What do veterinarians, delicatessens, greenhouses and tutoring schools have in common? They are all among the small businesses that now benefit from a newly streamlined permit process approved by the Carlsbad City Council to establish new operations in the City, allowing them to save significant time and money.

Conditional Use Permits (CUPs) are required for businesses that want to locate in areas where the zoning regulations don't specifically permit them. For example: A tutoring school or bed and breakfast wants to set up shop in an area zoned for residential use, thus requiring a conditional use permit. This conditional use permit request then must go through a lengthy review process that includes a public hearing before the Carlsbad City Planning Commission. In addition, the business must pay a fee of $3,735.

Don Neu, AICP, Assistant Planning Director for the City of Carlsbad, says a recent Planning Department survey revealed the need to revisit the requirement for this type of permit for certain types of small businesses that weren't likely to draw any opposition. In fact, they would likely be welcomed into the community. Neu says many of those surveyed, both citizens and various City departments, agreed that more permits could be granted through an administrative process instead. He also said this discussion received one of the highest number of responses from both internal and external survey participants.

"The City’s primary objective in conducting the survey and completing the assessment was to improve customer service by deleting steps from the development review process that do not add value," said Neu.

The Carlsbad Planning Department used the feedback to revise the CUP process, creating three new categories approved by the City Council in February 2006.

Now, some conditional uses may be approved administratively by the Planning Director, eliminating a Planning Commission hearing. The decision, however, may be appealed to the Commission. By streamlining the process, the price of the permit drops to just $630.

Businesses that now qualify include: veterinary clinics; bed and breakfasts; delicatessens; satellite antennas; wireless communication facilities that comply with the City's 'stealth design guidelines'; greenhouses of less than 2,000 square feet; small recycling/collection facilities in commercial and industrial zones and training and tutoring schools for cosmetology, pet grooming, music, dance, martial arts, gymnastics and language.

The majority of conditional uses processed in the City still require approval by the Planning Commission. Examples in this category include gas stations and car washes; places of worship; bars and liquor stores; hotels and motels in commercial zones; drive-thru facilities and wireless communication facilities that are not located in preferred locations and do not comply with stealth design guidelines.


At the same time, protections for unique and/or potentially controversial conditional uses were strengthened. City Council approval, rather than Planning Commission, is now required for these uses. Examples include amusement parks, fairgrounds, stadiums, airports, cemeteries, oil and gas facilities, hazardous waste facilities and public dumps.

Some previously permitted conditional uses in specific zones are no longer allowed because they are not considered acceptable to the community under Carlsbad's stringent planning principles. Examples are gas stations, drug paraphernalia stores, pool halls, escort services, bowling alleys, coin operated arcades and racetracks in the open space and exclusive agricultural zones.

The City has ongoing authority over all conditional use permits and may revoke the permit or modify or add new conditions to the permit through a noticed public hearing. Anytime a permit is approved, the decision-making authority can put an expiration date on that permit.

"The City Council has stressed that City Government be responsive to the needs of the community while also maintaining high standards for development," said Neu. "This has allowed staff to continue to evaluate city regulations and processes to maintain consistency with the City Council’s objectives."

Neu says if this revision proves to be effective, in the future the code could be amended to move other conditionally permitted uses to a permitted use category or the minor CUP category, further streamlining the process.

keyboard_arrow_up