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Discretionary Permits

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Summary

This brochure describes different the types of discretionary permits issued by the Planning Division of the Santa Cruz County Community Development & Infrastructure Department. Usually, discretionary permits are approved with conditions for construction or performance.

Use Permits

Use permits are issued for uses not allowed by right. Larger or more intensive uses typically require higher levels of approval. There are four basic types of use permits, described in Chapter 18.10 of the Santa Cruz County Code:

MUP – Minor Use Permit1
MUPs are reviewed by a Principal Planner without public notice.
Examples: New vacation rental with less than three bedrooms, dance education less than 10,000 sq.ft. in some commercial districts, farm stay or agricultural service business in an agricultural district.
AUP – Administrative Use Permit2
AUPs are reviewed by a Principal Planner after public notice is sent to neighbors, posted online, published in a newspaper and advertised by sign onsite.
Examples: vacation rental renewal, outdoor café area with more than 12 seats in a Community Commercial zone district, a community garden in the Neighborhood Commercial district, or a mid-size winery in an agricultural district.
CUP – Conditional Use Permit3
CUPs are approved at a noticed public hearing, either before the Zoning Administrator (CUP), before the Planning Commission (CUP-PC) or before the Board of Supervisors (CUP-BOS).
Examples: Vacation rental with more than three bedrooms, home occupation with outdoor activity, skilled nursing facility, public riding stable (Zoning Administrator), minor land division or small subdivision (Planning Commission), subdivision of 20 lots or more (Board of Supervisors).
ZC – Zoning Clearance
Zoning Clearances are ministerial; most are approved over-the-counter.
Examples: Commercial change of use with no intensification, hosted rentals, certain wireless facilities.

Most discretionary permits require findings (18.10.230(A)) for consistency with County Code and General Plan, environmental regulations, neighborhood compatibility, parking requirements and health and safety.

 
1Previously a Level 3 Discretionary Permit
2Previously a Level 4 Discretionary Permit
3Previously a Level 5 Discretionary Permit (Zoning Administrator), Level 6 (Planning Commission) or Level 7 (Board of Supervisors)
 

Site Development Permits

A discretionary permit for physical development or improvement of a site is known as a Site Development Permit (SDP). Certain types of development are permitted by right and other types of development require an SDP as indicated in section 13.11.037: Site Development Permit Chart.

MSP – Minor Site Development Permit
MSPs are reviewed by a Principal Planner without public notice.
Examples: commercial additions and storage sheds less than 500 sq.ft., minor riparian exception, significant tree removal permit, temporary permit, minor variation permit amendment.
ASP – Administrative Site Development Permit
AUPs are reviewed by a Principal Planner after public notice is sent to neighbors, posted online, published in a newspaper and advertised by sign onsite.
Examples: vacation rental renewal, outdoor café area with more than 12 seats in a Community Commercial zone district, a community garden in the Neighborhood Commercial district, or a mid-size winery in an agricultural district.
CSP – Conditional Site Development Permit
CUPs are approved at a noticed public hearing, either before the Zoning Administrator, the Planning Commission or the Board of Supervisors.
Examples: residential development of 11-15 dwelling units (ZA) or more than 15 dwelling units (Planning Commission), large dwelling of 5,000 sq.ft. or more (ZA), commercial construction of 5,000 – 10,000 sq.ft. (ZA) or greater than 10,000 sq.ft. (Planning Commission), coastal permit, variance.

Site development permit findings (18.10.230(A)) require physical compatibility and compliance with County Design Guidelines. The Permit Structure Table below summarizes permits through Zoning Administrator level.

Level Nomenclature Type of Permit or Clearance1; New Framework Nomenclature Type of Action Public Notice Public Hearing Appeal Decision Maker; Who May Appeal
PLANNING DIRECTOR OR DESIGNATED STAFF AS APPROVING BODY
Level I, Level II Zoning Clearance (ZC) Envoironmental Clearance (EC) Ministerial No No Planning Director, for certain action (18.10.320);
Applicant/Property Owner only
Level III Minor Permit
MUP, MSP		 Discretionary No No Zoning Administrator;
Applicant/Property Owner only
Level IV Administrative Permit
AUP, ASP		 Discretionary Yes,
18.10.
116(A)		 No Zoning Administrator;
Any party
ZONING ADMINISTRATOR AS APPROVING BODY
Level V Conditional Permit
CUP, CSP		 Discretionary Yes Yes Planning Commission;
Any party
 
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