Chapter 18.43
HEARINGS AND APPEALS THEREFROM

Sections:

18.43.02    Intent and Purpose.

18.43.04    Applicability.

18.43.06    Procedure for Hearings and Appeal Therefrom.

18.43.02 Intent and Purpose.

These regulations are designed to establish uniform hearing and processing procedures to apply to conditional use permits, variances, zone changes, amendments to this ordinance, general plan amendments for the land use element, and such other procedures as the City Council may deem appropriate in the future. (Ord. 353 Sec. 1(B), 1976)

18.43.04 Applicability.

Whenever this chapter is referred to in other chapters of this ordinance, and subsequent amendments thereto, the following procedures for hearings, notice of appeal and City Council-initiated review shall apply.

18.43.06 Procedure for Hearings and Appeal Therefrom.

(1)    A public hearing shall be held before the Planning Commission and the time and date therefor shall be set by the Commission Secretary for not fewer than 10 calendar days and no more than 45 calendar days after the filing of an application pursuant to the pertinent provisions of the applicable chapter.

(2)    Notice of the public hearing shall contain the date, time and place of the hearing; the legal description and location of the property subject to the hearing; and the specific action being applied for.

(3)    The Commission Secretary shall cause notice of the public hearing to be published at least once in a newspaper of general circulation, published and circulated in the City, or if there is none, it shall be posted in at least three public places within the City, not less than 10 calendar days before the date of said hearing, and cause said notice to be mailed, postage prepaid, not less than 10 calendar days before the date of said hearing to owners of real property within a minimum radius of 300 feet of the exterior boundaries of the property which is the subject of the application, or within the minimum radius that is required such that a minimum of 25 property owners will be notified. The names and addresses of property owners for mailing the notice of public hearing shall be taken from the last equalized assessment roll, or, alternatively, from such other records as contain more recent information in the opinion of the Planning Commission.

(4)    The Planning Commission shall, not less than 10 calendar days nor more than 35 calendar days after publication of said notice, hold said public hearing at the time, date and place stated in said public notice. The Commission may establish its own rules for the conduct of public hearing and that member of the Commission presiding at such hearings is hereby empowered to administer oaths to any person testifying, and may compel attendance of witnesses. The Commission may, for any reason it deems necessary or desirable, continue such hearing to a time, date and place certain. A summary of all testimony offered at the public hearing, the names and addresses of the persons so testifying, copies of all notices, affidavits of posting, mailing and publishing and all written documentation introduced as evidence at the hearing, including the City’s staff report, shall become a part of the permanent files of the subject case.

(5)    Each decision by the Commission on a petition for a permit, variance or other quasi-judicial type action shall be by Commission resolution. Each decision by the Commission on a petition for change of zone or other legislative type action shall be in the form of a written recommendation to the City Council, which shall include the reasons for the recommendation. Said written recommendation shall be filed with the City Clerk for transmittal to the Council.

(6)    On any application for action of a quasi-judicial nature, including applications for permits and variances, the Commission shall make its findings and determination no later than 35 calendar days after closure of the public hearing on such application; and shall transmit a copy of its resolution of decision to the applicant and to the City Clerk for transmittal as information only. The Planning Commission action is final unless appealed by the City Council.

(7)    As to legislative type proceedings, including amendments to the zoning regulation of City or petitions for a change of zone, the Commission shall no later than 35 calendar days after the closure of the public hearing transmit its written recommendation to the Council.

(8)    As to legislative type proceedings, including amendments to the zoning regulations of the City or petitions for change of zone, the City Council shall hold a hearing thereon in accordance with the provisions contained in this section regarding Planning Commission hearings.

(9)    No permit or variance granted by the Commission hereunder, as provided in City’s zoning ordinances, shall become effective until 10 days after the date of the resolution granting said permit or variance, or until the effective date thereof as provided in said permit or variance, provided that the latter date is more than 10 days after the effective date of said resolution.

(10)    All decisions of the Planning Commission concerning applications for action of a quasi-judicial nature, including permits or variances, shall be final unless appealed.

(11)    Any decision of the Planning Commission regarding the granting or denial of any permit or variance may be appealed to the City Council by either the applicant or any other person aggrieved by such decision; provided, written notice of such appeal shall be filed with the City Clerk within 10 days from the date the Commission’s resolution is adopted. Further, all decisions of the City Planning Commission granting or denying permits or variances shall be subject to review by the City Council, either by appeal or upon its own motion, or upon request of the City Planning Commission provided the City Council may not request a public hearing on the matter later than 20 days after Planning Commission action.

(a)    Form of Appeal. Each appeal to the Council shall be in writing with a copy thereof given the Commission stating the grounds therefor and setting forth wherein the Commission failed in rendering its decision to conform to the requirements of this part.

(b)    Appeal Fees. Filing fees, in an amount as specified by resolution of the Council, shall be paid upon the filing of an appeal requesting the Council review the action of the Commission taken with the regard to any application for a permit or variance.

(c)    Effect of Appeal or Review. The filing of an appeal stays proceedings in the matter appealed, until the determination of the appeal.

(d)    Date and Notification of Appeals. Upon the receipt of a written appeal filed with the Council, as provided herein, the Council shall advise the Secretary of the Commission that an appeal therefrom has been filed, whereupon the Secretary of the Commission shall transmit to the Council the complete record in said case, including a resolution of its findings and decisions, and a report and summary of the evidence presented to the Commission. Upon receipt of the files in such manner, the Council within a period not to exceed 40 days following the receipt of said written appeal shall give notice of such public hearing as provided in this chapter.

(e)    Council Hearing. The Council shall announce its findings and decisions on any review of appeal of a Commission decision by resolution for granting or denying a permit or variance. Such resolution shall recite, among other things, the reasons which, in the opinion of the Council, make the granting or denial of such permit or variance necessary to carry out the general purpose of this part. The decision of the Council overruling any Commission decision shall be by action of a majority of the Council, and shall be final and conclusive. Following the adoption of the resolution, the Council shall have forwarded one copy of the resolution to the appellant and one copy shall be attached to the complete file in the case and returned to the Commission for permanent filing. (Ord. 975 Sec. 1, 2014; Ord. 849, 2006; Ord. 487 Sec. 1, 1983; Ord. 455 Sec. 1, 1981)