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Oak035173 - CUP-general findings (4-14-11)

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L:\Zoning Forms\CUP findings Revised 04/14/11
CONDITIONAL USE PERMIT INFORMATION
What is a
Conditional Use
Permit?
The Zoning Ordinance describes two different types of uses in each
zoning district: 1) permitted uses; and 2) conditional uses. Conditional
uses are those which require special consideration from the City. The
Conditional Use Permit (CUP) process provides the City with the
flexibility to determine if a specific use at a certain location will be
compatible with the neighborhood.
In reviewing a CUP, the Planning Department relies upon the specific
findings of Section 17.134.050 of the Zoning Ordinance.
REQUIRED C.U.P. FINDINGS PURSUANT TO SECTION 17.134.050
Conditional Use Permits are granted only when all of the following findings can be made:
Compatible with the
Neighborhood
That the location, size, design, and operating characteristics of the
proposed development will be compatible with and will not adversely
affect the livability or appropriate development of abutting properties
and the surrounding neighborhood, with consideration to be given to:
1) harmony in scale, bulk, coverage, and density; to harmful effect, if
any, upon desirable neighborhood character;
2) the generation of traffic and the capacity of surrounding streets; and
3) any other relevant impact of the development.
An Asset for the
Neighborhood
That the location, design, and site planning of the proposed
development will provide a convenient and functional living, working,
shopping, or civic environment, and will be as attractive as the nature
of the use and its location and setting warrant.
Enhances the Area
That the proposed development will enhance the successful operation
of the surrounding area in its basic community functions, or will
provide an essential service to the community or region.
Meets Design Review
Standards
That the proposal conforms to all applicable Regular Design Review
criteria set forth in the design review procedure in Section 17.136.050.
Complies with the
General Plan and other
adopted City Plans
That the proposal conforms in all significant respects with the Oakland
General Plan and with any other applicable plan or development
control map which has been adopted by the City Council.
L:\Zoning Forms\CUP findings Revised 04/14/11
CITY OF OAKLAND
CONDITIONAL USE PERMIT FINDINGS
The Zoning Ordinance describes two different types of uses in each zoning district: 1) permitted uses; and 2) conditional uses.
Conditional uses are those which require special consideration from the City.
The Conditional Use Permit (CUP) process provides the City with the flexibility to determine if a specific use at a certain location will
be compatible with the neighborhood. Conditional Use Permits can only be granted if all of the following general Use Permit
findings from Section 17.134.050 can be made:
Please indicate the way in which the proposal meets the following required criteria. Attach additional sheets if
necessary.
A. The location, size, design, and operating characteristics of the proposed development will be compatible with, and
will not adversely affect, the livability or appropriate development of abutting properties and the surrounding
neighborhood, with consideration to be given to harmony in scale, bulk, coverage, and density; to the availability of
civic facilities and utilities; to harmful effect, if any upon desirable neighborhood character; to the generation of
traffic and the capacity of surrounding streets; and to any other relevant impact of the development:
B. The location, design, and site planning of the proposed development will provide a convenient and functional living,
working, shopping, or civic environment, and will be as attractive as the nature of the use and its location and setting
warrant:
C. The proposed development will enhance the successful operation of the surrounding area in its basic community
functions, or will provide an essential service to the community or region:
L:\Zoning Forms\CUP findings Revised 04/14/11
D. The proposal conforms with all applicable Regular Design Review criteria set forth in Section 17.136.050 of the
Oakland Planning Code:
E. The proposal conforms in all significant respects with the Oakland General Plan and with any other applicable plan or
development control map which has been adopted by the City Council.
F. For proposals involving a One- or Two-Family Residential Facility: If the Conditional Use Permit concerns a
regulation governing maximum height, minimum yards, or maximum lot coverage or building length along side lot
lines, the proposal also conforms with at least one of the following criteria:
1. The proposal when viewed in its entirety will not adversely impact abutting residences to the side, rear, or directly
across the street with respect to solar access, view blockage and privacy to a degree greater than that which would be
possible if the residence were built according to the applicable regulation, and, for conditional use permits that allow
height increases, the proposal provides detailing, articulation or other design treatments that mitigate any bulk created
by the additional height;
- OR -
2. At least sixty (60) percent of the lots in the immediate context are already developed and the proposal would not
exceed the corresponding as-built condition on these lots, and, for conditional use permits that allow height increases,
the proposal provides detailing, articulation or other design treatments that mitigate any bulk created by the additional
height. The immediate context shall consist of the five closest lots on each side of the project site plus the ten closest
lots on the opposite side of the street (see illustration I-4b); however, the Director of City Planning may make an
alternative determination of immediate context based on specific site conditions. Such determination shall be in
writing and included as part of any decision on any conditional use permit.
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Completed 16 March 2020

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