2017-04-06 Hearing Transcript - PC Rule Amendments (Public Comments Only)

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So, for Rule 3 for Declaratory Rulings, we're suggesting changing the filing fee from $500 down to $200. And, declaratory rulings are initiated to request that the Commission clarify conditions of a permit or application of law. This benefits both the applicant and the Planning Department. Historically, applicants have declined requesting a declaratory ruling due in part because of the $500 filing fee. They felt that was too high. Did you have a question, Joe? CLARKSON: Can we ask questions during JACKSON: Sure. CLARKSON: Why is there any cost? I'm just curious. Why is there a fee? JACKSON: We—we do have a cost because we do have to do a publication, and so there are costs that the Department carries associated to that. CLARKSON: And it adds up to $200? JACKSON: The publication costs exceed $200 usually, but we still feel like we have to hit that sweet spot where the fee is not too high to where people won't ask for a dec ruling, but it's not so low that we can't account for the publication costs. And, let's see, let me actually back up. Oh no, that's the next slide. Okay, contested case rule. Some of the changes we're proposing to the contested case rule are to remove the requirement to notify the public of—or actually persons other than the parties of a contested case, removing the requirement to provide notice to the general public through publication in the newspaper and remove the requirement for the applicant to serve notice of the contested case hearing on surrounding property owners. And, lastly, remove provision for public testimony during a contested case proceeding. So, the purpose for doing that is to clarify that the purpose of a contested case proceeding is for the parties, rather than the general public, to state their case. This change only applies to the contested case proceeding. The applicant will still be required to notify surrounding property owners of the Commission's first meeting on the application as stated in the other rules for the various applications, and to notice the general public through publication in the paper. So, as you knowI can explain that a little bit more—as you know, what usually happens is you get an application like let's say for a Use Permit, and at that first hearing, what would happen is we would publish it in the newspaper, and the applicant would provide notice to surrounding property owners. Then, at that first hearing, let's say, you get a petition for contested case, and you grant standing. Typically, the contested case is deferred to a later date, and it's that entire contested case proceeding that would not be noticed to the general public. After the contested case proceeding is done, it always comes back to the Planning Commission. You usually get a hearings officer's report, and that hearing would be published in the paper, and I believe that hearing would also be noticed to surrounding property owners. EXHIBIT C 2