12-21-2010 - Public HearingCode Amendment No. 09-06Recycling Fa - Item 13 attach 5 (2).doc ATTACHMENT 3
Summary of Proposed Code Changes
Notices, Appeals and Revocation Process
A requirement that the Planning Commission will be the hearing body for all permits approved by the Planning Director and the Planning Commission. Currently, items approved by the Planning
Director require review by a hearing officer (staff) and can then be appealed to the Planning Commission. The proposed change reduces the number of appeals possible, the number of
revocation hearings that can occur, and the time it takes to revoke a permit.
Grounds for revocation. The current code does include most of the grounds that can be used to revoke a permit. The proposed revision adds to grounds that include the following.
The development entitlement dependent thereon has been revoked or suspended.
The use is being operated in violation of any federal, state or local law which results in detriment to the public health, safety or welfare.
Process for initiating revocation proceedings. The proposed code amendment indicates that a revocation can be initiated by the City Council, Planning Commission, or Planning Director.
Guidelines for notice of hearing for Conditional Use Permits and Administrative Use Permits. In the case of revocations, the current code does not specifically indicate requirements
for notification, the notification requirements were those of standard public hearings. The draft code amendment establishes notification requirements specific to revocation, and requires
notification for the revocation of permits that do not require notification for approval (Administrative Reviews).
Standards for hearing notice content. The draft code amendment enumerates the information required to be included in the revocation hearing notice.
Hearing procedures and standards. The current code does not specify procedures for how a revocation hearing process is to occur. The draft code establishes standards for officiating
the hearing, witnesses, evidence, and recording the hearing.
Requirements for notification of a decision by the hearing board. The proposed code amendment states that the decision of the hearing board be in writing and within a timely manner
(generally 30 days after the hearing).
Procedures for appeals of the decision of the hearing board. The draft code amendment includes a 10 day appeal period, requirement for payment of an appeal, and requires the appellant
to share the cost of the preparation of the administrative record (such as transcript).
Procedures and guidelines for decision of the City Council on appeal. The new standards establish procedures for the City Council hearing and decision.
Limiting the number of appeals. The draft code amendment limits the number of appeals by beginning the revocation hearing at the Planning Commission rather than at staff level.
Limiting the appeal to review of the decision rather than a new hearing. The new standards do not require a full revocation hearing before the City Council, rather, the City Council
will review the decision of the Planning Commission.
Procedures for preparation and payment for the record on appeal. The new code requires the appellant to pay half the cost of the administrative records and requires that payment be
received or the appeal process terminates.
Standards for terminating revocation procedures. The draft code amendment allows for the termination of revocation proceedings if the nuisance is resolved or the operation of the building
ceases.