The procedures specified in this chapter shall govern all hearings
held before the planning commission for the purpose of determining
whether to grant, deny or revoke any permit, exception, or other approval.
(Prior code § 2-2-1)
The commission on its own motion may, and if instructed by the
city council to do so, the commission shall, without the filing of
any petition, hold a hearing for the granting, modifying or revoking
of any permit or exception provided for in this chapter.
(Prior code § 2-2-2)
A.
Who
Shall File. Any person desiring any permit, exception, or other approval
required by, or provided for, in this chapter shall file an application
therefor with the commission.
B.
Contents
of Application. Such application shall state:
C.
Data
With Application. In all cases where a public hearing is required,
an applicant shall also file with each application:
1.
Four
copies of white background prints of a map drawn to a scale specified
by the director, showing the location of the property concerned, and
the location of all highways, streets, and alleys and all lots and
parcels of land within a distance of seven hundred feet from the exterior
boundaries of the proposed use;
2.
One
copy of such map shall show the use to which each and every lot and
parcel of land is put;
3.
A
certified list of all names and addresses of owners of real property
as shown on the county's current equalized assessment roll, and a
certified list of all addresses, including each address within a condominium
or apartment complex, located within five hundred feet from the exterior
boundaries of the proposed use.
The accuracy of such maps is the responsibility of the applicant.
(Prior code § 2-2-3; Ord. 968-06 § 4)
A.
Required.
For the purpose of defraying the expense involved in connection with
any application required by this title, the city council shall establish
by resolution certain filing fees to accompany such application.
B.
Additional
to Other Required Fees. All fees and deposits required by this chapter
are in addition to any license fee or fees which may now or hereafter
be required by any statute or other ordinance.
C.
Accounting
for Funds. The director shall keep a permanent and accurate account
of all deposits received, giving the name of the applicant upon whose
account the same was deposited, the date and amount thereof, together
with the location of the premises to which they relate.
D.
Deficiencies
and Refunds. If any application is withdrawn by the applicant prior
to publication of notice of hearing, the city shall refund one-half
of such paid fees or the unexpended portion remaining, whichever amount
is the lesser.
(Prior code § 2-2-4)
A petitioner or applicant for a special use permit, exception,
or any other permit or approval provided for in this chapter, or change
of zone, may withdraw the application at any time before hearing or
before ex parte action by the commission by filing with the commission
a request in writing signed by all persons who signed the original
application or their successors in interest.
(Prior code § 2-2-5)
In all cases where a hearing is required by this chapter to
grant, modify or revoke any permit, exception, or other approval,
the planning commission shall hold such hearing.
(Prior code § 2-2-6)
A.
Setting
Hearing. Upon the filing of an application pursuant to this chapter
and the making of the required deposit to cover the fee and publication
deposit, the director shall fix a time and place for a public hearing.
B.
Notice
of Hearing. Not less than ten days prior to the date of any hearing,
the director shall:
1.
Cause
a copy of a notice of the time and place of such a hearing to be published
once in a newspaper of general circulation in the city;
2.
Cause
a notice by first-class mail, postage prepaid, to be mailed to: (i)
all addresses, including each address within a condominium or apartment
complex, located within five hundred feet from the exterior boundaries
of the real property that is the subject of the application and (ii)
all persons whose names and addresses appear on the latest available
assessment roll as owning property within a distance of five hundred
feet from the exterior boundaries of the real property that is the
subject of the application or such other distance as required by the
procedures governing a particular use and to such other persons whose
property in the director's judgment might be affected by the establishment
of the use requested;
3.
Cause
a notice of the time and place of such hearing to be sent to such
public officers, departments, bureaus or agencies who, in the opinion
of the director, might be interested, requesting a report thereon;
4.
Cause
a notice of the time, place and purpose of such hearing to be posted
in at least three public places at least ten days before the hearing;
5.
If
for a revocation, also serve upon the owner of the premises involved
written notice of the time and place of such hearing either in the
manner required by law for the service of summons, or by registered
mail, postage prepaid;
6.
If the director finds that the publication and mailing required by subsections (B)(1) and (2) of this section will not give sufficient notice to those persons who may be affected, the director also shall post at such locations as he or she deems best suited to inform such persons, notices of the time and place of such hearing.
(Prior code § 2-2-7; Ord. 968-06 § 5)
From the evidence introduced at such hearing the commission
shall make findings and shall take such action as in its opinion is
indicated by such evidence.
(Prior code § 2-2-8)
The planning commission may continue from time to time any hearing
held by it. The city council may continue from time to time any hearing
held by it.
(Prior code § 2-2-9)
After a public hearing as provided for in this chapter, the
commission may revoke or modify any permit, exception or other approval
which has been granted either automatically or by special action of
either the city council or the commission, pursuant to either the
provisions of this chapter or of any ordinance superseded by this
chapter on any one or more of the following grounds:
1.
That
such approval was obtained by fraud;
2.
That
the use for which such approval was granted is not being exercised;
3.
That
the use for which such approval was granted has ceased or has been
suspended for one year or more;
4.
That
any person making use of or relying upon the permit, exception, or
other approval, is violating or has violated any conditions of such
permit, exception or other approval, or that the use for which the
permit, exception, or other approval was granted is being, or recently
has been, exercised contrary to the terms or conditions of such approval,
or in violation of any statute, ordinance, law or regulation;
5.
That
the use for which the approval was granted is so exercised as to be
detrimental to the public health or safety, or so as to be a nuisance.
(Prior code § 2-2-10)
If the property subject to an approved discretionary land use
permit violates any provision of this title, or if there is a failure
to comply with any conditions of approval, the director of community
development shall refer the permit back to the planning commission.
If the commission is not satisfied that the regulation or condition
is being complied with, the commission shall hold a public hearing
to consider the revocation of such permit. The public hearing shall
be noticed and held in accordance with this chapter. Upon completion
of the public hearing, the planning commission may, by resolution,
revoke the permit, or it may take such other action as is necessary
to ensure compliance. Within fifteen days following the date of the
decision to revoke a permit, the director of community development
shall transmit a written notice to the city council. The decision
shall be final thirty days following the date on which the permit
was revoked unless an appeal has been filed in accordance with this
chapter.
(Prior code § 2-2-18; Ord. 600-88 § 6)
The planning commission shall serve upon the applicant for an
exception, permit, or other approval, or upon the person the revocation
of whose permit, exception, or other approval is under consideration,
a notice of the action of the planning commission, either by serving
such notice upon such person by personal delivery or by mailing such
notice to such person by first class mail.
(Ord. 740-93 § 1)
A.
Filing
Appeal. Any person dissatisfied with or aggrieved by an action of
the planning commission to approve or disapprove a permit or exception,
or to revoke or modify a permit or exception, may appeal such action
to the city council. An appeal shall be filed by timely submitting
to the city clerk a completed appeal form along with a filing fee
in an amount as established by resolution of the city council. The
timely filing of an appeal shall stay the effective date of the action
of the planning commission until such time as the city council has
finally acted on the appeal as set forth in this chapter. In the absence
of a timely appeal, the action of the planning commission shall be
final.
B.
Right
of Councilmembers to Seek Review. In addition to those persons specified
above, any member of the city council may seek to have any action
of the planning commission reviewed by the full council, provided
written notice of such review is filed within the time specified in
this section for appeals. No fee shall be charged for such review.
The notice shall not state the grounds for review. However, the review
shall be conducted in accordance with the procedures established in
this chapter for appeals. The right of councilmembers to seek review
shall not extend to planning commissioners who shall have no right
to bring appeals or review without paying the applicable fee.
C.
Time for Appeal. An appeal shall be filed within fifteen days after the date of personal delivery or mailing of the notice of the planning commission's action required by Section 17.12.120. If said notice is for any reason not delivered or mailed, an appeal shall be filed within thirty days after the date of the action of the planning commission. If the final appeal day falls on a Saturday, Sunday, or legally recognized holiday of the city, then the final appeal day shall be the next regular business day of the city.
D.
Notice of Appeal Hearing. Upon receipt of a timely appeal, the city clerk shall advise the secretary of the planning commission, who shall transmit to the city clerk the planning commission's complete record of the case. The city clerk shall agendize a city council hearing on the appeal for a date not exceeding sixty days after receipt of the appeal. All appeal hearings shall be given in the same manner as was required for the original public hearing before the planning commission. If the challenged action of the planning commission did not occur at a required public hearing, notice of the appeal hearing shall be given in accordance with Section 17.12.070.
(Ord. 740-93 § 1; Ord. 958-05 § 1)
A.
De
Novo Hearing. At all appeal hearings, the city council shall decide
the matter de novo as if no prior planning commission hearing had
been held. All aspects of the planning commission's prior action,
including the decision to approve or deny an application for a permit
or exception, are reviewable by the city council.
B.
Evidence
at Hearing. In deciding an appeal, the city council may consider any
documentary or testimonial evidence presented at the appeal hearing
as is necessary to render an informed decision on the matter.
C.
Continuance.
The city council may continue an appeal hearing from time to time
for the convenience of the parties, to allow additional evidence to
be submitted, or to refer the matter back to the planning commission
for further study or advice.
(Ord. 740-93 § 1)
Upon conclusion of the appeal hearing, and any continuances
thereof, the city council may affirm, reverse, or modify the prior
action of the planning commission. The decision of the city council
upon an appeal is final and conclusive as to all things involved in
the matter.
(Ord. 740-93 § 1)
