Oakdale City Zoning Code
§ 36-20.4
Action on Use Permits and Minor Use Permits.
[Ord. No. 988, Exh. A, 1991.]
A.
The Planning Commission (Use Permit) or Director (Minor Use Permit) shall hold a public hearing on any application which shall be noticed in the manner provided in § 36-22.
B.
Both the Director and the applicant shall have the right to refer a Minor Use Permit application directly to the Planning Commission in lieu of the normal process for Minor Use Permits.
C.
The Planning Commission (Use Permit) or Community Development Director (Minor Use Permit) at a public hearing shall determine whether or not the establishment, maintenance, or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or the general welfare of the City. In addition if the following findings can be made, the Permit may be granted:
1.
The proposed Permit is consistent with the City of Oakdale General Plan.
2.
That the project has been reviewed in compliance with CEQA and the appropriate determination has been made.
3.
That the project is deemed to be a reasonable extension of existing development patterns in the area.
4.
That the site for the proposed use has adequate access which shall mean that the site design is of a size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping and other features pertaining to the application.
D.
Permits shall not be issued until ten (10) working days have elapsed from the granting thereof, and in case an appeal is filed from the Planning Commission or Directors decision, it shall not be issued until acted upon by the City Council on such appeal. Use Permits shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.
E.
Minor Use Permit Appeal. In the event the applicant or any other interested parties is dissatisfied with the action of the Director, an appeal may be filed in writing within ten (10) days following the notice of the decision date pursuant to these provisions. Upon appeal, the application shall be processed in the manner provided for Use Permits. The applicant shall submit such additional information and data required by the provisions of this chapter.