Special Permits
Key Questions
The following questions are considered with the review of a special permit application:
- Is the request for a special permit consistent with the General Plan, specific plan (if any) and the City Zoning Code?
- Is the proposed use compatible with surrounding uses?
- Are there changes that can be made to the project or conditions placed on the project to make it more compatible
- Will the project have any environmental effects? What will those effects be? What level of environmental review must occur?
- Can the proposed use adequately be served by existing public facilities and services (for example, police and fire protection, and roads)?
A special permit (also known as a Conditional Use Permit) is a zoning instrument used primarily to review the location, site development, or conduct of certain land uses. These are uses which may have an impact on the area in which they are located, or are capable of creating special problems for bordering properties unless given special attention. A special permit may be granted at the discretion of the Zoning Administrator, Planning Commission, or City Council and is not the automatic right of any applicant.
For example, proposed projects within the C-2 (General Commercial) zone that will be more that 40,000 square feet in size require a special permit because Zoning Ordinance considers them to be a “Major Project.” With the special permit, staff would review the site plan and arrangement of the building(s) in the site, design and elevations, landscaping, hours of operation, parking, and conduct an environmental review.
The special permit process allows decision-makers (either the Zoning Administrator or the Planning Commission) to impose certain conditions on a project in order to avoid potential problems. These requirements are not arbitrary - they must relate to the expected problems. Planners and community members must provide facts to support these recommended requirements to decision-makers.
In turn, decision-makers must explain their decision with findings. Such findings explain why the decision-maker decided that the permit is or is not justified under the circumstances.
To Learn More
- Planner’s Training Series, The Conditional Use Permit, 2007 (available at: www.ceres.ca.gov/planning/cup/condition.htm)
- The Planning Commissioner’s Handbook, League of California Cities, 2005, Chapter 4: The Planning Framework (www.ca-ilg.org/pch4)
- Solano Press (www.solano.com) also offers a number of land use related publications for purchase.