06-10-2021 Planning Commission Packet

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Conditional Use Permits and Variances Sub-Chapter 16: Application Reviews Page 917-17 The Community Development Director is authorized to review and provide recommendations to the Planning Commission and City Council in accordance with the procedures and standards of this Chapter. At the discretion of the Community Development Director, the Development Review Committee may provide advice on Conditional Use Permits. (G) Planning Commission The Planning Commission shall adopt findings and recommendations for the City Council on the proposed conditional use permit. (H) City Council The City Council shall hold a public hearing on the conditional use permit. After considering the Planning Commission recommendation, the City Council may adopt the conditional use permit or any part thereof in such form as it deems appropriate. Approval of a conditional use permit shall require a majority vote of the City Council. The Council shall consider the request(s) in light of the conditional use review criteria listed above, and render a decision. In approving a conditional use, the City Council may impose conditions on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent properties. Denial of any request shall be accompanied by findings of fact as to how the request did not meet one or more of the review criteria. (I) Once a Conditional Use Permit is granted, a certified copy of the CUP, including a detailed list of all approved conditions and a legal description of the land, shall be recorded with the County Recorder or the Registrar of Titles. (J) Effect of a Conditional Use Permit Approval (1) Issuing a Conditional Use Permit shall authorize only the improvements approved by the City Council; (2) A Conditional Use Permit, including any conditions, shall “run with the land” and shall not be affected by a change in ownership. (K) Subsequent Development Development authorized by the Conditional Use Permit shall not be carried out until the applicant has secured all other approvals required by this ordinance or any other applicable ordinances or regulations. Approval of a Conditional Use Permit does not imply that any related application will be approved. (L) Revocation of a Conditional Use Permit In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the conditional use permit. Before the revocation is considered, the Council shall hold a public hearing after proper written notice has been issued. Following the hearing, the Council may revoke the Conditional Use Permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.