smoke regulations
• Hours of operation regulations
• Signage regulations
• Landscaping and maintenance

Constraints for Obtaining a Special Use Permit

Your plan for business must be aligned with the general plan of the county in which you plan to operate business to obtain a special use permit or a conditional use permit. The general plan is the policies that determine how a particular county will grow over a set number of years. Misalignment with the general plan can impede your application process.

Additionally, your plans must be consistent with local, community, or neighborhood plans. Questions to consider are:

• Is my business compatible with the surrounding areas?
• Are there any physical constraints?
• Is there adequate parking or access to public services?
• Will there be any significant environmental impacts?

Hiring a lawyer experienced in California conditional use permits will help you navigate these constraints.

FAQs

Q: What Is a Burden of Proof?

A: A burden of proof is a requirement of the zoning ordinance for obtaining a conditional use permit. The applicant is required to submit a burden of proof that specifies that their project meets certain criteria as outlined by the zoning ordinance. If an applicant cannot submit a burden of proof, their application will likely be denied.

Q: Can I Appeal the Decision Made at the Hearing?

A: Yes, you can appeal the decision if your CUP is not approved. If you believe your project meets the criteria of the zoning ordinance and is compatible with the general plan, you may want to hire an appeals attorney. To appeal the hearing officer’s decision, contact the regional planning commission secretary, and to appeal their decision, contact the board of supervisors’ executive office.

Q: Does My Conditional Use Permit Expire?

A: Yes, your conditional use permit can expire. If the work on the site has not begun after 180 days from when the permit was granted, it will expire. Likewise, if the site is abandoned or work has stalled for 180 days, the permit will become invalid. Extensions are considered in a written format and with good reason for the extension.

Q: What Is an Example of a Conditional Use?

A: There are many examples of conditional use in California, including protected land use for a wedding or for operating a business. A more specific example is conditional use for operating a business that serves alcohol. If you open a bar or restaurant that serves alcohol, not only do you need a liquor license, but you are also required to obtain a conditional use permit.

Opening your very own bar or restaurant is an exciting endeavor, but you must consider several factors, including obtaining a conditional use permit. Conditional use permits are like permission slips for opening a business in an area that has certain zoning laws. To navigate the process for California conditional use permits, contact Blake & Ayaz today.