Conditional Use of Permit (CUP): La Estrella Motel 566 S. Madera Avenue
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Conditional Use of Permit (CUP): La Estrella Motel 566 S. Madera Avenue
Issue at Hand
            La Estrella Motel 566 S. Madera Avenue was seeking for conditional use of parking lots allocated to a store adjacent to it. Currently, the motel requires 14 spaces, and the adjoining outlet needs 27 for them to function properly. At the moment, the store has enough parking lots for its use. Since the “store” opens only during daytime, La Estrella Motel can use its lots at night. Accordingly, the motel owner will encourage his clients to park in the correct spaces. Additionally, nine spaces can be subcontracted by the removal of an auto detailing business. Luize, the motel contractor, will have four months to remodel the store. Finally, although the La Estrella Motel initially had 14 rooms; currently, it has ten rooms due to modifications of its initial structure. There is also a room for the manager’s office.
I attended the public hearing commission of the La Estrella Motel pleadings, at Kerman City Hall, from the start till when the final vote was taken. The final judgment happened on Monday, October 09, 2017. This pleading was based on Conditional Use Permit (CUP 17-05 and CUP 17-06). During the hearing, I received details of the upcoming public hearing from the Clerk’s office at the county government office. This information was also accessible from the county government’s website.
To apply for a CUP, La Estrella filed the Zoning Permit Application form to the county offices at Fresno. It also submitted the CUP Burden of Proof file, which it used to support its request for more parking lots. Finally, it made necessary payments for the filing and hearing process. Once the filing had being made, the application was reviewed within 30 days. La Estrella Motel was then notified in writing that the application was complete and was ready for assignment to a case planner.
In the second step, the filing was determined by the case planner to establish whether there was a need for additional information, reports, or study on the issue. La Estrella Motel’s application was found to be satisfactory, and the final environment review was completed. This process took about 45 days. In the last stage, the case planner prepared the staff report. He also ensured that all the necessary conditions for approval by other departments and agencies were included in the draft conditions. The public hearing started almost a year after application. The schedule for the public hearing was published about 30 days before the hearing. The Kerman Planning Commission approved La Estrella Motel’s request for more parking lots.
From the hearing, Kerman Planning Commission approved La Estrella Motel’s request for Conditional Use Permit 17-05, A-1 Detailing and Car Wash 14960 W.E. Street and Conditional Use Permit 17-06, La Estrella Motel 566 S. Madera Avenue. Additionally, the secretary Olivia G. Pimentel, Planning Secretary for the City of Kerman, ensured that the agenda and verdict were posted at the City of Kerman Planning & Development Office at 850 So. Madera Avenue, and at Kerman Community/ Teen Center, 15100 Kearney Plaza. She also established that the information was emailed to all interested parties on October 6, 2017.
Lesson From the Field Project
From the field project, I learned that some land uses in particular zoning districts are only permitted under specific conditions. As a result, users of the land are required to have discretionary permits such as Condition Use Permit (CUP). I also learned that some applications and plans might be transferred to other departments such as Public Works, Parks and Recreation, Fire Departments, and state or federal agencies for further review. Finally, I learned that the Commission or Hearing Officer, when approving the CUP request, may establish additional conditions that are found necessary to ensure the project will comply to the CUP Burden of Proof and is compatible with the specific area.