These provisions are intended to specify procedures for public hearings and to provide recourse in the event that any person is aggrieved by any requirement, decision or determination in the administration or enforcement of this Article.

(Ord. No. 58, Renumbered, 08/14/85, 9.30.010)

Applications shall be reviewed and processed in a manner consistent with the provisions of California Government Code Sections 65920 through 65944 to the extent such provisions are applicable.

(Ord. No. 58, Renumbered, 08/14/85, 9.30.020; Ord. No. 192-05, Amended, 3/9/05)

A.

Notice of public hearings for a proposed zoning ordinance or proposed amendment to a zoning ordinance shall be given in a manner consistent with the provisions of California Government Code Sections 65854 and 65856.

B.

Notice of public hearings for a proposed adoption of or amendment to a General Plan shall be given in a manner consistent with the provisions of California Government Code Section 65355.

C.

Notice of public hearings for planned development permits, conditional use permits, or variances, or revocations or modifications to planned development permits, conditional use permits, or variances, shall be given in a manner consistent with the provisions of California Government Code Section 65905. Notice shall also be given by posting a sign on the subject site describing the nature of the proposed project and identifying the time and date of the scheduled public hearing. The size, dimension and design of the required on-site signage shall be determined by the Planning Director.

D.

Notice of public hearings for any permit or action not listed above shall be given in a manner consistent with the provisions of California Government Code Section 65090.

E.

Nothing in this Section shall preclude the City from requiring public notification in excess of the above-referenced requirements.

(Ord. No. 53, Amended, 06/13/84; Ord. No. 58, Renumbered, 08/14/85, 9.30.030; Ord. No. 150-97, Amended, 7/30/97; Ord. No. 192-05, Amended, 3/9/05)

Public hearings as provided for in this Article shall be held at the time and place for which notice has been given as required in this Chapter. A brief summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent file of the case. Any such hearings may be continued provided that prior to the adjournment or recess thereof, the chairperson announces the time and place to which such hearings will be continued.

(Ord. No. 58, Renumbered, 08/14/85, 9.30.040; Ord. No. 192-05, Amended, 3/9/05)

Within ten (10) days after a decision has been made regarding an application for which a public hearing is required, notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

(Ord. No. 58, Renumbered, 08/14/85, 9.30.050)

Variances, modifications, conditional use permits and planned development permits shall become effective ten (10) days following the approval by the appropriate review authority. Zoning map amendments and zoning text amendments shall become effective thirty (30) days following adoption by the City Council. No permit or license shall be issued for any use involved in an application for approval of a permit until, and unless, the same shall have become final.

(Ord. No. 58, Renumbered, 08/14/85, 9.30.060)

Any person aggrieved by any determination, interpretation, decision, judgment or similar action taken by the Planning Director or City staff under the provisions of this Article may appeal such action to the City Council.

(Ord. No. 58, Renumbered, 08/14/85, 9.30.070)

Appeals shall be addressed to the City Council on a form prescribed by the City, and shall state the basis of the appeal. An appeal of any action shall be filed with the City Clerk within ten (10) days following the notice of decision from which an appeal is made. Appeals shall be accompanied by the filing fee as specified in Chapter 9.35 of this Article.

(Ord. No. 58, Renumbered, 08/14/85, 9.30.080)

Public notice of an appeal hearing shall conform to the manner in which the original notice was given.

(Ord. No. 58, Renumbered, 08/14/85, 9.30.090)

An action appealed to the Council shall be stayed pending a decision by the Council. The appeal hearing shall be a de novo hearing. The criteria governing the appeal hearing shall be the same as applied for the original decision. In the event of a tie vote by the Council, the appeal shall be denied and the original decision shall be effective.

(Ord. No. 58, Renumbered, 08/14/85, 9.30.100; Ord. No. 192-05, Amended, 3/9/05)

An application or appeal denied by the City Council shall be deemed to be denied with prejudice unless specifically stated to be without prejudice. If an application or appeal is denied with prejudice by the Council, no further application for the denied request may be filed in the ensuing twelve (12) months except as otherwise provided for by the Council.

(Ord. No. 58, Renumbered, 08/14/85, 9.30.110)