Department Navigation Home Page City Calendar City Government Navigation Job Info Navigation Services Navigation Community  Navigation City of Santa Clara
Use Permits
 
Use Permit Procedures
 
Within most zoning districts, certain uses are designated "conditional" and are allowed by Use Permit approval only (see Article 55 of the Zoning Ordinance). These are typically uses which have the potential of adverse impact and therefore, require more review than other uses which are allowed without Use Permit approval.
 
A non-refundable filing fee is charged as shown in the Schedule of Fees. Application is made to the Permit Center in City Hall, 1500 Warburton Avenue. The applicant completes the petition for Use Permit. The property owner's signature should be obtained by the applicant.

Twelve (12) copies of a fully dimensioned plot plan, floor plans and elevation drawings of proposed structures (plus a clear 8-1/2" x 11" transparency of each of the above drawings) should accompany the application. Detailed instructions are provided on the application form.

 
The Planning Commission conducts public hearings generally twice a month on matters such as use permits. Applications must be submitted approximately thirty days before the scheduled Planning Commission public hearing consideration. Specific submittal deadline dates are available in the Permit Center.

When an application is received in Planning, it is date-stamped, receipted and tentatively listed in the Planning Commission meeting log and the Project Clearance Committee log. The two projected meeting dates are noted at the bottom of the front of the application form.

The file number is noted on the correct parcel in the assessor's book. Related file numbers are read from the assessor's book and VISO strips and noted on the bottom of the back side of the application form and inside the front cover of the file folder.

Information about the application is entered into the Records Management System residing on the Data General computer.

Coordination reports are prepared and a copy of the plot plan is forwarded to the appropriate City departments and non-City agencies for review and comment. A planner prepares a marked copy of the proposed plot plan.

Approximately seven to ten days after transmittal, the use permit application is considered by the Project Clearance Committee. All agency concerns regarding the application are discussed as well as necessary design changes, recommended conditions of approval and environmental findings. The applicant and/or a representative is encouraged to attend. The Committee must determine if the application contains all necessary information in order to be deemed complete. Copies of the minutes are mailed to each owner and applicant approximately five days after Project Clearance Committee review.

When the Committee determines a Negative Declaration or Environmental Impact Report is required, the appropriate process must be completed prior to scheduling the item for public hearings.

At least ten days prior to the Planning Commission meeting, property owner's Notices of Hearing are mailed to all property owners within a three hundred foot radius of the property. Ten days prior to the meeting, notices are posted on public poles in the immediate area of the proposal. Concerned citizens may contact the Planning Division and submit written comments regarding the application. They may also formally address the Planning Commission at the Public Hearing regarding the proposal.

If a concerned citizen later chooses to challenge a land use decision of the Planning Commission (or Council), he or she may be limited to raising only those issues raised at the public hearing or in written correspondence delivered to the Planning Division or Planning Commission at, or prior to the public hearing.

Staff prepares a report for each item on the Planning Commission agenda. At their meeting, the members of the Planning Commission review staff recommendations, public testimony and the applicant's presentation. The Commission then acts to approve or deny the application based on specified findings.

In order to approve the Use Permit request, the Commission must make necessary findings that the establishment, maintenance or operation of the use or building applied is compatible with the City's goals and objectives.

With regards to concurrent sales of beer and wine and motor vehicle fuel, please also review the Use Permit requirements of Article 34 - Service Station Regulations.

With regard to Specified Regulated Businesses, such as adult theaters, adult bookstores and massage parlors, please also review the requirements of Article 35 of the Zoning Ordinance.

Findings for approval are usually accompanied by conditions of approval. Within ten days, minutes of the Planning Commission meeting are prepared for public review. The action of the Commission is final unless appealed. The owner/applicant or any concerned person may file an appeal of the Commission action with the City Clerk for hearing by the City Council. Any such appeal must be filed within 7 calendar days of the Commission action and must be accompanied by the appeal fee.

The City Council may appeal an action of the Planning Commission at the time of the Council review of the Planning Commission minutes.

Conditions of Use Permit approval should be implemented within ninety days of approval, but not later than the start of operation of the conditional use. If the use is not in operation or under construction within two years, an extension request must be filed (for up to a maximum of two years). If no extension is filed or if the Planning Commission denies the extension, the use permit becomes null and void.