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Ordinance 2328-98
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Ordinance 2328-98
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Ordinances
Ordinance Number
2328-98
Date
9/23/1998
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c) If the application includes a request of other permits which require an <br /> open record public hearing, the Director and City Engineer action on the <br /> alteration or vacation application will be in the form of a <br /> recommendation to the Hearing Examiner and will be reviewed <br /> concurrently at the open record public hearing. All other requested land <br /> use permits will be reviewed concurrently to the extent permissible by <br /> law as defined in Ordinance No. 2136-96, as amended. <br /> 3. Open Record Public Hearing: <br /> The Hearing Examiner will conduct an open record public hearing if a hearing <br /> has been timely requested. The Hearing Examiner will create the record of the <br /> alteration or vacation through testimony and submission of evidence and <br /> information in accordance with the procedures defined in Ordinance No. 2136- <br /> 96, as amended, Ordinance No. 2137-96, as amended, and this Ordinance. The <br /> open record public hearing will be held prior to the Hearing Examiner's <br /> decision on the project permit. <br /> 4. Approval of Alteration or Vacation shall consider the Land Division <br /> Evaluation Criteria and Development Standards in Section 7 of this <br /> Ordinance: <br /> The Director and City Engineer or Hearing Examiner shall evaluate the <br /> proposed alteration or vacation application and its compliance with Section 7 of <br /> this Ordinance, all other applicable City Ordinances, and City Standards. <br /> 5. Decision by the City or Hearing Examiner: <br /> a) If the Director and City Engineer or, in the case of a public hearing, the <br /> Hearing Examiner find that the proposed alteration or vacation complies <br /> with Section 7 of this Ordinance, all other applicable City Ordinances, <br /> and City Standards, the alteration or vacation shall be approved. If the <br /> Director and City Engineer or Hearing Examiner find that the alteration <br /> or vacation does not comply with Section 7 of this Ordinance, or other <br /> applicable City Ordinances, and City Standards, then the Director and <br /> City Engineer or the Hearing Examiner may disapprove, the application <br /> stating reasons for disapproval or return it to the applicant for <br /> modification or correction with specific conditions or revisions that must <br /> be met for approval. <br /> b) The alteration or vacation decision shall be in writing and shall include <br /> findings of fact and conclusions. <br /> c) The decision made by the Director and City Engineer shall be an <br /> administrative decision. Any appeals shall be in accordance with <br /> Ordinance No. 2136-96, as amended and Ordinance No. 2137-96, as <br /> amended. <br /> d) The decision made by the Hearing Examiner shall be final and any <br /> appeal therefrom shall be in accordance with Ordinance No. 2136-96, as <br /> amended and Ordinance No. 2137-96, as amended. <br /> 26 <br />
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