A Conditional Use Permit (CUP) is a discretionary action for a particular use that is not allowed as a matter of right within the Zone Classification. The discretionary review has singled out types of uses that are essentially desirable, but because of potential impacts are not desirable in every location, in unlimited numbers, or in a location without restrictions tailored to them. (Concept noted in Neighborhood Action Group v. County of Calaveras (1984) 156 Cal. App.3d 1176). 1/
CUPs over the years have become more important in planning as we move further away from Euclidean zoning (i.e., Euclid Township vs. Amber Board of Realty) which separates land uses by type, density, and intensity. For example, the City has allowed nonresidential uses in or near residential areas (e.g., churches, childcare, equine boarding and riding, home occupations, wireless telecommunications facilities) through a CUP process.
“The goal in regulating conditional uses should be to balance the need for diversity and proximity to certain uses against any
potential impacts such uses may have on the surrounding community.” 2/
The decision to deny a conditional use should not be based upon generalized objections or arbitrary and capricious concerns of neighboring community members but rather a review
and application of the specific criteria and conditions for the conditional use. Conditions are imposed to address relevant impacts and must be directly related and incidental to the proposed use.
Questions to Consider for CUP (Supplement the following questions with Findings required pursuant to Section 12.24-E of the Planning and Zoning Code. 3/
- Is the public hearing notice complete in its description of the project?
- Has the public hearing notice been issued in accordance with all procedures? (Mail/Publication/Posting)
- Is the Environmental Clearance appropriate?
- Will the project enhance the built environment of the surrounding neighborhood, perform a function, or provide a service that is essential or beneficial to the community, city or region?
- Will the project be compatible with and not adversely affect or further degrade adjacent properties, the surrounding neighborhood or the public health, welfare, and safety?
- What are potential adverse impacts from the proposed use caused by project’s location, size, height, operations or significant features?
- Can the impacts be mitigated by imposing conditions?
- Would conditions of approval be reasonably related to and proportional to the impacts caused by the use proposed by project?
Footnotes
1/ The Planner Trainer Series: The Conditional Use Permit, Office of Planning and Research, State of California, August 1997(Modified for this paper) 2/ PAS Qucknotes (ISSN 2169-1940) publication of the American Planning Association's Planning Advisory Service, 2012 3/ Several conditional uses require specific findings in addition to the Findings of Approval established under Code Section 12.24-E. A link to the Planning and Zoning Code is available to the Department of City Planning website at http://planning.lacity.org.
