Chapter 13-44 — Hearings, Appeals and Judicial Review

To specify standard procedures for hearings before the Planning Commission and City Council and appeals of any requirement, decision or determination made by the Community Development Director and Planning Commission. [Ord. 515 § 2, 2018; ZO § 44.100.]

Upon submittal of a complete application(s), the application(s) shall be reviewed and processed consistent with the provisions of the California Government Code Section 65090 et seq.

When a provision of the Zoning Ordinance requires or results in a public hearing, notice shall be given in all of the following ways:

1. Written notice of the hearing shall be mailed or delivered to the owner or his agent and the applicant not less than 10 days prior to the public hearing.

2. Written notice of the hearing shall be mailed or delivered to each local agency expected to provide public facilities or services to the project and whose ability to provide facilities or services may be significantly affected not less than 10 days prior to the public hearing.

3. Written notice of the hearing shall be mailed or delivered to all property owners within 300 feet of the property subject to the hearing not less than 10 days prior to the public hearing. The list of owners within 300 feet along with adequate mailing labels to notice the required public hearings shall be prepared by the applicant and shall accompany the application using for this purpose the last known name and address of owners as shown in the current tax assessor’s records. Additional notice may be required by the Planning Director when in a particular case circumstances warrant such additional notice. Such additional notice may include but is not limited to: extending mailed notice to beyond 300 feet of the property; providing notice to tenants in addition to the notice required to be provided to property owners; and utilizing additional means of notification in addition to mailed notice. Whenever the Planning Director decides in his or her discretion to require additional notice, the reason for imposing the additional notice shall be provided to the applicant, and shall be included in any staff report to the Planning Commission and City Council.

If the number of property owners to be notified exceeds 1,000, the City may in lieu of mailing notices provide notice by placing a display advertisement of at least one-eighth page in length in at least 1 newspaper of general circulation within the City and post notice of the hearing not less than 10 days prior to the public hearing in at least 3 public places within the boundary of the City including 1 area directly affected by the proceeding.

The public notice shall include the date, time, and place of public hearing, the name of hearing body, a general explanation of the matter to be considered, and a general description in text or diagram of the location of the property subject to the hearing. The notice should also include a statement that any interested person is invited to appear to address or object to the application in question and a statement of appeal procedures and time limits. [Ord. 521 § 1, 2019; Ord. 515 § 2, 2018; ZO § 44.200.]

Hearings shall be held at the time, date and place for which notice has been given in compliance with Section 13-44.200. Summary minutes of the hearing or an audio tape shall be prepared and made part of the application file. During a public hearing a staff report on the application may be made followed by questions from the Commission or Council. The applicant may then provide testimony followed by testimony from the public including representatives of public agencies. The Commission or Council may establish reasonable limits on the number of speakers and time allotted for testimony. Upon request, the applicant shall be allowed to respond to the public testimony and answer questions from the Commission or Council. Upon close of the public hearing, the Commission or Council shall reach a decision, making findings including those required in the Zoning Ordinance in support of the action.

Any hearing may be continued; provided, that prior to the adjournment or recess of the hearing, a clear announcement is made regarding the continued hearing and specifying the date, time and place to which the hearing will be continued, subject to limitations provided by law, and in such case no further notice need be given. [Ord. 515 § 2, 2018; ZO § 44.300.]

The Community Development Director shall prepare a notice of decision for actions on zoning applications by the Community Development Director, Planning Commission and City Council. The decision shall include findings, any conditions of approval (including date of effect) as needed to mitigate any impacts and protect the health, safety and welfare of the community, and the appeal period allowed by the Zoning Ordinance. The notice of decision shall be posted within a public area of City Hall and mailed by the Community Development Director to the applicant at the address on the application within 14 calendar days of the decision. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 44.400.]

Decisions made by the Community Development Director, Commission and Council are effective upon expiration of any appeal period specified by the Zoning Ordinance, and commencement of any effective date adopted within the decision. [Ord. 515 § 2, 2018; ZO § 44.410.]

The Council, through majority vote, may call up for review any decision of the Community Development Director or Planning Commission. The determination to call up for review shall be made by the Council at its next regular meeting following the posting of the notice of decision pursuant to Section 13-44.400, unless that meeting would be within 2 calendar days of the posting of the notice, in which case the Council may make the determination to call up for review at the second regular meeting following posting of the notice. The Council shall specify the issues to be reviewed when it determines to call an item up for review. The Council shall hear and determine a decision that is called up for review in the same manner as an appeal hearing. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 44.500.]

Any discretionary decision made by the Community Development Director where such decision is not designated as final by the Zoning Ordinance may be appealed to the Planning Commission by the applicant or any person affected by a determination or decision. An appeal requires filing a written appeal with the Community Development Director within 14 calendar days of the mailing or posting of the notice of decision.

Any determination or decision made by the Planning Commission may be appealed to the City Council by the applicant or any person affected by a determination or decision. An appeal requires filing a written appeal with Community Development Director within 14 calendar days of the mailing or posting of the notice of decision.

The written appeal shall include the name and address of the person filing the appeal, the decision that is being appealed, a description of the grounds upon which the appeal is based, and applicable filing fees. [Ord. 522 § 1, 2019; Ord. 515 § 2, 2018; ZO § 44.600.]

The appeal shall suspend the effective date of the contested action until the appeal is decided by the Planning Commission or City Council. The appeal shall be heard by the Planning Commission or City

Council at the next available hearing. The Planning Commission may refer the matter back to the Community Development Director for further consideration and the Council may refer the matter back to the Planning Commission for further consideration, in which case the referral shall be investigated as advisable and conclusions reported back to the Commission or Council.

Notice of an appeal hearing shall be given in the same manner as a public hearing per Section 13-44.200. Appeal hearings shall be conducted in the same manner as public hearings per Section 13-44.300.

An appeal to the Commission or Council may be reversed, affirmed in whole or in part, or modified with determinations and conditions as the facts warrant. Any action on appeal shall be consistent the General Plan and with the required standards, regulations and findings of the Zoning Ordinance. Decisions made by the Council on appeal shall be final and conclusive. [Ord. 515 § 2, 2018; ZO § 44.610.]

Following the denial of a application for a permit, variance, amendment or other zoning approval or the revocation of a permit or zoning approval, no application for the same or substantially the same permit, variance, amendment or other zoning approval shall be filed within 1 year of the date of denial or revocation. The Community Development Director shall determine whether a new application is the same or substantially the same as previously denied or revoked approval, and the decision of the Community Development Director may be appealed to the Planning Commission. [Ord. 515 § 2, 2018; ZO § 44.700.]

A land use or zoning approval granted pursuant to the Zoning Ordinance may be revoked if the use or development does not comply with adopted conditions of approval or other regulations of the Zoning Ordinance.

1. An approval granted by the Community Development Director may be revoked by the Community Development Director if the use or development does not comply with adopted conditions of approval or other regulations of the Zoning Ordinance. The Community Development Director shall review the project in accordance with the procedures prescribed in Chapter 13-44, and if not satisfied that the use or development is in compliance, may revoke the land use or zoning approval or take such action as may be necessary to assure compliance with the conditions of approval and Zoning Ordinance regulations. If the original approval action by the Community Development Director was appealable under the Zoning Ordinance, then the revocation action may be appealed to the Planning Commission.

2. An approval granted by the Planning Commission may be revoked by the Planning Commission if the use or development does not comply with adopted conditions of approval or other regulations of the Zoning Ordinance. The Planning Commission shall hold a public hearing in accordance with the procedures prescribed in Chapter 13-44, and if not satisfied that the use or development is in compliance, may revoke the land use or zoning approval or take such action as may be necessary to assure compliance with the conditions of approval and Zoning Ordinance regulations. The Planning Commission action may be appealed to the City Council.

3. An approval granted by the City Council may be revoked by the City Council if the use or development does not comply with adopted conditions of approval or other regulations of the Zoning Ordinance. The

City Council shall hold a public hearing in accordance with the procedure prescribed in Chapter 13-44, and if not satisfied that the use or development is in compliance, may revoke the land use or zoning approval or take such action as may be necessary to assure compliance with the conditions of approval and Zoning Ordinance regulations. The case may, at the discretion of the City Council, be submitted to the Planning Commission for its comment prior to City Council review and action. [Ord. 515 § 2, 2018; ZO § 44.800.]

1. Any proceeding to contest a land use or zoning approval granted pursuant to the Zoning Ordinance where State law fails to specify a statute of limitations must be commenced and service effected within 120 days of the approval.

2. A land use or zoning approval granted pursuant to the Zoning Ordinance that is made subject to 1 or more conditions shall be revoked and shall cease to be valid along with all rights or privileges that were granted with the approval, notwithstanding any other provisions of this Title to the contrary, whenever a final judgment of a court of competent jurisdiction declares 1 or more of such conditions to be void or ineffective, or enjoins or otherwise prohibits the enforcement or operation of 1 or more of such conditions.

3. Judicial review of any planned development plans approved pursuant to Chapter 13-48 shall be pursuant to Code of Civil Procedure Section 1085. It is expressly declared that approval of a planned development plan is intended to be legislative in action. [Ord. 515 § 2, 2018; ZO § 44.900.]

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The Hercules Municipal Code is current through Ordinance 555, passed March 25, 2025.

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