San Fernando Municipal Code Div. 2 Hearings and Appeals

This division is intended to specify procedures for public hearings and to provide recourse if any person is aggrieved by any requirement, decision or determination made by the director or the planning commission in the administration or enforcement of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Not less than ten days before the date of a public hearing held pursuant to this chapter, or not less than 20 days if action taken at the public hearing could affect the permitted uses of real property, public notice shall be given of such hearing in the following manner:

(1) A public notice shall be published in a newspaper of general circulation within the city. Such notice shall state the identity of the hearing body or officer; the nature of the request; the location of the property; and the date, time and place of the scheduled hearing.

(2) A public notice shall be mailed, postage prepaid, to the owners of the property within a radius of 500 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 latest assessment roll of the county assessor. Such notice shall state the nature of the request, the location of the property, and the time and place of the scheduled hearing.

(3) If the number of owners to whom notice would be sent pursuant to subsection (2) of this section is greater than 1,000, notice shall be given at least ten days prior to the hearing by placing a display advertisement of at least one-eighth page in the newspaper having the greatest circulation within the area affected by the proposed action. Such advertisement or mailing insert shall state the nature of the request, the location of the property, and the time and place of the scheduled hearing.

(4) The property which is the subject of a public hearing shall be posted with a sign containing notice of such hearing at least ten days prior to the hearing, of a design prescribed by the director.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Public hearings as provided for in this chapter shall be held at the time and place for which notice has been given as required in this chapter. A brief summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent file of the case. Any such hearings may be continued provided that, prior to the adjournment or recess thereof, the chairperson announces the time and place to which such hearings will be continued.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Within 21 days after a decision has been made regarding an application for which a public hearing is required pursuant to this chapter, notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Under this chapter, variances, modifications, conditional use permits, and planned development permits shall become effective ten days following the approval by the appropriate review authority. Zoning map amendments and zoning text amendments shall become effective 30 days following adoption by the city council. No permit or license shall be issued for any use involved in an application for approval of a permit until and unless the approval shall have become final.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Any person aggrieved by any determination, interpretation, decision, judgment or similar action taken by the director or department staff under this chapter may appeal such action to the planning commission. Any person aggrieved in a similar manner by any action taken by the commission may appeal such action to the city council. The city council may appeal any action taken by the commission to the city council by majority vote of a quorum.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Appeals made pursuant to this chapter shall be addressed to the appellate body on a form prescribed by such body, and shall state the basis of the appeal. An appeal of an action by the director shall be filed with the planning department within ten days following the date of action for which an appeal is made. An appeal of a planning commission decision shall be filed in the office of the city clerk within ten days following the date of action for which an appeal is made. Appeals shall be accompanied by the filing fee as specified by city council. The filing fee shall be waived for an appeal by the city council of the commission action pursuant to section 106-817.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Public notice of an appeal hearing held pursuant to this chapter shall conform to the manner in which the original notice was given.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The council may approve, approve with conditions, or disapprove the application and shall render its decision by resolution within 30 days after the conclusion of the hearing held pursuant to this chapter. The resolution shall contain the council's findings and shall require the affirmative votes of at least three councilmembers if the planning commission's recommendation or decision is modified or reversed. The resolution shall require a simple majority vote of a quorum if the planning commission recommendation or decision is upheld in its entirety. The city clerk shall mail a copy of the resolution to the applicant.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Under this chapter, an action of the director appealed to the commission shall not become effective unless and until approved by the commission. An action of the commission appealed to the council shall not become effective unless and until approved by the council.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Under this chapter, an application or appeal may be denied with prejudice. If such denial becomes final, no further application for the denial request shall be filed in the ensuing 12 months, except as otherwise specified at the time of denial. An application may be denied with prejudice on the grounds that two or more similar applications have been denied in the past two years, or that another good cause exists for limiting the refiling of the application.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)