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)
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)