The following provisions are intended to specify procedures for hearing before the Council, Commission, and Director and appeals or call for review of any requirement, decision or determination made by the Commission or Director.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 1, Ord. 835-NS, eff. March 2, 2009, and § 13, Ord. 2019-978, eff. September 5, 2019)
Applications shall be reviewed and processed in compliance with State law (Government Code Sections 65090, 65091 and 66451.3 and Public Resources Code 21000 et seq.).
Not less than 10 days (or as required by CEQA) before the date of a scheduled hearing, public notice shall be given in the following manner:
1. 
By publication in a newspaper of general circulation serving the City;
2. 
By mailing, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, or as required by CEQA review regulations, using the last known name and address of these owners as shown upon the current tax assessor's records of the County of Los Angeles. Notice is deemed received two days after date of postmark. The list of property owners' names and addresses shall be typed upon self-stick labels, together with the 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;
3. 
By mailing, postage prepaid, to the owner of the subject property or the owner's authorized agent (project applicant) and to each local agency expected to provide roads, schools, sewage, streets, water or other essential facilities or services to the proposed project. Notice is deemed received two days after date of postmark;
4. 
In the event that the number of owners to whom notice would be sent in compliance with subsection (2) of this section, is greater than 1,000, in lieu of notice in compliance with subsection (2) of this section, notice may be given by placing a display advertisement of at least one-eighth page in the newspaper having the greatest circulation within the area directly affected by the proposed action and in at least one additional newspaper having general circulation within Los Angeles County, in compliance with State law (Government Code Section 65091(a)(3));
5. 
By posting in at least five public places within the City, including one public place within the area directly affected by the proposed action; and
6. 
In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable. The Director's action may be appealed in compliance with Section 9-2.2311 (Appeal of Action), below.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Any legal notice shall clearly 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.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The Director shall investigate all of the pertinent facts relating to the application in order to provide the written information necessary for action in compliance with the purpose/intent of this Code and the General Plan. The Director shall provide the written report, containing a recommendation and the required findings, to the appropriate Review Authority.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1. 
Holding of Hearings. Hearings shall be held at the date, time and place described in the public notice required by this chapter.
2. 
Continuances. If a hearing cannot be completed on the scheduled day, the Director or presiding Commissioner or Councilperson, before the adjournment or recess of the hearing, may continue the hearing, for later action, by publicly announcing the date, time and place to which the hearing will be continued.
3. 
Additional Notice not Required. Additional notice for the continued hearing is not required.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The Director shall announce and record the decision at the conclusion of the scheduled public hearing, if one is required. The decision shall contain applicable findings and any conditions of approval imposed by the Director. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. The decision of the Director shall be final unless appealed to the Commission.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The Commission shall announce and record its decision after the conclusion of the scheduled public hearing. The decision shall contain the action of the Commission, including all findings, conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.
Following the Commission's action, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. The decision of the Commission shall be final unless appealed to the Council or called for review by the Council, as provided for in this article.
The recommendation with findings of the Commission for the following applications shall be transmitted to the Council for final action:
1. 
Development Agreements;
2. 
General Plan Amendments;
3. 
Specific Plans;
4. 
Zoning Code Amendments; and
5. 
Zoning Map Amendments.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 2, Ord. 835-NS, eff. March 2, 2009, and § 13, Ord. 2019-978, eff. September 5, 2019)
The Council shall announce and record its decision after the conclusion of the scheduled public hearing. The decision shall contain the findings of the Council and any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.
Following the Council's action, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.
The decision of the Council shall be final.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Minor Modifications, Variances, Development Permits, Minor Conditional Use Permits and Conditional Use Permits shall become effective on the 16th day following the final date of action (e.g., approval) by the appropriate Review Authority. The letter of approval shall constitute the City's authorization.
Development Agreements (including amendments and extensions), Zoning Code Amendments, Zoning Map Amendments and Specific Plans (including amendments and repeals) shall become effective on the 31st day following the final date of action (e.g., adoption) by the Council. General Plan Amendments shall become effective immediately following the final date of action (e.g., approval) by the Council. The ordinance/resolution shall constitute the City's formal action on the agreement, amendment or plan.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The decision of the Director or Commission is final unless appealed or called for review in compliance with this article.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 3, Ord. 835-NS, eff. March 2, 2009, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1. 
Any determination or action taken by the Director may only be appealed to the Planning Commission. Similarly, any action taken by the Commission, to approve or disapprove an application may be appealed to the Council.
2. 
Any determination, decision, order, interpretation or ruling of the Planning Commission may be called up for City Council review upon written request by any one member of the City Council.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 4, Ord. 835-NS, eff. March 2, 2009, and § 13, Ord. 2019-978, eff. September 5, 2019)
1. 
All appeals shall be submitted in writing on a City application form and shall specifically state the pertinent facts of the case and 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. An appeal of a Commission decision shall be filed in the office of the City Clerk within 15 days following the final date of action for which an appeal is made. Appeals shall be accompanied by a filing fee in compliance with Article 22 of this chapter (Applications and Fees).
2. 
A call for city council review may be initiated by any one member of the City Council and shall be filed with the City Clerk within 15 days following the final date of action of the Planning Commission. The calls for review shall not state that the planning commission has committed error or otherwise suggest that the Councilperson seeking review has predetermined the matter to be heard by the Council. No fee shall be required for a call for review.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 5, Ord. 835-NS, eff. March 2, 2009, and § 13, Ord. 2019-978, eff. September 5, 2019)
Notice of an appeal hearing or call for review shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials which were required in the original application. In the case for a call for review, the City shall be responsible for all noticing materials which were required in the original application.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 6, Ord. 835-NS, eff. March 2, 2009, and § 13, Ord. 2019-978, eff. September 5, 2019)
The hearing for the appeal or the call for review shall allow the introduction of all pertinent information, including the reintroduction of the information on the record from the original hearing(s). If a continuance of the appeal hearing or the call for review is desired, the presiding Commissioner or Councilperson, as applicable, before the adjournment or recess of the hearing, may continue the hearing, for later action, by publicly announcing the date, time and place to which the hearing will be continued. Additional notice for the continued hearing is not required.
The review body shall announce and record its decision after the conclusion of the scheduled or continued public hearing. The decision shall contain the findings, any conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 7, Ord. 835-NS, eff. March 2, 2009, and § 13, Ord. 2019-978, eff. September 5, 2019)
An action of the Director appealed to the Commission shall not become final unless and until upheld by the Commission. An action of the Commission appealed to the Council or an action following a review hearing shall not become final unless and until upheld or determined by the Council.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 8, Ord. 835-NS, eff. March 2, 2009, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
When an application for a permit or amendment is disapproved, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing one year except as otherwise specified at the time of disapproval. 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 disapproved 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.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
If 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 the action taken, if a request for reconsideration is filed by the original project applicant, with the Department, within 90 days following the final date of action. If a public hearing was required in the original review process, another public notice shall be given prior to the reconsideration by the Review Authority, and all costs associated with the reconsideration shall be paid by the applicant.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)