Sec. 153.963 - Public hearings.

Upon filing an application for an amendment, or the adoption of a resolution of intention to amend initiated by the Planning Commission or Council, the matter shall be set for a hearing by the Planning Commission. Notice of the time, place, and purpose of such hearing shall be given by the secretary of the Planning Commission as follows:

(A)

When the hearing involves amending, supplementing, or changing the text of this chapter, by publication pursuant to the provisions of the Cal. Gov't Code not less than ten days prior to the date of the hearing; and

(B)

When the hearing involves a proposed change of a zoning district boundary or a proposed reclassification of property, the notice shall be given as follows:

(1)

By publication of the notice as provided in division (A) of this section; and

(2)

By mailing the notice to the owners of all property within the area proposed for reclassification and to the owners of all property within 300 feet of such area not less than ten days prior to the date of the public hearing. For this purpose notice shall be given to the last-known names of such owners as shown upon the records of the County Assessor. Where all property within the 300 foot radius is under the same ownership as the property proposed for reclassification, the owners of all property facing directly across a road or adjoining that property which is owned by the applicant shall also be notified in the same manner. Failure to send notice by mail to any property owner where the address of the owner is not a matter of public record shall not invalidate any proceeding in connection with any amendment.

(1975 Code, § 9-2.1303) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.964 - Planning Commission and Council Action.

If, from the facts presented, the Planning Commission finds at the hearing that the public convenience or general welfare require the proposed amendment or reclassification, the Planning Commission, by a vote of two-thirds of its total voting members, shall so resolve and thereby recommend the amendment. Otherwise the Planning Commission shall disapprove the application for the amendment or reclassification. The Planning Commission shall make its findings and determination within 90 days after the date of the filing and certification of the completeness of any application and shall transmit a copy of its decision to the applicant. If approved, the application, together with the resolution and findings of the Planning Commission, shall be presented to the Council which shall hold a public hearing and may approve the change by a majority vote of all members present if there is a quorum. If disapproved, the action of the Planning Commission shall be final, and no hearing before the Council shall be required, unless an appeal shall be taken to the Council.

(1975 Code, § 9-2.1304) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.965 - New applications.

Following the denial of an application for a change of zone or an amendment to district boundaries, no application for the same or substantially similar change shall be filed within one year after the date of denial, unless the denial is made without prejudice.

(1975 Code, § 9-2.1305) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

153.970 - APPEALS

Sec. 153.971 - Appeals on decisions.

(A)

An appeal may be made to the Planning Commission by the applicant or any other interested person on any administrative determination or interpretation made by the Planning Director or any Town officer under this chapter.

(1975 Code, § 9-2.1401)

(B)

An appeal may be made to the Council by the applicant or any other interested party on any decision of the Planning Commission under this chapter.

(1975 Code, § 9-2.1402) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.972 - Filing appeals.

(A)

Appeals on the decision of the Planning Director or any Town officer or official who renders a decision or interpretation on the provisions of this chapter shall be made to the Planning Commission through the Planning Director.

(B)

Appeals on the decision of the Planning Commission in taking any action authorized by this chapter shall be made to the Council through the Town Clerk.

(C)

All applications for appeals shall be accompanied by the required fee.

(1975 Code, § 9-2.1403) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.973 - Procedure for appeals.

(A)

All appeals shall be made in writing and shall state the nature of the application and the basis upon which the decision of the official or body is considered to be in error.

(B)

All applications for appeals shall be received by the Planning Director or Town Clerk pursuant to Section 153.972 of this subchapter not later than ten calendar days following the date of the action on which such appeal is being taken.

(C)

During the time within which an appeal may be filed and during the pendency of an appeal from a decision of the Planning Director, or the Planning Commission, under this chapter, no building permit shall be issued for construction on the real property that is the subject of the appeal.

(1975 Code, § 9-2.1404) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.974 - Town Council hearing of an appeal.

(A)

The Planning Director shall transmit all documents, including minutes, that constitute the record of the action taken by the Planning Commission to the Town Council.

(B)

The Town Council shall hear the matter "de novo" at a public hearing noticed in accordance with California Government Code requirements for the matter being heard.

(C)

The applicant and appellant shall be entitled to make a full presentation. New evidence, including new public testimony, shall be allowed.

(D)

The Town Council shall make appropriate findings, if required, and shall either approve or disapprove the application. The Town Council's decision shall be final and conclusive of the matter.

(1975 Code, § 9-2.1406) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1987-343, effective 2-12-87; Am. Ord. 1990-434, effective 6-8-90; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2003-520, effective 10-23-03; Am. Ord. 2017-589, effective 8-24-17)