Chapter 17.42 — NOTICE, HEARING, DECISION

A. Planning Commission Decisions. A duly noticed public hearing shall be held by the Planning Commission for any discretionary permit authorized by this title, prior to deliberations and rendering a final decision, except as set forth in Section 17.42.1(B). B. Zoning, Administrator Decisions. A duly noticed public hearing shall be held by the Zoning Administrator for any discretionary permit to be decided by the Zoning Administrator under this code when a hearing is requested by the applicant, a person entitled to notice under this code and under state law, or any other interested person. Written notice of the application and the right to request a hearing or submit written comments, or both, shall be sent by first class mail to those entitled to notice no less than fifteen (15) days before the date of the Zoning Administrator review and decision. If no request for a hearing is made within ten days of the date of the notice, the Zoning Administrator shall make the decision on the application, including written comments received, without a public hearing. The terms of this subsection are subject to the authority of the Zoning Administrator to refer a matter to the Planning Commission under Section 17.40.4, where a hearing is mandatory. (Ord. 03-06 § 2 (part))

The Planning Director shall give notice of a public hearing as required by law, subject to the provisions of Section 17.42.1(B) of this chapter. A. Form. The form of the notice shall contain: 1. The time and place of the hearing; 2. A general explanation of the matter to be considered, including a general description of the area affected; 3.

Other information which is required by statute or specific provision of this code or which the Planning Director considers necessary or desirable. B. Statutory Requirements. Notice of matters set for hearing under this title shall be given as shown in this chart, unless otherwise provided. Government Code Type of Action Notice Requirement Reference to Requirement

1. General plan adoption or amendment 65090, 65091 65353
2. Specific plan adoption or amendment 65090, 65091 65353
3. Zoning ordinance adoption, amendment or repeal 65090, 65091 65353—65857
4. Variance, exception, use permits, design review (including revocation, modification or appeal); development agreement, lot line adjustment, or projects referred to the Planning Commission for action 65091 65906
5. Subdivision 65090, 65091 66451.3(a)
6. Zoning Administrator 65091

These notice requirements state existing law. If state law prescribes a different notice requirement, notice shall be given in that manner. A reviewing body designated to hear the matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law, to the extent deemed appropriate to advise potentially affected parties. (Ord. 03-06 § 2 (part))

A. Conduct of Hearings. The City Council, Planning Commission and Zoning Administrator may from time to time adopt rules and regulations governing the conduct of public hearings. It is expected that the level of formality may vary, depending on the scope of the proposal and the level of review. These rules shall comply with minimum procedural standards prescribed by Government Code Section 65804 and the provisions of the Orinda Municipal Code. Each component of the planning agency may supplement the rules and regulations as it determines necessary or convenient. Public hearings shall be conducted in accordance with the applicable rules. B.

Opportunity to Speak. Each person interested in a matter shall be given an opportunity to be heard, consistent with the rules and regulations. C. Presentation of Evidence. In a public hearing for a final determination by the Zoning Administrator or the Planning Commission, the applicant shall speak first and shall have the right to respond after all other speakers have given testimony. D. Voting. Except as otherwise provided in this code, an affirmative vote of a majority of a quorum is required to approve or conditionally approve an application under this title. If there is a tie, or that majority otherwise does not exist, the application shall be deemed to have been denied. E. Findings. Written findings shall be prepared for adoption at the next meeting based on testimony, discussion and findings made by the decisionmakers at the hearing. (Ord. 03-06 § 2 (part))

A decision on an application for a permit or approval required under this title shall be in writing. Specific findings of fact shall be made for all applicable standards, to approve a project. To deny a project, specific findings of fact showing the failure to meet one standard shall be sufficient. Findings shall be based on substantial evidence. "Substantial evidence" is specific credible, factual evidence which is relevant to the applicable standard. "Substantial evidence" excludes speculation and unsubstantiated opinion, as well as irrelevant facts and opinions. Conditions of approval may be imposed as reasonably necessary to achieve the purposes of this title and the general plan. (Ord. 03-06 § 2 (part))

A decision of the Planning Commission or the Zoning Administrator shall be effective ten days after the date of the decision unless appealed as provided in Chapter 17.43 of this title. A decision is final on the date it is made, even though the written form of the decision is approved at a later date. A decision is final on the date it is made, even though findings are reduced to writing and ratified at a later time. (Ord. 03-06 § 2 (part))