Except as otherwise provided in the City Planning Code, state
or federal law, or in other provisions of this Code, the procedures
of this chapter shall apply to hearings before the City Council, whether
on matters of initial application to the City Council or on appeal
to the City Council from the decision of City officials, boards, or
commissions.
(2095 § 1, 1989; 2813 § 1, 2012)
A.
Whenever
an applicant is entitled under this Code or any other provision of
law to appeal to the City Council from an adverse determination in
a matter made by a City official, board, or commission and desires
to so appeal, within 10 days after he or she has been notified of
that determination, he or she shall submit a notice of appeal to the
City Clerk.
B.
The
notice of appeal shall be addressed to the City Council and shall
specify the subject matter of the appeal, the official or body whose
decision is appealed, the date of any original and amended applications
or requests, the date of the adverse decision (or receipt of notice
thereof), the basis of the appeal, the action requested of the City
Council, and the name and address of the applicant.
C.
The City Clerk shall place the appeal on the agenda of the next regular City Council meeting occurring not less than five nor more than 30 days after receipt of the application, for City Council action pursuant to Section 2.60.030.
D.
The
City Council may authorize the City Clerk to appoint a hearing officer
to consider applications or appeals in specific types of matters,
in which event, the City Clerk shall appoint such officer and fix
a time and place for a hearing to be held within the time period otherwise
required for placing the application or appeal on the City Council
agenda. The City Clerk shall notify the applicant by mail at the address
provided by the applicant of the date on which the matter will be
placed on the agenda.
(2095 § 1, 1989; 2813 § 1, 2012)
When an application or appeal is placed on the City Council agenda pursuant to Section 2.60.020, the City Council may take one of the following actions:
A.
Set
a hearing date before the City Council and instruct the City Clerk
to give such notice of hearing as may be required by law.
B.
Appoint
a hearing officer and fix the time and place for hearing. The hearing
officer may, but need not be, a City employee. The City Clerk shall
assume responsibility for such publication of notice of the hearing
as may be required by law. If a hearing officer is appointed, the
hearing shall be conducted in accordance with this chapter.
C.
If a
hearing has been conducted by a hearing officer appointed by a City
board or commission under authority of this chapter, City Council
need not order new proceedings, but may proceed under this chapter
on the basis of the completed hearing and report.
D.
Appointment
of a hearing officer by any board or commission under this chapter
must be approved by the City Council.
(2095 § 1, 1989; 2138 § 1, 1990; 2813 § 1, 2012)
Whenever the City Council has scheduled a City Council hearing,
the City Council shall receive testimony and other evidence from the
applicant/appellant, from interested parties and from City staff.
If the applicant/appellant indicates that he or she is not prepared
to present evidence, requests additional time, and waives any claim
that may arise against the City or its agents as a result of such
delay, the City Council may continue the hearing to a subsequent meeting.
(2095 § 1, 1989; 2813 § 1, 2012)
A hearing officer appointed pursuant to Section 2.60.030 may receive and rule on the admissibility of any evidence, hear testimony, and call witnesses, as he or she may deem advisable with respect to the conduct of hearings.
(2095 § 1, 1989; 2813 § 1, 2012)
Unless otherwise specifically provided by law, the burden is
on the applicant/appellant in any hearing under this chapter to prove
that he or she is entitled to that for which he or she is applying,
or that the determination of the official or body that he or she is
appealing is clearly erroneous or in excess of that official's authority
(unless state or federal law otherwise provides another standard of
review or burden of proof).
(2095 § 1, 1989; 2813 § 1, 2012)
The City Council and the hearing officer shall not be bound
by the California Evidence Code in hearings conducted under this chapter.
(2095 § 1, 1989; 2813 § 1, 2012)
Within a reasonable time not to exceed 30 days from the date
the hearing is closed, the hearing officer shall submit a written
report to the City Clerk. Such report shall contain a summary of the
evidence considered and state the hearing officer's findings, conclusions,
and recommendations. The report shall also contain a proposed decision
in the matter. All such reports filed with the City Clerk shall be
matters of public record. A copy of each such report of proposed decision
shall be mailed by certified mail, or personally delivered, to the
applicant/appellant on the date it is filed with the City Clerk, and
a further copy shall be sent to the City department, board, or commission
most directly concerned with the subject of the report.
(2095 § 1, 1989; 2813 § 1, 2012)
The City Clerk shall place the hearing officer's report on the
agenda for the next regular City Council meeting that occurs not less
than 10 days after the report is filed and shall notify the applicant/appellant
of the date of such meeting at least 10 days prior to the meeting
unless the applicant/appellant stipulates to a shorter notice period.
(2095 § 1, 1989; 2813 § 1, 2012)
Not later than five days before the date set to consider the
report, the applicant/appellant may file with the City Clerk written
exceptions to any part thereof and may attach thereto a proposed decision,
together with a written argument in support of such decision. By leave
of the City Council, the applicant/appellant may present oral arguments
to the City Council.
(2095 § 1, 1989; 2813 § 1, 2012)
A.
The
City Council may adopt or reject the proposed decision in its entirety,
or may modify the proposed decision.
B.
If the
City Council does not adopt the hearing officer's proposed decision,
it may:
1.
Refer
the matter to the same or another hearing officer for a completely
new hearing or for the taking of additional evidence on specific points
for further proceedings under this chapter; or
2.
Decide
the case upon a review of the entire record, including the evidence
and the testimony, before the hearing officer, with or without taking
additional evidence, and issue its own decision, which shall include
findings and conclusions, and may include supplementary summary of
the evidence.
(2095 § 1, 1989; 2813 § 1, 2012)
Hearings to which this chapter shall not apply are as follows:
A.
Hearings
to consider the Master Plan or the General Plan;
B.
Hearings
to determine whether public convenience and necessity require acquisition
of property for public use;
C.
Hearings
to consider subdivision maps; and
D.
Hearings
to review or consider any action of the Planning Commission or Zoning
Administrator on appeal except for revocation proceedings, including
revocation of variances, conditional use permits, site plans, or other
planning approvals.
(2095 § 1, 1989; 2138 § 2, 1990; 2813 § 1, 2012)
Hearings before boards and commissions other than the City Council
are not required to be conducted in accordance with provisions of
this chapter. However, by simple motion, any board or commission may,
with respect to any individual application or appeal submitted to
it, elect to proceed by use of the hearing officer procedure established
herein. When such election has been made, the board or commission
shall act in the manner prescribed for the City Council, and the secretary
of the board or commission shall act in the manner prescribed for
the City Clerk.
(2095 § 1, 1989; 2813 § 1, 2012)
Pursuant to Code of Civil Procedure Section 1094.6, any petition
for judicial review shall be filed not later than 90 days after the
City Council makes its final decision under this chapter or under
any other ordinance in the Code. The provisions of Section 1094.6
shall apply, including but not limited to, the following:
A.
The
City Clerk shall notify the appellant that filing a petition for an
administrative writ is subject to the 90-day time limitation set forth
in Code of Civil Procedure Section 1094.6.
B.
Upon
request of the appellant and deposit of money or security in the amount
of the estimated cost of preparation, the City Clerk shall deliver
within 30 days a duplicate audio tape, DVD, and/or CD of City Council
proceedings or the hearing and shall deliver it within 90 days after
written request therefor was delivered to the City Clerk.
(2095 § 1, 1989; 2813 § 1, 2012)
Section 2.60.140 shall apply to all petitions for administrative writs from any administrative decision under this Code by any board, commission, or City official.
(2095 § 1, 1989; 2813 § 1, 2012)
The fees for appeals and issuance of subpoenas by the City Clerk
shall be fixed by resolution or by ordinance.
(2095 § 1, 1989; 2813 § 1, 2012)
