§ 88.58

This chapter establishes procedures for public hearings before the zoning administrator, commission, and council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted as provided by this chapter.

When a planning permit or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with state law (Government Code Sections 65090, 65091, 65094, and 66451.3, and Public Resources Code 21000 et seq.), as applicable.

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA), the matter shall be scheduled for public hearing on a Commission, or Council agenda (as applicable).

A.

Decision.

1.

The review authority may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, defer action and continue the matter to a later meeting agenda in compliance with Section 88.58.070 (Hearing Procedures).

2.

Following the director's review, or at the conclusion of a hearing conducted by the director may instead refer the matter to the commission for determination. A referral will require a new noticed hearing before the commission.

3.

The decision of the council on any matter shall be final.

B.

Notice of Decision. After the final decision or recommendation by the review authority, notice of the decision shall be mailed to the applicant, and the property owner, if different from the applicant.

At the conclusion of a public hearing on a general plan amendment, a specific plan, the zoning map, or this Development Code, the commission shall forward a recommendation, including all required findings, to the council for final action.

A decision of the director or commission (other than a recommendation in compliance with Section 88.58.050) is final and effective on the 21st day following the decision unless an appeal is filed in compliance with Chapter 88.56 (Appeals).

A hearing shall be held at the date, time, and place described in the required public notice.

A.

Hearing Comments. During a public hearing the applicant for a project shall have the right to be represented, provide testimony, present evidence, and the right to ask questions of opposing witnesses. All other persons shall have the right to comment on any relevant aspect of the application under consideration.

B.

Action of Hearing Body. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue or take under advisement the subject of the public hearing.

C.

Continuances. If a hearing cannot be completed on the scheduled day, the presiding councilperson or commissioner, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued. Additional notice for the continued hearing is not required.

D.

Application Denial - Re-Application. If an application has been denied, no new application for the same or similar request may be accepted within one year of the denial, unless the director finds that the conditions surrounding the application have sufficiently changed to warrant a new application.

ARTICLE 6. - ENFORCEMENT AND PENALTIES FOR THE DEVELOPMENT CODE CHAPTER 88.60. - ENFORCEMENT AND PENALTIES