Conditional Use Permit

A Conditional Use Permit (CUP) or Provisional Use Permit (PUP) is a discretionary approval for particular land uses that may have unique or special impacts in a particular location. These uses are identified either in the Zoning Code as needing a CUP before operating, or in a Precise Plan as needing a PUP before operating.

Special operational requirements or limitations may be part of the City approval, depending on the nature and operations of the business, the site context, and its impacts on neighboring properties. The City of Mountain View is divided into zoning districts which govern the permitted uses that owners may have on their property. Some uses are permitted, others are conditionally permitted with a CUP, and the remainder are prohibited. Note: A use permitted in one zoning district may require a CUP in another zoning district, based on the neighborhood context and proximity to sensitive populations or environments.

What's the difference between a CUP and PUP?

A Conditional Use Permit and a Provisional Use Permit are effectively the same permit but with a difference in the underlying zoning of the property. A CUP is a permit type for a site located in a standard zoning district (e.g. Commercial Services (CS) district, Multifamily Residential (R3) district) and a PUP is a permit type for a site located in a Precise Plan (e.g. El Camino Real Precise Plan).  The same permit application requirements, review process, and required findings for approval apply to CUPs and PUPs.

To submit a CUP or PUP, the following materials are required:

1. A completed Planning Permit Acknowledgement Form.
2. A business description letter that includes:
   • description of the business operation and days/hours of operation
   • number of employees and clients
   • any special type of equipment that may be used for the business (e.g. a wet lab, vehicle storage inside of building, etc)
   • reason(s) the use is appropriate for the area.
3. One set of electronic plans with information noted under Requirements.

Example projects that require a CUP or PUP

• Multifamily or commercial roofdeck patio
• Senior care facility
• Studio for dance, art, music, photography, martial arts, etc.
• Bar or restaurant
• Medical office

Permit Required

A Conditional Use Permit is required from the Planning Division.

Additional permits/licenses that may be required:

• A planning permit for building facade or site improvements 
• A building permit may be required if building or site improvements are proposed
• An excavation permit if improvements are proposed in the public right-of-way (e.g. public street, utility upgrades, new public sidewalk)
• A City business license to operate in the city

Cost

For Conditional Use Permits:

• Standard fee: $5,704
• Childcare Center fee: $1,889

For Provisional Use Permits: $3,622

Timeline

Typical Time to Receive Permit:

• Without Building/Site Improvements: 3 months, with an Administrative Zoning public hearing.
• With Building/Site Improvements: 3 to 6 months, with an Administrative Zoning public hearing.
• With New Building/Major Construction: 6 to 9 months, with an Administrative Zoning public hearing.

Process

1. Submit an application online to the Planning Division. 
2. Once your application inquiry is received, City Staff will follow up with you to coordinate submitting required materials.
3. Once your application is received, City staff has 30 days to determine if your application is complete or if additional information or corrections are required. Your permit will be reviewed by other City Departments.  
4. If corrections are required or you have missing/incomplete information, then you will need to address the corrections or requests for additional information and resubmit online. 
5. City staff will review your resubmittal within 30 days to confirm you have addressed all comments and corrections. Each subsequent review cycle City staff has 30 days to give you comments. 
6. Once your application is complete and in good order, your permit will be scheduled for review at an Administrative Zoning public hearing, where a final decision will be made. Note: Due to City noticing requirements for a public hearing, a complete application cannot be scheduled sooner than 30 days in advance of the scheduled hearing date. 
7. At the public hearing, the applicant, property owner, and/or a representative familiar with the business must be present to address any questions raised by the Zoning Administrator and the public. Following the hearing, you will receive a copy of the final permit.

Noticing of the hearing to review the application request includes: mailed postcards to all property owners/tenants within 750' of the subject property; noticing in the newspaper 14 days in advance; posting of the public hearing agenda, key application materials, and staff's recommendation on the permit 5 days in advance of the hearing at mountainview.legistar.com; and attendance at the public hearing, where the public can provide comments.

Appeal Period: After you have received approval of your CUP or PUP at an Administrative Zoning public hearing, there is a 10 calendar day appeal period. During this period, you cannot submit for any other city permit, including building permits.  

Requirements

The plan set must include the following information:

1. A Cover Sheet with the property address, assessor parcel number (APN), current zoning district, proposed construction and occupancy type as defined by Building Code, and the following site details:
   • Lot Area
   • Square Footage of tenant space
   • Floor Area Ratio (FAR) calculation
   • Total number of vehicle parking spaces on-site, number of bike parking spaces, and number of accessible parking spaces.
2. A Vicinity Map that shows a small schematic map of the project site location within the City (1/2 mile radius) and a map showing transit links and distance to nearest transit stops (bus stop, train station, etc).
3. A Site Plan that includes:
   • Dimensioned property lines
   • Footprint of all structures on site
   • Adjacent streets labeled
   • Dimensioned and labeled parking area, stalls, driveway aisles, loading areas
   • Setbacks of building
   • Identify trash/recycling enclosure
4. A Floor Plan that includes:
   • Existing dimensioned floor plan, noting any areas of demolition or proposed changes
   • New dimensioned floor plan

If exterior building or site improvements are proposed, or extensive interior renovations are proposed in tandem with the CUP or PUP, the Planning Division may require any of the information identified in the Formal Review Checklist. 

What are the criteria for granting approval?

The City Code requires City staff to be able to make the following findings in order to approve a Conditional Use Permit or Provisional Use Permit:

1. The proposed use is conditionally (or provisionally) permitted within the subject zoning district (or Precise Plan);
2. The proposed use is consistent with the General Plan;
3. The location, size, design and operating characteristics of the proposed use are compatible with the site and building character and environmental conditions of existing and future land uses in the vicinity; 
4. Any special structure or building modifications necessary to contain the proposed use would not impair the architectural integrity and character of the zoning district in which it is to be located; and
5. The approval of the Conditional Use Permit (or Provisional Use Permit) for the proposed use complies with the California Environmental Quality Act (CEQA).

What kinds of special requirements or limitations might be imposed on a CUP or PUP?

Conditions of approval that may be placed on CUPs/PUPs include:

• Limits on the days or hours of operation.
• Limit on the number of patrons, clients or employees that can be on site at peak time.
• Requirements for managing on-site parking, such as creation of a Transportation Demand Management (TDM) program, shared parking, flexible work schedules, etc.
• Certain loading truck circulation or specific hours for deliveries.
• Require new or upgraded landscaping and trees on property, if site improvements are proposed.
• Require public sidewalk and/or vehicle driveway curbs/ramps to meet City's current width and design standards, if substantial improvements are proposed to site. 
• A requirement to hold a follow-up Administrative Zoning public hearing to review operational compliance.