Portola Municipal Code Ch. 17.88 Public Review Provisions and Approval Standards

The purpose of this chapter is to specify the public notice and hearing process for an application for a permit or variance, and the findings upon which an approval, conditional approval or denial is based.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Type "A": The public hearing may be waived as determined by the city manager or his or her designee. Notice of an intent to approve a development entitlement shall be mailed or delivered at least ten days prior to an action to the applicant, the property owner, the owners, as shown on the most recent secured assessor's roll, of property within three hundred feet of the property involved in the application, and all persons who have requested notice, pursuant to Section 17.88.050 of this title.

Type "B": Public hearing is required. Notice of the hearing shall be mailed or delivered at least ten days prior to the public hearing to the applicant, the property owner, the owners, as shown on the most recent secured assessor's roll, of property within three hundred feet of the property involved in the application, and each local agency expected to provide water, sewer, streets, roads, schools or other essential facilities or services to the site. Notice shall also be provided to all persons who have requested notice, pursuant to Section 17.88.050 of this title. The radius list for notice of a permit application for an adult establishment shall be expanded as required by Section 17.49.030 of this title.

Ten days prior to the public hearing, notice shall also be provided by at least one of the following methods:

1. Publication in a newspaper of general circulation within the city; or

2. Posting in at least three public places within the city and/or posting the application site, if applicable.

Type "C": The public hearing may be waived as determined by the city manager or his or her designee. Notice of intent to approve a development entitlement shall be posted on the subject site, by the property owner, at least ten days prior to an action to the applicant and/or the property owner(s).

Type "D": No public hearing required and no public notice is required.

REQUIRED HEARINGS, AUTHORIZED APPROVING AUTHORITY AND PUBLIC NOTICE

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Whenever the provisions of Section 17.88.020 permit the waiving of a public hearing, the notice of intent to take action shall contain the following information:

A. The name of the applicant;

B. A general description of the nature of the request;

C. A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;

D. The identity of the approving authority as the director and the scheduled date for action;

E. The following statement:

"The purpose of this notice is to inform you that an application for the described project has been submitted to the Portola Planning Department. The Director may approve the application without holding a public hearing, unless a public hearing is requested in writing by you or any individual wanting to comment on the project prior to the scheduled approval date;"

F. Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at a public hearing, if a public hearing is requested, or in written correspondence delivered to the director at, or prior to, the public hearing; and

G. A description of the procedure for requesting the scheduling of a public hearing or for filing an appeal.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The public notice when a public hearing is required shall contain the following information:

A. The name of the applicant;

B. A general description of the nature of the request;

C. A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;

D. The date, time, and place of the public hearing;

E. The identity of the approving authority and a brief description of the process and procedure for submitting public comment; and

F. Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at the public hearing described in this notice, or in written correspondence delivered to the director at, or prior to, the public hearing.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the planning department. The city may impose a reasonable fee by resolution of the council for the purpose of recovering the cost of such notification.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The approving authority may approve or conditionally approve an application for a permit or variance, as defined in Section 17.82.010, only if all of the following applicable findings, in addition to those findings that are applicable in this title are made.

A. Findings for a Conditional Use Permit. The approving authority shall make the following findings to approve a conditional use permit:

1. The proposed use or development is consistent with the City of Portola general plan and any applicable specific plan;

2. The proposed use or development conforms with all applicable standards and requirements of this title; and

3. The location, size, design and operating characteristics of the use or development is compatible with and shall not adversely affect or be materially detrimental to the health, safety, or welfare of persons residing or working in the area, or be detrimental or injurious to public or private property or improvements.

B. Findings for an Extension. The approving authority shall make the following findings to approve an extension:

1. The proposed development is in compliance with all standards in effect as of the date of application for the extension, or there is no public benefit to the imposition of current standards comparable to the cost of imposing item;

2. No change has occurred in the circumstances or in the factual basis on which the approval was made since the date of original approval, which results in the inability to make findings of approval for the extension consistent with those originally made.

C. Findings for a Flood Encroachment Permit. The approving authority shall make the following findings to approve a flood encroachment permit:

1. The flood encroachment will be constructed and will be operated in compliance with all standards and regulations set forth in Chapter 17.28 of this title.

2. The flood encroachment will not result in increased exposure of life and property to flood related hazards.

D. Findings for a Variance. The approving authority shall make the following findings to approve a variance:

1. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of the provisions of this zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical land use district classification;

2. The granting of the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located; and

3. The granting of the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel and will not constitute a grant of special privilege inconsistent with the limitations upon other property in the vicinity and under identical zoning classification.

E. Findings for a Design Review Permit for Residential Subdivision. The approving authority shall make the following findings to approve a design review permit for residential subdivisions:

1. The residential design, including the height, bulk, size and arrangement of buildings is harmonious with other buildings in the vicinity.

2. The residential design is consistent with applicable design guidelines.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)