Paradise Municipal Code § 17.45.700 Notice of public hearings

All determinations of the planning director or the planning commission shall be final unless a written appeal and any required appeal fee are filed with the planning commission secretary or town clerk, as appropriate. The planning commission or the town council, as appropriate, shall conduct a public hearing on the appeal in accordance to the applicable procedures as set forth in this chapter.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Notices of public hearings on applications for use permits, appeals and amendments to this title changing the boundaries of any district or text of this title shall be given by the body conducting such hearings at least ten days prior thereto, by publication in a newspaper of general circulation in the town. In addition, the town shall give additional notice by mail, using addresses from the latest equalized assessment roll, to all owners of property within a three-hundred-foot distance of any boundary of the subject property. The town shall also mail or deliver such notice at least ten days prior to the hearing to the owner(s) of the subject property, or his agent, and to the project applicant. Notice shall also be mailed or delivered at least ten days prior to the hearing to each local agency expected to pro-vide water, schools or other essential facilities and services which may be significantly affected. The town shall follow the notice procedures of California Government Code Section 65091. Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Except as otherwise provided in this title, all appeals of planning director or planning commission decisions shall be administered as per the following applicable provisions:

A. All decisions of the planning director or the planning commission affecting but not limited to home occupation permits, large family day care permits, site plan reviews, variances, etc., may be appealed in writing to the planning commission or the town council, respectively.

B. All appeals shall be initiated by filing a written notice of appeal along with an appeal fee with the secretary of the planning commission or the town clerk for the town council within seven days after the final decision action of the planning director or the planning commission.

C. The secretary of the planning commission shall set the time and date for a public hearing before the planning commission concerning an appeal of the planning director decision. The town clerk shall set the time and date for a public hearing before the town council concerning an appeal of a planning commission decision.

D. Public hearings concerning appeals before the planning commission or the town council, respectively, shall be conducted within forty days after the receipt of a written appeal and related appeal fee.

E. Upon receipt of the notice of appeal of a planning commission decision, the planning director shall prepare a report of the facts pertaining to the decision of the planning commission and shall submit such report to the town council.

F. The town council may refer any matter subject to appeal back to the planning commission for further consideration if, in the opinion of the town council, any new and substantial evidence is presented to the town council that was not previously presented to the planning commission.

G. At the close of the public hearing, the planning commission or the town council, respectively, may affirm, reverse, revise or modify the appealed decision of the planning director or planning commission.

H. If the town council does not finalize its action on an appeal within ninety days after the filing thereof, the decision action of the planning commission shall be deemed affirmed.

(Ord. 264 § 2(part), 1995: Ord. 214 § 2(part), 1992)

Except as otherwise provided in Section 17.45.800 of this chapter, all appeals of other planning commission decisions affecting but not limited to amendments to this title shall be administered as per the following provisions:

A. All decisions of the planning commission concerning rezones, general plan amendments, or prezones may be appealed in writing to the town council.

B. An appeal shall be initiated by filing a written notice of appeal along with an appeal fee with the town clerk for the town council within five (5) days after the final decision action of the planning commission. (Government Code Sections 65354.5 and 65856)

C. The town clerk shall set the time and date for a public hearing before the town council concerning the appeal. The public hearing shall be conducted before the town council within forty days after receipt of a written appeal and related appeal fee.

D. If the town council does not finalize its action on the appeal within ninety days after the filing of the appeal, the decision action of the planning commission shall be deemed affirmed.

(Ord. No. 476, § 3, 1-22-2008; Ord. 264, § 2(part), 1995; Ord. 214, § 2(part), 1992)