Conditional and Minor Use Permits

Santa Clara City Code ch. 18.114

in effect

Santa Clara City Code § 18.114.010 Purpose

A. Purpose. The purpose of this Chapter is to provide procedures for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and its surroundings cannot be determined before being proposed for a specific site. B. Special Consideration. Certain types of land uses may require special conditions in a particular zone or physical location within the City because they possess unique characteristics or present special challenges that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable effects on the surrounding area. C. Intent. The Conditional and Minor Use Permit procedures are intended to provide sufficient flexibility in the use regulations to further the objectives of this Zoning Code and to provide the City with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location.

Santa Clara City Code § 18.114.020 Applicability

Approval of a Conditional or Minor Use Permit is required to authorize proposed land uses specified by Article 2 (Zones, Allowable Uses, and Development Standards) as being allowable in the applicable zone when subject to the approval of a Conditional or Minor Use Permit.

Santa Clara City Code § 18.114.030 Application Filing, Processing, and Review

A. Filing and Processing. An application for a Conditional and Minor Use Permit shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures). B. Application Contents. The application shall include the information and materials specified in the most up-to-date Department handout for Conditional and Minor Use Permit applications, together with the required fee in compliance with the Fee Schedule. C. Responsibility. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.114.050 (Findings and Decision), below. D. Initial Review. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.060 (Initial Review of Application). E. Applicable Review Authority. 1. Minor Use Permits. a. Except as provided in Subparagraph b below, Minor Use Permits shall be reviewed and either approved or denied by the Director. b. The Director may choose to refer any Minor Use Permit application to the Planning Commission. 2. Conditional Use Permits. Conditional Use Permits shall be reviewed and either approved or denied by the Planning Commission.

Santa Clara City Code § 18.114.040 Project Review, Notice, and Hearing

Each application for a Conditional Use Permit and Minor Use Permit shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. A. Minor Use Permits. Before a decision on a Minor Use Permit is made, the City shall provide notice in compliance with Chapter 18.146 (Public Notices and Hearings), and as follows. 1. Notice Required. a. The notice shall state that the Director will decide whether to approve, conditionally approve, or deny the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. b. Any written request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings specified in Section 18.114.050 [Findings and Decision], below). c. If the Director determines that the evidence has merit and can be properly addressed by a condition(s) added to the Minor Use Permit approval, the Director may consider the permit in compliance with Subparagraph 2. b., below. 2. Hearing. a. A hearing before the Director shall be scheduled, noticed, and conducted in compliance with Chapter 18.146 (Public Notices and Hearings) if either of the following apply: (1) If a public hearing is requested and the provisions of Subparagraph A. 1. c., above, do not apply; or (2) The Director determines that a hearing would serve the public interest. b. In all other circumstances, the Director shall render a decision on the date specified in the notice referred to in Subparagraph A. 1. a., above. 3. Appeals. The Director’s decision is appealable, once only, to the Planning Commission in compliance with Chapter 18.144 (Appeals). No appeal may be taken from a Planning Commission decision on such an appeal. B. Conditional Use Permits. 1. The Planning Commission shall conduct a public hearing on an application for a Conditional Use Permit before making a decision on the application. 2. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings). 3. The Planning Commission’s decision is appealable to the Council in compliance with Chapter 18.144 (Appeals).

Santa Clara City Code § 18.114.050 Findings and Decision

The Review Authority may approve or conditionally approve a Conditional or Minor Use Permit only after first making all of the following findings: A. The proposed use is consistent with the General Plan and any applicable specific plan; B. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Zoning Code and the City Code; C. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity; D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare; and E. The subject site is: 1. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 2. Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate.

Santa Clara City Code § 18.114.060 Conditions of Approval

When considering approval of a Conditional or Minor Use Permit, the Review Authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 18.114.050 (Findings and Decision), above.

Santa Clara City Code § 18.114.070 Permit to Run with the Land

A. A Conditional or Minor Use Permit approved in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter, except as specified in Subparagraph B., below. B. Any Conditional or Minor Use Permit that is not actively exercised for a continuous period of 12 months shall become invalid and shall not be reestablished without issuance of a new permit.

Santa Clara City Code § 18.114.080 Post-Decision Procedures

The procedures and requirements in Chapter 18.128 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Conditional or Minor Use Permit application.

Source: City of Santa Clara Zoning Code (santaclaraca.gov PDF)URL: https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/zoningFetched: 10/24/2026