Within 60 days after final environmental evaluation the Director
shall give the notice of public hearing required by law. The form
of the notice shall contain:
A. The
date, time and place of the hearing;
B. A general
explanation of the matter to be considered, including a general description
of the area affected;
C. Other
information which is required by statute or specific provision of
this Code or which the Director considers necessary or desirable.
Type of Action
|
Notice Requirement*
|
Reference to Notice Requirement
|
---|
General Plan adoption or amendment
|
65090, 65091
|
65353
|
Zoning Ordinance
|
|
|
Planning Commission (Gen.)
|
65090
|
65853—65857
|
Planning Commission (Uses)
|
65090, 65091
|
65853—65957
|
City Council
|
65090
|
65853—65857
|
Variance, development agreement, special sign permit, revocation,
modification or appeal
|
65091
|
65905
|
Conditional use permit
|
65091 with 500-foot notification radius
|
65905
|
Subdivision
|
65090, 65091
|
66451.3(a)
|
Home occupation revocation
|
65091
|
65905
|
These notice requirements are declaratory of existing law. If
state law prescribes a different notice requirement, notice shall
be given in that manner. A reviewing body designated to hear a matter
may direct that notice be given in a manner that exceeds the notice
requirement prescribed by state law. Public notice requirements for
Coastal Development Permits shall be as described in Section 245.20
or 245.22.
(3334-6/97, 3691-1/05)
Public hearings shall comply with minimum procedural standards
prescribed by
Government Code Section 65804. Each person interested
in a matter that is the subject of a public hearing shall be given
an opportunity to be heard. In each case, the applicant has the burden
of proof at the public hearing on the application and at the public
hearing on the appeal.
If an application is denied and the decision is final, no person
may file a new application for substantially the same request for
a period of one year from the date the action of the City is final
except as provided in Section 248.14 for denial "without prejudice."
If the application is denied "without prejudice," the applicant
may reapply for substantially the same request without complying with
the time limit prescribed in Section 248.12.
A decision on a discretionary approval is not final until the
time for appeal expires. The time for appeal from a decision by the
Zoning Administrator, Design Review Board, or the Planning Commission
shall be filed within 10 calendar days after the date of the decision.
Appeals may not be processed on actions which must be heard by and
receive final action by the City Council, except that Coastal Development
Permits for development located in the appealable area of the coastal
zone may be appealed to the Coastal Commission as described in Section
245.32.
(3334-6/97, 4230-7/21)
The Planning Commission shall hear an appeal from the decision
of the Director, Zoning Administrator, Design Review Board. The City
Council shall hear an appeal from the decision of the Planning Commission.
The decision of the City Council is final, except that Coastal Development
Permits for development located in the appealable area of the coastal
zone may be appealed to the Coastal Commission.
(3334-6/97, 4230-7/21)
An applicant may appeal the failure of the Zoning Administrator,
Design Review Board or Planning Commission to act on an application
if the failure to act continues beyond a reasonable time and the time
to act is not otherwise fixed by law. The appeal body shall consider
all of the circumstances surrounding the application in determining
what is a reasonable time.
(4230-7/21)
The notice of appeal shall be accompanied by the fee fixed by
resolution of the City Council.
A decision on a discretionary approval becomes effective at
the end of the appeal period. The decision of the City Council is
final on the date of its decision, except that decisions on Coastal
Development Permits for development located in the appealable area
of the coastal zone, the effective date is the day after the Coastal
Commission appeal period expires and no appeals were filed or the
date upon which final action on the appeal occurs.
(3334-6/97)