§ 36-22. Hearings And Appeals.

[Ord. No. 988, Exh. D, 1991.]

These provisions specify procedures for hearings before the Community Development Director, Environmental Review Committee, Planning Commission and City Council and appeals of any requirement, decision or determination made by the Director, Design Review Committee or the Commission.

[Ord. No. 988, Exh. D, 1991.]

Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Section 65090 .

• A. Not less than ten (10) days before the date of a hearing, public notice shall be given of such hearing in the following manner:

  1. By one publication in a newspaper of general circulation within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date and time, and place of the scheduled hearing, and the hearing body;

  2. By mailing ten (10) days prior to said hearing, postage prepaid, to the owners and tenants of property within a radius of three hundred (300) feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessors records. Notice is deemed received two (2) days after date of postmark. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body;

  3. By mailing, ten (10) days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner's authorized agent; and,

  4. In the event that the number of owners and tenants to whom notice would be sent pursuant to Subsection A2 above is greater than one thousand (1,000), in lieu of notice pursuant to Subsection A2 notice may be given at least ten (10) days prior to the hearing by placing a display advertisement of at least one-eighth (1/8) page in the newspaper having general circulation within the area. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body.

[Ord. No. 988, Exh. D, 1991.]

The Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Code and the General Plan; the Director shall report the findings to the Environmental Review Committee, Commission or Council, as appropriate.

[Ord. No. 988, Exh. D, 1991.]

Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place of which said hearing will be continued.

[Ord. No. 988, Exh. D, 1991.]

The Director (Acting as Hearing Officer), Planning Commission or City Council shall record their respective decisions following the hearing. The decision shall set forth applicable findings and any conditions of approval. Following the hearing and decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

[Ord. No. 988, Exh. D, 1991.]

Except as stated otherwise in this chapter, approval shall become effective ten (10) days following the final action of the appropriate reviewing authority.

[Ord. No. 988, Exh. D, 1991.]

Any determination or action taken by the Director, Design Review Committee or Environmental Review Committee may only be appealed to the Commission. In a similar manner, any action taken by the Commission to approve or disapprove an application or appeal may be appealed to the Council.

[Ord. No. 988, Exh. D, 1991.]

All appeals shall be submitted to the Community Development Department on a City application form, and shall specifically state the basis of the appeal. An appeal of the Director, Design or Environmental Review Committee action shall be filed with the Department within ten (10) days following the final date of action for which an appeal is made. An appeal of a Commission decision

shall be filed in the office of the City Clerk within ten (10) days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee.

[Ord. No. 988, Exh. D, 1991.]

Notice of an appeal hearing shall conform to the manner in which the original notice was given.

[Ord. No. 988, Exh. D, 1991.]

An action of the Director or Design or Environmental Review Committee appealed to the Commission shall not become final until upheld by the Commission. An action of the Commission appealed to the Council shall not become final unless and until upheld by the Council.

[Ord. No. 988, Exh. D, 1991.]

When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing twelve (12) months except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the Director shall be effective until a period of fifteen (15) days has elapsed following the written notice of decision.