These provisions specify procedures for hearings before the council, commission, and director and appeals of any requirement, decision or determination made by the director or the commission.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Applications shall be reviewed and processed in a manner consistent with state law (Government Code §§ 65090, 65091, 65453, and 66451.3 and Public Resources Code §§ 21000 et seq.).

Not less than ten days before the date of a scheduled hearing, public notice shall be given by all of the following methods:

(a)

By publication in a newspaper of general circulation serving the city. The 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.

(b)

By mailing, not less than ten days prior to the hearing, postage prepaid, to the owners and tenants of property within a radius of 300 feet for projects determined to be categorically exempt, 500 feet for projects receiving a negative declaration, and 1,000 feet for projects subject to an environmental impact report, of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of these owners as shown upon the current tax assessor's records. Notice is deemed received two days after date of postmark. If rental properties are located within the notification area, the applicant shall provide a list of tenant addresses. The list of property owners and tenant 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 clearly 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.

(c)

By mailing, not less than ten days prior to the 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 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. Notice is deemed received two days after date of postmark.

(d)

In the event that the number of owners and tenants to whom notice would be sent pursuant to (b) above is greater than 1,000, in lieu of notice pursuant to (b), notice may be given, not less than ten days prior to the hearing, 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 Orange County. The 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.

(e)

By posting, not less than ten days prior to the hearing, in at least three public places within the city, including one public place within the area directly affected by the proposed action. The posted 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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The director shall investigate all of the pertinent facts relating to the application in order to provide the written information necessary for action consistent with the intent of this code and the general plan. The director shall provide the written report containing the required findings to the appropriate review authority.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Hearings shall be held at the date, time, and place for which notice has been given as required in this chapter. The summary minutes shall be prepared and made part of the permanent case file. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time, and place to which the hearing will be continued.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The director shall announce and record the decision at the conclusion of the scheduled hearing. The decision shall contain applicable findings and any conditions of approval. 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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The commission shall announce and record its decision at the conclusion of the public hearing. The recorded 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 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 recommendation with findings of the commission for the following applications shall be transmitted to the council for final action:

(a)

General plan amendments.

(b)

Zoning map amendments.

(c)

Development Code amendments.

(d)

Specific plans (including amendments and repeals in compliance with state law [Government Code § 65453]).

(e)

Development agreements.

(f)

Surface mining and land reclamation plans.

(g)

Appeals.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the council and any conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the city.

Following the council 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 council shall be final.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Minor exceptions, variances, planned 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 (including amendments and repeals), general plan amendments, zoning map amendments, Development Code 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 council. The letter of approval shall constitute the permit, and the resolution shall constitute the amendment.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any determination or action taken by the director may only be appealed to the commission. Similarly, any action taken by the commission, to approve or disapprove an application, may be appealed to the council. Any director action may be appealed to the commission by a member of the commission without a filing fee. Such appeals by members of the commission shall be on the basis that the issues presented are of significant interest and should be decided by the commission. Such an appeal shall not be construed to indicate a position in favor of or opposed to the matter by the commissioner who appeals.

Notwithstanding the foregoing, any director action or commission action may be appealed to the city council by a member of the city council without a filing fee. Such appeals by members of the city council shall be on the basis that the issues presented are of significant interest and should be decided by the council. Such an appeal shall not be construed to indicate a position in favor of or opposed to the matter by the councilmember who appeals.

(Ord. No. 98-193, §§ 1—4, 10-19-98; Ord. No. 05-234, § 13, 9-6-05)

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 the director's 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 as specified in chapter 9.55 (Applications and Fees).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Notice of an appeal hearing 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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

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 shall not become final unless and until upheld by the council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

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 12 months 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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)