Initiation. A conditional use permit may be initiated by a resolution of the Council, a motion of the Commission, or upon a verified application of the owner of the land in question, or of the purchaser thereof under a contract in writing duly executed and acknowledged by both the buyer and seller, or of the lessee in possession of the property with the written consent of the recorded owner, or the agent of any such persons duly authorized in writing.

Applications; Form. The application shall be on an approved form and shall show the exact legal description of the property being requested for a conditional use permit, the street address or exterior boundaries by streets, alleys or property lines, the proposed use, and such other information as the Commission deems necessary.

Filing Fees. At the time of submission, the applicant shall pay a filing fee. The amount of such fee shall be set by ordinance or resolution of the City Council and shall be adjusted periodically to reflect changes in processing costs borne by the City.

Hearing Dates; Notices. Upon the filing of a conditional use permit application, or upon the motion of the Commission, or upon the receipt of a duly certified copy of a resolution by the Council requesting the granting of a conditional use permit, the Planning Director shall set the matter for a public hearing within not less than 21 days nor more than 120 days. Notice of the time and place of such hearing, unless otherwise directed by the Commission, shall be given by mailing a notice not less than 10 days prior to the date of such hearing to the owners and occupants of property within a radius of 300 feet of the exterior boundaries of the property on which the use is proposed, using for this purpose the information shown upon the latest available assessment rolls of the County. Such notice shall contain the same information as is required in a posted notice.

Investigations. The Commission shall cause to be made by its own members or by members of its staff such investigations of the facts as the Commission shall deem necessary bearing upon such application set for hearing.

Commission Hearings. The public hearings provided for in this section shall be conducted before the Commission or before any three or more members thereof. A summary of all pertinent testimony offered at a public hearing, and the names and addresses of persons so testifying, shall be recorded and made a part of the permanent records of the case. If for any reason testimony on any case set for a public hearing cannot be completed on the day set for such hearing, the Commissioner presiding at such public hearing, before the adjournment or recess thereof, may publicly announce the time and place at which such hearing will be continued, and such announcement shall serve as sufficient notice of such continuance without recourse to the form of notice provided for in this section.

Decisions of the Commission. Not more than 60 days following the conclusion of the hearing, the Commission shall announce its findings by formal resolution, and such resolution shall state, among other things, the facts and reasons which, in the opinion of the Commission, determine whether the conditional use permit shall be granted or denied and such conditions and limitations as may be imposed. Such resolutions shall be numbered consecutively in the order of their adoption and shall become a permanent record of the Commission. The failure of the Commission to adopt such a resolution within the period set forth in this paragraph shall automatically refer the matter to the Council without a recommendation.

Notices of Decisions. Not more than 60 days after the final action of the Commission on an application for a conditional use permit, a copy of the Commission's resolution setting forth its decision shall be mailed by the Planning Director to the applicant and the owner of record of the property on which the use is proposed at the addresses shown on the application.

Finality of Action; Effective Dates; Appeals. The action of the Commission shall be final and shall take effect on the 15th day after the adoption of such resolution by the Commission; provided, however, an appeal in writing filed with the City Clerk by the applicant or by any interested person prior to such 15th day shall suspend the action of the Commission until the determination of the appeal by the Council or its withdrawal by the appellant. Such an appeal, with the same time limit, may also be initiated by a motion of the Council. Any appeal filed pursuant to the provisions of this subsection shall state the grounds wherefore and wherein the Commission failed to conform to the requirements of this Chapter. An appeal which is not filed within the time prescribed or which does not set forth the grounds upon which it is based shall not constitute an appeal in compliance with this Chapter.

Appeals; Hearings. Upon the receipt of an appeal from the action of the Commission, the Council shall set the matter for a hearing and give notice thereof to the appellant and to the applicant for such conditional use permit, should the appellant not be the applicant, and to any and all other persons or organizations who have appeared before the Commission during any of its proceedings held in connection with such application or who have addressed written communications regarding such application to the Commission prior to the conclusion of its hearings; provided, however, notice need not be given to such other persons or organizations unless their names and mailing addresses have been given for the records of the Commission, orally or in writing, during any of such proceedings or in such written communications.

The notices required by this subsection shall be given by the City Clerk by the mailing of a notice to the persons or organizations entitled to the same, as provided in this subsection, not less than five days prior to the date of such hearing. The Planning Director shall be notified of the filing of such appeal and, upon the receipt of such notice, shall transmit to the Council the complete file on the case. The Council may limit the hearing to a consideration of the grounds of the appeal as set forth in such appeal and to a review of the proceedings of the Commission or may consider any new matter pertaining thereto. An appeal may be withdrawn at any time by the appealing party.

Appeals; Decisions. The Council by resolution shall render its decision on such appeal within 30 days after the conclusion of its hearing on such appeal, and the Council shall have the power to either affirm, amend, or reverse the action of the Commission, or, if, in its opinion, the matter requires further consideration by the Commission, the Council may refer the matter back to the Commission for such further consideration, with any recommendations which the Council may see fit to make, in which event notice of such further hearing shall be given as required upon an original application.

Not later than 10 days after the final action of such an appeal by the Council, notice of the decision in the matter shall be mailed to the appellant and the applicant by the City Clerk, and the file in the case shall be returned to the archives of the Planning Department. The decision of the Council on such matters of appeal shall be final.

Acceptance: Form. The applicant and the owner of record shall sign, have notarized, and record with the office of the County Recorder, for the benefit of the City and within six months after the adoption of the resolution approving the conditional use permit, an acceptance form, furnished by the Planning Department, which shall state that the applicant and the owner of record are aware of and will abide by all the conditions of the resolution of approval. Such form shall be returned to the Planning Department to be filed with, and made a part of, the case.

Procedure for Revocation of Conditional Use Permits.