Commission asks staff to review CUP administration, fees and enforcement tracking

Commissioners on Sept. 8 asked staff to produce a clearer administrative approach to conditional use permits, including an inventory of active CUPs, enforcement tracking and possible fee adjustments to cover administrative costs. Commissioner Robinson raised concerns about the workload of staff in reviewing and administering CUPs and asked whether fees cover not only initial application review but also follow-up administrative enforcement. Robinson asked whether existing fees were included in the city's fee study. Community Development Director Laura Canary said staff will confirm whether the CUP application fee is included in the fee study and noted consultants will benchmark the city's fees against peer communities. Canary and the assistant city manager said staff also are examining the post-approval administration of CUPs, including second or third reviews and enforcement actions, and acknowledged the administrative burden can be significant on some complex applications. The city attorney and staff said code-enforcement channels (special magistrate process) are the formal enforcement route for CUP violations; following a special-magistrate finding staff may bring a matter back to the commission to consider revocation or modification of a CUP. Canary said staff will return with a timeline and a proposed process map showing how CUPs would be tracked, enforced and, if necessary, removed. Why it matters: dozens of CUPs approved over several years have different conditions and time frames; commissioners want a system that monitors compliance and recovers administrative costs where appropriate to avoid shifting those costs to city general fund or residents. Next steps: staff committed to provide a timeline and a presentation at a future meeting and to confirm fee-study findings for CUPs and any recommended fee or staffing changes to improve administration and enforcement.