Provisions of this chapter specify procedures for hearings before
the City Council, Planning Commission, and Director and appeals of
any requirement, decision or determination made by the Director, or
the Planning Commission.
(Prior code § 159.52.010; Ord. 782 6-20-23)
A.
Applications
shall be noticed consistent with the applicable provisions of California
Government Code Sections 65090, 65091, and 66451.3.
B.
Not
fewer than 10 days before the date of a hearing, public notice shall
be given of such hearing by all of the following methods:
1.
By one publication in a newspaper of general circulation within the
City at least 10 days prior to said hearing. The notice shall state
the nature of the request, the location of the property (text or diagram),
the date, time, and place of the scheduled hearing, and hearing body;
2.
By mailing, 10 days prior to said hearing, postage prepaid, to the
owners of property within a radius of 300 feet of the exterior boundaries
of the property involved in the application, using for this purpose
the last known name and address of such owners as shown upon the current
tax assessor’s records. The list of property owners addresses
shall be typed upon gummed labels, together with required postage.
The list shall be prepared and certified by the applicant, or a title
insurance company, civil engineer or surveyor licensed to practice
in California. The notice shall state the nature of the request, location
of the property (text or diagram), the date, time, and place of the
scheduled hearing, and the hearing body; or, in the event that the
number of owners and tenants to whom notice would be sent is greater
than 1,000, notice may be given at least 10 days prior to the hearing
by placing a display advertisement of at least 1/8 page in the newspaper
of general circulation within the area affected by the proposed action.
The notice shall state the nature of the request, the location of
the property (text or diagram), the date, time, and place of the scheduled
hearing, and the hearing body; and
3.
By mailing, 10 days prior to said hearing, postage prepaid, to the
owner of the subject real property or the owner’s authorized
agent, and to each local agency expected to provide water, sewage,
streets, roads, schools, or other essential facilities or services
to the proposed project. The notice shall state the nature of the
request, the location of the property (text or diagram), the date,
time, and place of the scheduled hearing, and the hearing body.
(Prior code § 159.52.020; Ord. 782 6-20-23)
The Director shall make an investigation of facts bearing on
the case to provide the information necessary for action consistent
with the intent of this Zoning Ordinance and the General Plan. The
Director shall report the findings to the Planning Commission or City
Council, as appropriate.
(Prior code § 159.52.030; Ord. 782 6-20-23)
Hearings as provided for in this chapter shall be held at the
date, time, and place for which notice has been given as required
in this chapter, or as otherwise agreed upon. The summary minutes
shall be prepared, or audio tape made and filed in the Planning Department.
Any hearing may be continued provided that prior to the adjournment
or recess of the hearing, a clear announcement is made specifying
the date, time, and place to which said hearing will be continued.
(Prior code § 159.52.040; Ord. 782 6-20-23)
The Director shall announce and record his or her respective
decisions in writing. The decision shall set forth applicable findings,
either for approval or denial, and any conditions of approval. Following
the decision, a notice of the decision and any conditions of approval
shall be mailed to the applicant at the address shown upon the application.
(Prior code § 159.52.050; Ord. 782 6-20-23)
A.
The
Planning Commission shall announce and record its decision at the
conclusion of the public hearing. The decision shall set forth the
findings of approval or denial of the Planning Commission together
with all required conditions of approval deemed necessary to mitigate
any impacts and protect the health, safety and welfare of the community.
B.
Following
the hearing, a notice of the decision of the Planning Commission,
and any conditions of approval shall be mailed to the applicant at
the address shown upon the application.
C.
The
recommendation with findings of the Planning Commission for the following
applications shall be transmitted to the City Council for final action:
(Prior code § 159.52.060; Ord. 782 6-20-23)
A.
The
City Council shall announce and record its decision at the conclusion
of the public hearing. The decision shall set forth the findings of
the City Council and conditions of approval deemed necessary to mitigate
any impacts and protect the health, safety and welfare of the City.
B.
Following
the hearing, a notice of the decision of the City Council and any
conditions of approval shall be mailed by the City Clerk to the applicant
at the address shown upon the application.
C.
The
decision of the City Council shall be final.
(Prior code § 159.52.070; Ord. 782 6-20-23)
Development Permits approved by the Director shall become effective
upon approval, unless appealed to the City Council. Development Permits
approved by the Director involving solely matters of landscaping,
architecture and design shall become effective upon approval by the
Director, unless appealed to the Planning Commission. Minor exceptions,
variances, all other Development Permits, and Conditional Use Permits,
shall become effective 15 days following the final date of action
(i.e., approval by the appropriate review authority). Specific plans,
General Plan amendments, Zoning Ordinance amendments, development
agreements, and surface mining and land reclamation plans shall become
effective 30 days following the final date of action (i.e., adoption)
by the City Council. The letter of approval shall constitute the permit,
and the resolution or ordinance shall constitute the amendment.
(Prior code § 159.52.080; Ord. 741 10-5-21; Ord. 782 6-20-23)
Any determination or action taken by the Director for matters
solely involving landscaping, architecture and design must first be
appealed to the Planning Commission. The Planning Commission decision
may further be appealed to the City Council. Any determination or
action taken by the Director for any and all other matters may only
be appealed to the City Council. Any action taken by the Planning
Commission to approve or disapprove an application may be appealed
to the City Council.
(Prior code § 159.52.090; Ord. 741 10-5-21; Ord. 782 6-20-23)
Appeals shall be submitted to the Planning Department on a City application form, fees paid, and shall specifically state the basis of the appeal. An appeal of a Director action shall be filed with the Department within 15 days following the final date of action for which an appeal is made. Appeal of a Commission decision shall be filed with the Planning Department within 15 days following the final date of action for which an appeal is made. Appeal of a City Engineer action shall be filed with the Planning Department within 15 days following the final date of action for which an appeal is made. All appeals relating to subdivision matters shall be made within 15 days following the date of the decision or action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 17.68 (Applications and Fees).
(Prior code § 159.52.100; Ord. 782 6-20-23)
The notice of an appeal hearing shall conform to the manner
in which the original notice was given. The appellant shall be responsible
for all, if any, noticing materials required in the original application,
including postage.
(Prior code § 159.52.110; Ord. 782 6-20-23)
An action of the Director solely for matters involving landscaping,
architecture and design appealed to the Planning Commission shall
not become final until acted upon by the Planning Commission. If the
Planning Commission action is further appealed to the City Council,
the action shall not become final until acted upon by the City Council.
An action of the Director appealed to the City Council shall not become
final until acted upon by the City Council.
(Prior code § 159.52.120; Ord. 741 10-5-21; Ord. 782 6-20-23)
When an application for a permit or amendment is denied, no
application for the same or substantially same permit or amendment
shall be filed in whole, or in part, for the ensuing 12 months, except
as otherwise specified at the time of denial. The Director shall determine
whether the new application is for a permit or amendment which is
the same or substantially the same as a previously denied permit or
amendment. No decision of the Director shall be effective until a
period of 15 days has elapsed following the written notice of decision.
(Prior code § 159.52.130; Ord. 782 6-20-23)
In the event that more complete or additional facts or information, which may affect the original action taken on an application by a review authority, are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Planning Department within 15 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 17.104.020 shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant.
(Prior code § 159.52.140; Ord. 782 6-20-23)
