Planning Commission Staff Report
Report Prepared by: Jonnie Lan, AICP, Acting Planning Manager, Development Services Department
Title
SUBJECT: Use Permits: Planning Commission Training on the Consideration of and Approval Process for Conditional Use Permits and Minor Use Permits
ACTION
The Planning Commission will not take action on this item. It is for training purposes only.
SUMMARY
The Planning Commission will receive information and training related to Use Permits.
RECOMMENDATION
Planning Staff recommends that the Planning Commission review the attached information pertaining to Use Permits as considered under the City of Merced Municipal Code Title 20.
Body
DISCUSSION
In the City of Merced Use Permits are generally considered through the Conditional Use Permit process or the Minor Use Permit process. According to Section 20.68.020(A) (Attachment A) of the Merced Municipal Code (MMC):
“A conditional use permit [(CUP)] or minor use permit [(MUP)] is required for uses that are generally appropriate within a zoning district but potentially unsuitable in a particular location or in large numbers. A conditional use or minor use permit is a discretionary action that enables the city to ensure that a proposed use is consistent with all general plan goals and policies and will not create negative impacts to adjacent properties or the general public.”
In the City of Merced, there are a couple of differences between MUPs and CUPs. The first is that MUPs do not require a public hearing or public noticing of the consideration. The second is that the Director of Development Services can approve MUPs or refer them to the Planning Commission for consideration. They are not automatically heard by the Planning Commission. CUPs require a public hearing and public notification for those property owners within 300 feet of the site. Because of this requirement, CUPs are automatically considered by the Planning Commission.
The list of uses that require permit consideration for any zone is outlined in the City of Merced Zoning Code (MMC Title 20, Part 2) under “Zoning District Standards”. The City of Merced's Use Permit processes involve submitting a detailed application online through the Civic Access Portal on the City website which is then reviewed by city staff.
The application process is as follows:
• All applications and permit management are handled through the Civic Access portal. The applicant needs to register for an account and apply via the portal.
• The applicant would also submit detailed information relative to the CUP being requested. Information could include, but is not limited to the proposed use, operational hours, number of employees, visitor estimates, and parking. They may need to provide detailed site and/or floor plans and statements explaining how the project is consistent with the General Plan and compatible with the neighborhood.
• The complete application and required documents would need to be uploaded through the online portal.
Staff Review:
• City staff will verify that all submittal requirements are met. The applicant is notified if additional information is needed.
• Once determined complete, the applicant is circulated to internal staff, and if needed, outside agencies. This is called Development Review (DevRev).
• While awaiting internal staff review, Planning Staff reviews application for compliance with the General Plan, Zoning Ordinance (Merced Municipal Code Title 20) and all other applicable codes and standards (CEQA, CA State law, development guidelines etc.)
• Planning Staff collects comments and recommendations (if provided) and determines conditions for the potential consideration and approval.
City staff can recommend approval of the use permits if the following reasons or “findings” are made:
1. The proposed use is consistent with the purpose and standards of the zoning district, the general plan, and any adopted area or neighborhood plan, specific plan, or community plan.
2. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.
3. The proposed use will not be detrimental to the public health, safety, and welfare of the city.
4. The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.
If the application is to request a minor use permit, and the request meets all the requirements above, staff will approve it with conditions of approval. If the consideration is for a conditional use permit, then staff will place the consideration on a Planning Commission Agenda.
Planning Commission Review:
• City staff will determine a Planning Commission meeting that allows for proper public notification. Though California State law allows for some public hearings to be noticed at 10 days in advance, the City defers to a 20-day notification for all public hearings. That 20-day period starts the day City staff sends out the notification via U.S. mail to the nearby property owners. A public notice is also posted with our local paper/media outlet.
• The City of Merced notifies property owners within 300 feet of a location about the request.
• At the meeting, City staff presents the application and, usually, reasons for approval.
• Planning Commission will review the application based on City code and its consistency with the General Plan.
• The Commission will hear from the applicant, if they are present, and the public, if the public chooses to speak on the project.
• If the Commission determines that the project meets City requirements and wishes to approve, they, like staff, would have to make the findings to approve the request.
• If the Planning Commission considers denying the request, they would have to give reasons or, again, “findings” for denial.
For the City of Merced, that would enact the entitlement. However, the public or the applicant can appeal a use permit decision. For an MUP, that appeal would be heard by the Planning Commission. For a CUP the appeal would be heard by the City Council.
Processing Time:
Processing times for an MUP or CUP can vary, but the City typically takes around six weeks for a basic CUP, other applications could take more. An MUP could take less.
Pre-Application:
The city encourages prospective applicants to request a pre-application review with City staff before completing and filing a permit application.
The purpose of a pre-application conference is to:
a. Inform the applicant of city requirements as they apply to the proposed project;
b. Review the city's review process, possible project alternatives and conditions, or modifications; and,
c. Identify information and materials the city will require with the application, and any necessary technical studies and information relating to the environmental review of the project.
Any fee paid for a pre-application is credited toward the full fee.
Many more complicated projects benefit from this early discussion. However, for CUPs or MUPs, the projects may be simple and not require a preliminary review.
ATTACHMENTS
A) MMC Section 20.68.020 - Conditional Use and Minor Use Permits
B) MMC Title 20, Part 2 - Zoning District Standards
C) MMC Chapter 20.66 - Permit Application and Review