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Oakdale City Zoning Code

§ 36-23.24

Review by Planning Commission.

[Ord. No. 1205.]
A. 
The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code Section 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given the opportunity to be heard. The applicant has the burden of proof at such hearings.
B. 
No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any finding, record, hearing, report, recommendation, or any matters of procedure whatsoever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown.
C. 
After a hearing by the Planning Commission, which may be held in conjunction with other required hearings for the project including amendments to the General Plan, rezonings, subdivision maps, or Conditional Use Permits, the Planning Commission shall make its recommendation in writing to the Council. The recommendation shall include consideration of the following:
1. 
Consistency with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan;
2. 
Consistency with the provisions of this title;
3. 
Conformity with public health, safety and general welfare;
4. 
The effect on the orderly development of property or the preservation of property values; and
5. 
Whether the provisions of the agreement shall provide sufficient benefit to the City to justify entering in the agreement.