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B. Role of: neighborhood op€nion <br />Neighborhood opinion alone. is not a -valid basis for-granfing or denying a CUP. While city <br />officials may feel their. decision should reflect the overall preferencespf residents, their task is limited to <br />evaluating how the CUP.4pplication hieets*the ordinance standards. Residents can often provide <br />important facts to help the city address whether -the application'meets the standards, but <br />unsubstantiated opinions.and reactions to an application do not form a legitimate basis for a.CUP <br />decision. if neighborhood opinion serves. as. the sole basi5:of the decision, it c:641d be overt.prned by a <br />courtif challenged, <br />C. Docut.rientation of hearing <br />Whatever the decision, a city should create a record -that will support it. if a: city denies a CUP <br />application,1he 60-day rule requ€res the reasons for the denial be put.in writing. Even -if a city approves. <br />a.CUP; a written.stateinent explaining the decision is advisable: The written staternerit explaihing the. <br />decision.shouid address the general -and specific ordinance standards, and explain the relevant facts and <br />conclusions, <br />V. Conditional use permit after issuance <br />A conditional use permit is.a property right.that""rubs with the land" so it attaches*to.and <br />benefits the land. and is not limited to:.a part€tular landowner. State statute requires that CUPS be <br />recorded with the county recorder's office. When the property is. sold, the new landowner will have the <br />continued right to the CUP so long as the conditiohs are met. A.c+ty can revoke a conditional use -permit <br />if there is.not substantial compliance with -conditions; so long as the revocation is based upon factual <br />evidence,.after appropriate notice.and hearing: Seca use a CLIP -is a property right, a city should work. <br />closely with the city attorney if considering a CUP revocation. <br />