California Real Estate SalespersonProperty Ownership and Land Use ControlsMedium
A developer wants to build a hospital in a zone that permits hospitals only with special governmental approval due to traffic and noise concerns. Which land use approval must the developer obtain?
- AA zoning variance
- BA general plan amendment
- CA conditional use permit
- DA certificate of occupancy
Show answer & explanationAnswer & explanation
Correct answer: C. A conditional use permit
A conditional use permit (CUP) allows a use that is recognized as appropriate for a zone but only under specific conditions imposed by the local government to mitigate impacts like traffic or noise.
Why the other options are wrong
- A. A variance addresses physical development standards (like setbacks or height), not authorization for a use type.
- B. A general plan amendment changes the broader planning document, not a specific project approval.
- D. A certificate of occupancy is issued after construction to confirm building code compliance, not land use approval.
Conditional Use Permit (CUP)
A discretionary approval allowing a specific use in a zone where it is conditionally permitted, subject to conditions addressing community impacts.
- Used for uses like hospitals, churches, or daycare centers in restrictive zones
- Conditions may address traffic, noise, hours of operation
- Different from a variance, which addresses physical dimensional standards
Memory trick: CUP = 'Conditionally Usable Permit' for special uses.