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Conditional Use Permits are required for land uses with unique development requirements and operating characteristics, which require special consideration in order to operate in a manner compatible with surrounding uses. Per Section 17.04.030 of the Development Code, "the Conditional Use Permit process is intended to afford an opportunity for broad public review and evaluation of these requirements and characteristics, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance standards are provided in accordance with the Development Code."
There are two types of Conditional Use Permit (CUP) applications: Construction Conditional Use Permits and Non-construction Conditional Use Permits. There are three differences between the two:
1) Complexity: Construction CUPs are applicable to projects on vacant land where the applicant is proposing a new building, associated improvements such as the parking lot, sidewalks, landscaping, etc. must be constructed, and an environmental review is required due to changes in hydrology, impacts on air quality, increase in noise, and displacement of sensitive habitat.
Non-construction CUPs, on the other hand, are applicable to projects on developed properties where the applicant's proposed construction will be limited to the interior of an existing building and generally all improvements are in-place; and
2) Committee Review: Applications for Construction CUPs are reviewed by the Grading, Technical, and Design Committees. Their recommendation are then forwarded to the Planning Commission. Non-construction CUPs do not require this step; and
3) Public Hearing: Applications for Construction CUPs are reviewed and approved at a public hearing held by the Planning Commission while applications for Non-construction CUPs are reviewed and approved at a public hearing held by the Planning Director.
Note: the Planning Director may forward an application for a Non-construction CUP to the Review Committees and the Planning Commission if he deems it is necessary.
The review process for both types of applications is similar to Development Review. For more information, contact us at 909-477-2750 Monday through Thursday, 7:00 a.m to 6:00 p.m..
The submittal checklist for a Conditional Use Permit (both types) is available at the Planning Department's public information counter or as a download (pdf).
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