The provisions of division 16-64 establish the procedures and requirements for hearings and decisions of the design review board, planning commission, and town council.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Upon receipt of a completed application for which a hearing is required, the director shall set a reasonable time and place for a hearing before the appropriate review authority and the hearing shall be held in accordance with the procedures and requirements set forth in this zoning ordinance.

B.

Hearings on applications before the review authority shall be held at regularly scheduled meetings, or at adjourned or special meetings held by the review authority.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

Notice of such hearings shall be as provided herein, and in the case of formal public hearings, notice shall be provided as required by California Government Code Section 65090 et seq., as amended.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Review at hearings. The review authority shall review the application or action and other evidence relevant to the action requested. The review authority shall hear all persons wishing to be heard on the matter. The applicant or appellant may appear on his own behalf or may be represented by his duly authorized agent or counsel.

B.

Transcript of hearing.

1.

Any person interested in an application, appeal, or proposed action of the review authority, may in advance of the hearing, request the director, secretary of the review authority, or town clerk (as applicable) to provide for recording all testimony in a stenographic report. Such request shall be in writing at least five business days prior to the hearing and the person making the request shall prior to the hearing deposit with the town a sum of cash sufficient to pay all costs involved in the taking and preparation of the stenographic report, as reasonably determined by the town.

2.

If two or more persons request a stenographic report of the testimony, they shall share the cost equally. Such costs shall be in addition to any other fees. Nothing in this section shall prevent any interested person from employing a stenographic reporter of his own, if he so chooses. The interested person shall provide a complete copy of such transcript, if requested, at no cost to the town, as soon as the transcript becomes available.

3.

The review authority on its own motion may provide for the recording of testimony in a stenographic report within limits of funds available for such purposes.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Design review board findings, conditions, and decisions. The board's action may be by resolution or other means that shall clearly set forth the findings required by any applicable sections of this zoning ordinance, and which shall set forth any conditions imposed by the board. Any action taken by the board shall be by a majority of those voting. Tie votes shall constitute a failure of the motion to pass. The lack of an affirmative majority for approval by those voting shall constitute a denial of an application or request. The board's decision shall be final unless an appeal is filed with the council, as provided in division 16-66 (appeals).

B.

Commission findings, conditions, decisions, and recommendations. A decision by the commission on an application may be issued by resolution or other means that shall clearly set forth the findings required by any applicable section of this zoning ordinance, and that shall set forth any conditions imposed by the commission. Any action taken shall be by a majority of those voting, unless otherwise required by state law. A tie vote shall constitute a failure of a motion to pass. The lack of an affirmative majority for approval by those voting shall constitute a denial of an application or request. The commission's decision shall be final unless an appeal is filed with the council, as provided in division 16-66 (appeals), unless the action of the commission is in the form of a recommendation to the council.

C.

Council findings, conditions, and decisions. The council shall approve, approve with conditions, deny or remand for additional review any application or any other action recommended to it by the commission, board, or town official. Any action taken shall be by a majority of those voting, unless otherwise required by state law. A tie vote shall constitute a failure of a motion to pass. The lack of an affirmative majority for approval by those voting shall constitute a denial of an application, appeal, or request. Council decisions are final.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Notice of design review board decision. Within a reasonable period of time following a decision of the board, notice of the decision shall be sent by first-class mail to the applicant at the address as shown on the application or the last known address of the applicant. Notice may also be sent by e-mail to the e-mail address of the applicant. The form, content and method of delivery of the notice shall be within the discretion of the director.

B.

Notice of commission decision or recommendations. Within a reasonable period of time following a decision or recommendation by the commission, notice of the decision shall be sent by first-class mail to the applicant at the address shown on the application or the last known address of the application. The form and content of the notice shall be within the discretion of the director.

C.

Notice of council decision. Within a reasonable period of time, not to exceed ten days following a final decision of the council, notice of the decision shall be sent by first-class mail to the applicant and/or appellant at the address as shown on the application or the last known address of the applicant and/or appellant. The form and content of the notice shall be within the discretion of the director.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Permanent records. The director, secretary of the review authority, or town clerk (as applicable) shall make a record of the evidence presented at hearings. the record, together with any resolution or other document announcing the decision of the review authority, shall be maintained as a part of the permanent records of the town.

B.

Transmittal of records to the council. If the review authority recommends approval or denial of the application or the proposed action, the secretary of the review authority shall transmit the administrative record of the case to the council at the time of filing the resolution with the council. In the case of an appeal, the secretary of the review authority shall expeditiously transmit the administrative record of the case to the council.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

The review authority may require by condition of approval that the applicant and successors in interest to the project and site indemnify, protect, and hold harmless the town, its council members, employees, officials, and agents, from and against any and all liability, losses, claims, damages, expenses, and costs (including attorney, expert witness and consultant fees, and litigation expenses) that may at any time arise or be set up because of damages to property or personal injury arising out of or in connection with negligent acts by the applicant, successors in interest, and/or the agents or employees of same, except loss or damage that was caused by the negligence or willful misconduct of the town.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)