Planning commission recommends approval of appeals rule change letting council reopen conditional‑use permit records, adds call for full code audit

The Boise City Planning and Zoning Commission on Monday voted to recommend approval of a city-initiated zoning ordinance amendment (ZOA 25‑2) that would refine the arbitrary-and-capricious standard and allow the city council, on appeals of conditional use permits (CUPs), to conduct a de novo review — meaning council could develop a new record, accept new evidence and testimony, and apply CUP approval criteria without deference to the commission’s prior decision.

Planning staff representative Deanna Tierney described the proposal as a response to policy and procedural questions raised after a recent Idaho Supreme Court decision involving the Veterans Park Neighborhood Association and the City of Boise. “We are proposing to introduce de novo review for conditional use permit appeals,” Tierney told commissioners, saying the change would permit council to “fully reexamine the project, not just review the prior decision” and to add conditions to mitigate impacts while…