WHAT IS A CONDITIONAL USE PERMIT?
There are certain uses of land, or types of business, that have an impact on their community. The City Council strictly controls such uses through the Conditional Use Permit process. Conditional Use Permits are approved by the Planning Commission and may be appealed to the City Council.
Conditional uses are only allowed with the approval of a Conditional Use Permit. Examples of such uses are listed below.
- Drinking Establishments
- Food Trucks
- Fueling Stations
- Entertainment Establishments
- Bars, or Restaurants that include a Bar
- Off Site Alcohol Sales
DO I NEED ONE?
All the items above require a Conditional Use Permit. There are other instances when one is required, as well. For additional uses for which a Conditional Use Permit would be required, please check the City’s Zoning under specific zoning districts. Or contact the Planning Division to inquire if your project requires a Conditional Use Permit.
WHO APPROVES CONDITIONAL USE PERMITS?
The Planning Division staff makes a recommendation which it forwards to the Planning Commission. The Planning Commission makes the decision and can approve, conditionally approve, or deny the permit. The Planning Commission usually meets every third Wednesday. The Commission listens to the concerns of the applicant and neighboring citizens, discusses the issues, and votes on the proposal.
The Planning Commission’s decision may be appealed directly to the City Council. It presides over another public hearing, at which more public input is provided. The decision of the City Council is final.
WHAT FACTORS ARE THEIR DECISION BASED ON?
There are numerous factors which are considered by themselves, and as a whole. The proposed use must meet the zoning and General Plan requirements for the site. It must maintain the health, safety, and welfare of the community, and should be compatible with the existing surrounding uses. The site must also be able to accommodate the proposed use. Other items considered are listed below.
- Parking
- Building size
- Building placement/ set back req.
- Access to streets and utilities
- Hours of operation
- Noise level
- Landscaping
- Traffic generation
- Expiration date of the permit
WHAT IS ENVIRONMENTAL REVIEW?
Besides addressing the factors previously listed, State law requires analysis of each project’s potential environmental effects. This accomplished through the environmental review process. A separate form for environmental review, is therefore, required. For more information on this process, please contact our planning staff.
WHAT DO I NEED TO FILE?
The items to be included are described in detail on the application form. They are summarized below.
- Completed Application
- Property owner’s signature
- Environmental review Questionnaire
- Filing fees
- Legal description of the property
- Development plans consisting of: Site, Elevation, Landscaping and Floor Plans (when applicable)
HOW LONG DOES IT TAKE?
In most cased, the process takes about sixty to ninety days. You can help expedite the review process by making sure your application is correctly filled out and your proposal is clearly stated. The Planning Divisions will be happy to answer your questions regarding any application requirement.
Please Feel Free to Contact Us.
Mark Pereida: General Service Manager, CBO, FCO
(209)-357-6346 Email: mpereida@atwater.org
Greg Thompson: Senior Planner
(209)-357-6342
Email: gthompson@atwater.org
Scott Ruffalo: Planning: Planning Technician
(209)-357-6369
Email: sruffalo@atwater.org
