(A) Generally. When the Code Enforcement Officer has certified that the application is complete, it shall be deemed received and shall be referred to the Planning Commission for its review and decision. The Planning Commission, after public notice in accordance with applicable state laws, shall hold at least one public hearing on the application. The Planning Commission may concurrently process and review a rezoning site plan, subdivision approval and CUP.
(B) Type of hearing. The public hearing before the Planning Commission and the city shall be conducted as a quasi-judicial hearing.
(C) Conditions. In approving any CUP, the Planning Commission may:
(1) Impose such reasonable standards, conditions or requirements, in addition to or that supersede any standard specified in the UDC, as it may deem necessary to protect the public interest and welfare. Such additional standards may include, but need not be limited to:
(a) Financing and availability of adequate public facilities or services;
(b) Dedication of land;
(c) Reservation of land;
(d) Payment of exactions;
(e) Impact fees;
(f) Creation of special assessment districts;
(g) Creation of restrictive covenants or easements;
(h) Special setbacks;
(i) Yard requirements;
(j) Increased screening or landscaping requirements;
(k) Area requirements;
(l) Development phasing; and
(m) Standards pertaining to traffic, circulation, noise, lighting, hours of operation, protection of environmentally sensitive areas and similar characteristics.
(2) Require that a performance guarantee - acceptable in form, content and amount to the City Attorney - be posted by the applicant to ensure continued compliance with all conditions and requirements as may be specified; and
(3) Require that a development agreement be entered into by the applicant.
(Ord. 3020, passed 9-10-2013, § 4.23.4)