AgdaPkt 2003-06-23 - Laserfiche WebLink

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Public Hearing closed at 9 p.m. DISCUSSION Commissioner Garcia wanted clarification to Mr. Hoffman's comments as to what was done, what was changed, and how does that conflict with State law. He said because the Commission cannot do something that is in conflict with State law. Mr. Passanisi said there was a memo from the Office of the City Attorney to the Members of the City Council dated, May 31, 2002, whereby the City Attorney stated that in review of the administrative record of February 2002, it is clear that a non - discretionary permit process was the alternative choice the City Council unduly adopted. Based on that, we are saying the intent of the Council, in preparing and adopting this policy, was to create a non - discretionary permit, and that is why staff is recommending approval to the City Council. Commissioner Garcia asked Mr. Passanisi to explain what a non- discretionary permit is. Mr. Passanisi said a non - discretionary permit is a permit that does not require any discretion. It is approved as long as certain conditions are met (e.g., an applicant applying for a permit at the counter would receive a list of conditions; you agree to meet them; you sign it, and that is the permit.) Commissioner Garcia asked if it mattered how small or how large it was? Mr. Passanisi said that would pertain to child day care center of 7 to 14 children. If it is six or less, it is automatically approved. He said the one thing you do need in all permits or all applications for day care is Fire Marshal approval plus State licenses. Commissioner Garcia said, so the non - discretionary permit, as far as the neighbors are concerned, does not require notification to them. Mr. Passanisi said based on what the Council's intent was in February, there should be no notification. Currently the Ordinance says there is notification, which is contrary to the State law that was also contrary to the policy established by the City Council. He said right now the Ordinance is incorrect and does not follow the intent of the City Council, and for that reason, we want to change it. Commissioner Garcia asked if that means the neighbors will or will not be notified? Mr. Passanisi said they will not be notified. Commissioner Garcia asked what the State said on that level? Mr. Passanisi said the State says you have three choices. (1) Cities can just grant them outright; (2) Do a non - discretionary permit process, (3) The City can require something like a Use Permit, where there would be a Public Hearing and notification. Mr. Passanisi said the City of Redwood City, per the City Council and per the City Attorney's memo, wherein it is suggested that we go the non - discretionary permit process. He said the Planning Commission can make a recommendation for any of those three alternatives. Page 12 of 26