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(a) Except as specifically provided in this chapter, all applications for permits and variances made pursuant to the requirements of this chapter and Section 7-3.07 of this Code, and all modifications to said permits and variances, shall be considered by the Commission at a public hearing, noticed in accordance with State law and the provisions of Chapter 12 of this title and, except where otherwise provided by Section 9-4.2806, shall be approved, conditionally approved, recommended for conditional approval, recommended for denial, or denied by the Commission as follows:
(1) Where the Commission is considering an entitlement application for which the Council has permitted concurrent processing of the entitlement application with a change of zone classification or other legislative action (such as a Specific Plan amendment or General Plan amendment) pursuant to Section 9-4.2802(d), the City Council shall make the final decision on approving or denying the entitlement application and the Commission shall only make a recommendation to the Council of conditional approval or denial of the application. Where the Commission has recommended denial, the Commission may forward to the Council proposed conditions of approval for the Council’s consideration if the Council determines to approve the entitlement application. Upon receiving such a recommendation from the Commission, the Council shall conduct its own public hearing on the entitlement application(s) and associated legislative actions, providing notice thereof in the same manner as was required for the Commission hearing, and shall render a final decision.
(2) In all other cases, the Commission shall render a decision to approve, conditionally approve, or deny the application.
(b) Public hearings shall be conducted by the Commission in accordance with rules established by resolution by the Commission.
(c) Unless otherwise specified in this chapter, the decision-making body may approve a development permit, as conditioned, based on the following findings (1) through (4), and may approve a special use permit, as conditioned, based on findings (1) through (5):
(1) The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan;
(2) The project complies with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code;
(3) The project will not be detrimental to the public health, safety or general welfare;
(4) The project has been reviewed in conformance with the provisions of the California Environmental Quality Act;
(5) The proposed use at the proposed location will be compatible with land uses in the vicinity.
(d) No variance from the provisions of this chapter shall be granted by the Planning Commission unless and until the findings required by State law are first made.
(§ 8163.4, T.O.O.C., as amended by § 1, Ord. 43, § 21, Ord. 126, § 2, Ord. 145, § 10, Ord. 142-NS, eff. March 26, 1970, § XV, Ord. 162-NS, eff. August 27, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § XIV, Ord. 423-NS, eff. February 14, 1974, § XIV, Ord. 581-NS, eff. August 12, 1976, §§ IX and X, Ord. 776-NS, eff. April 16, 1981 and § 31, Ord. 1178-NS, eff. April 27, 1993, § 4, Ord. 1331-NS, eff. March 10, 1999, and § 24, Ord. 1555-NS, eff. May 13, 2011)