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Planning Case No. 452-96 all New Apostolic Church; 3025 County Road H September 4, 1996 Page 10 Criteria from Section 1125.01: Amendments and Conditional Uses Section 1125.01 describes the purpose of conditional use permits, and includes criteria for granting these permits. • Purpose: The purpose of a conditional use permit is to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare,public health and safety. At your August 21 meeting, the Planning Commission asked staff to discuss with the City Attorney the degree of discretion which the Planning Commission has in making its recommendation on a conditional use permit. City Attorney Bob Long has provided a letter dated August 29, 1996 which discusses this issue. It states in part: "The Planning Commission(serving either as the Planning Commission or as the Board) and the City Council retain full discretion to grant or deny a conditional use permit or variance request based on whether or not the CUP or variance request meet the criteria as set forth in the Code. The Planning Commission and City Council are not in any way obligated by the actions or undertakings of a(n) applicant prior to a public hearing on a conditional use permit or variance nor is either body bound by the earlier communications between city staff and an applicant. The only proper considerations for the Planning Commission or City Council to consider in granting or denying a conditional use permit request or variance request is whether such request meets all of the criteria set forth in the Code, taking into consideration the testimony of the applicant and the reports and recommendations of the City planning staff" (Copy attached.) Conditional uses are distinguished from permitted uses for a reason. These uses are subject to greater scrutiny because they have the potential for creating greater impacts than the permitted uses in a given district. The criteria for granting conditional permits are intended to assess, in part, the suitability and compatibility of such uses with adjacent permitted uses. The criteria are noted below, and have been grouped to avoid repetitive discussion. Criteria for Granting Conditional Use Permits: In granting a conditional use permit,the City Council shall consider the advice and recommendations of the Planning and Zoning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of occupants of surrounding lands. Among other things,the City Council shall make the following findings where applicable: (1) The use will not create an excessive burden on existing parks,schools,streets and other public facilities and utilities which serve or are proposed to serve the area. • (7) The use will not cause traffic hazards or congestion.