| The Planning Commission conducts public hearings
generally twice a month on matters such as use permits. Applications
must be submitted approximately thirty days before the scheduled
Planning Commission public hearing consideration. Specific submittal
deadline dates are available in the Permit Center.
When an application is received in Planning, it is date-stamped,
receipted and tentatively listed in the Planning Commission
meeting log and the Project Clearance Committee log. The two
projected meeting dates are noted at the bottom of the front
of the application form.
The file number is noted on the correct parcel in the assessor's
book. Related file numbers are read from the assessor's book
and VISO strips and noted on the bottom of the back side of
the application form and inside the front cover of the file
folder.
Information about the application is entered into the Records
Management System residing on the Data General computer.
Coordination reports are prepared and a copy of the plot
plan is forwarded to the appropriate City departments and
non-City agencies for review and comment. A planner prepares
a marked copy of the proposed plot plan.
Approximately seven to ten days after transmittal, the use
permit application is considered by the Project Clearance
Committee. All agency concerns regarding the application are
discussed as well as necessary design changes, recommended
conditions of approval and environmental findings. The applicant
and/or a representative is encouraged to attend. The Committee
must determine if the application contains all necessary information
in order to be deemed complete. Copies of the minutes are
mailed to each owner and applicant approximately five days
after Project Clearance Committee review.
When the Committee determines a Negative Declaration or Environmental
Impact Report is required, the appropriate process must be
completed prior to scheduling the item for public hearings.
At least ten days prior to the Planning Commission meeting,
property owner's Notices of Hearing are mailed to all property
owners within a three hundred foot radius of the property.
Ten days prior to the meeting, notices are posted on public
poles in the immediate area of the proposal. Concerned citizens
may contact the Planning Division and submit written comments
regarding the application. They may also formally address
the Planning Commission at the Public Hearing regarding the
proposal.
If a concerned citizen later chooses to challenge a land
use decision of the Planning Commission (or Council), he or
she may be limited to raising only those issues raised at
the public hearing or in written correspondence delivered
to the Planning Division or Planning Commission at, or prior
to the public hearing.
Staff prepares a report for each item on the Planning Commission
agenda. At their meeting, the members of the Planning Commission
review staff recommendations, public testimony and the applicant's
presentation. The Commission then acts to approve or deny
the application based on specified findings.
In order to approve the Use Permit request, the Commission
must make necessary findings that the establishment, maintenance
or operation of the use or building applied is compatible
with the City's goals and objectives.
With regards to concurrent sales of beer and wine and motor
vehicle fuel, please also review the Use Permit requirements
of Article 34 - Service Station Regulations.
With regard to Specified Regulated Businesses, such as adult
theaters, adult bookstores and massage parlors, please also
review the requirements of Article 35 of the Zoning Ordinance.
Findings for approval are usually accompanied by conditions
of approval. Within ten days, minutes of the Planning Commission
meeting are prepared for public review. The action of the
Commission is final unless appealed. The owner/applicant or
any concerned person may file an appeal of the Commission
action with the City Clerk for hearing by the City Council.
Any such appeal must be filed within 7 calendar days of the
Commission action and must be accompanied by the appeal fee.
The City Council may appeal an action of the Planning Commission
at the time of the Council review of the Planning Commission
minutes.
Conditions of Use Permit approval should be implemented within
ninety days of approval, but not later than the start of operation
of the conditional use. If the use is not in operation or
under construction within two years, an extension request
must be filed (for up to a maximum of two years). If no extension
is filed or if the Planning Commission denies the extension,
the use permit becomes null and void.
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