Land-use glossary
Conditional use permit
Also: CUP · Use permit
Permission to operate a use that a zone allows only case by case, subject to conditions.
Some uses can fit in a zone but need a closer look at a particular site: a drive-through, a school, a bar, a cell tower, a cannabis business. The zoning code lists these as conditionally permitted.
A CUP is quasi-judicial: a hearing officer, zoning administrator or planning commission holds a public hearing, decides whether the required findings can be made, and attaches conditions such as hours, parking or noise limits. The decision can usually be appealed to the next body up, often the city council.
A CUP generally runs with the land, not the owner, and can be revoked if its conditions aren't met.
What to look for on the agenda
- The required findings and whether staff recommends them
- The conditions of approval, especially hours and operations
- Whether the permit replaces or modifies an earlier one
- The appeal deadline after the decision
Recent examples in San Diego County
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San Diego · Oct 7
11095 Carmel Mountain Road – Project No. PRJ-1150122 -
San Diego · Sep 23
La Fitness 4665 Clairemont Drive – Project No. PRJ-1140684 -
San Diego · Sep 23
11095 Carmel Mountain Road – Project No. PRJ-1150122 -
Imperial Beach · Sep 16
El Tapatio Catering Seeks Approval of a Time Extension for Use Permit No. 23-0045, to Construct a Two-Story Addition to an Existing Building Located at 667 Silver Strand Blvd, and a California Environmental Quality Act Categorical Exemption. (0600-20) -
San Marcos · Sep 9
Integrity Pet Cremation Conditional Use Permit (CUP26-0001)
Where the rules come from: Cal. Gov. Code §65901 and each city's zoning ordinance. Each city's own code adds its details.
Related terms
A general explainer, not legal advice. How we work.