Division 3. Elements of Procedure

Applications

9173.1 Applications.

A. Form, Content and Information Required. The form and content of all applications and the nature of the information to be submitted therewith shall be as prescribed by the Director.

B. Acceptance. No application shall be formally accepted by the Director until:

1. All required information has been submitted.

2. A period of at least six (6) months has elapsed since final action has been taken on any application for the same or substantially the same matter.

3. The application fee, if any, has been paid. If, after accepting an application, the Director finds that all required information has not been submitted, the processing of the application and the running of any applicable time limits shall be suspended upon written notice to the applicant.

Hearings

9173.21 Setting of Hearing.

A. All required hearings shall be held, in the first instance, by the Commission.

B. The Director shall set the time and place for Commission hearing.

C. Any hearing on appeal from a Commission action, or other required hearing subsequent to a Commission hearing shall be held by the Council.

D. The City Clerk shall set the time and place for Council hearing.

9173.22 Notification of Hearing (California Government Code Sections 65854 through 65854.5).

A. Time. Notice of hearing shall be given at least ten (10) calendar days before the hearing.

B. Content. A notice of hearing shall include:

1. Time and place of hearing.

2. A general explanation of the matter to be considered.

3. A general description of the area affected.

C. Posting. When a notice by posting is required, such notice shall be posted in at least three (3) public places in the City as designated by the Council. In addition, any property that is the subject of an administrative/quasi-judicial public hearing shall be posted by the applicant ten (10) days prior to the hearing in accordance with the requirements prescribed by the Director.

D. Notice to Owners of Property within Seven Hundred Fifty (750) Feet.

1. When notice to owners of property within three hundred (300) feet of the subject property is required by Sections 65091, 65095 and 65854 of the Government Code, or by any other applicable statute, such notice shall be made by first class mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within seven hundred fifty (750) feet of the subject property.

2. In connection with a legislative matter, in the event that the number of owners to whom notice would be sent pursuant to the preceding paragraph is greater than one thousand (1,000), as an alternative to such notice, notice may be given by either of the following procedures:

a. By placing a display advertisement of at least one-eighth (1/8) page in a newspaper of general circulation published nearest to the City of Carson; or

b. By placing an insert with any generalized first class mailing sent by the City to property owners in the area affected.

c. Such advertisement or mailing insert shall specify:

(i) The type and magnitude of the changes proposed.

(ii) The place where copies of the proposed changes may be obtained.

(iii) The time, date and place of hearing.

(iv) The right to appear and be heard.

E. Notice to Persons Requiring Notice. In all cases, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request therefor with the Commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. A reasonable fee may be imposed on persons requesting such notice for the purpose of recovering the cost of such mailing.

F. Notice to Affected Agencies. When notice to local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities is required, such notice shall be made by first class mail or delivery to each such agency. (Ord. 19-1904, § 10)

9173.23 Conduct of Hearing.

A. Rules. The Commission shall adopt and publish rules for the conduct of its hearings.

B. Continuances. Any hearing may be continued from time to time if the time and place of the continuance is announced prior to adjournment.

C. Record of Hearing. Each hearing shall be recorded electronically or stenographically. A transcript shall be prepared and provided to any person on request and the payment of a fee to recover the cost of such preparation.

Decisions

9173.31 Findings and Decision.

A. In connection with each decision by the Commission or Director, written findings shall be adopted relating to the applicable criteria of the State Planning and Zoning Law and of this Chapter, and based upon the hearing and the record of the case.

B. When more than one (1) type of decision is being made on a case, the findings and decision for each type of decision shall be presented as a separate document.

9173.32 Notification of Decision.

For each decision, notice of the decision shall be sent by first class mail to:

A. The applicant or person initially requesting consideration of the matter.

B. Each person who has filed a written request therefor. (Ord. 78-434)

9173.33 Effective Date.

Except as otherwise provided in the decision or by law:

A. Decisions which are subject to appeal shall become effective fifteen (15) days from the date of action by the Commission or, in the case of Director’s decision, fifteen (15) days from the date of the written notice containing the decision, unless appealed.

B. Decisions not subject to appeal shall become effective immediately.

Appeals

9173.4 Appeals.

A. Appellate Authority. Any decision made by the Director pursuant to this Chapter may be appealed to the Commission. Any decision made by the Commission pursuant to this Chapter may be appealed to the Council.

B. Filing of Appeal.

1. An appeal may be filed by any person, including any member of the City Council or the City Manager. In the event of an appeal by any member of the City Council or the City Manager, CMC 9173.9 shall not apply and there shall be no fee required from any member of the City Council or the City Manager to perfect an appeal.

2. An appeal shall be filed in writing within fifteen (15) days of the date of the Commission action, or in the case of an action by the Director, within fifteen (15) days of the date of the notice of decision.

3. The form and content of an appeal shall include:

a. The street address, if there is one, otherwise the legal description and location of the premises included in the action.

b. The administrative file number (case number) identifying the matter which is being appealed.

c. The specific matter being appealed.

d. A statement of the grounds for appeal or how there is error in the decision of the matter being appealed; provided, however, that in the event of an appeal by any member of the City Council or the City Manager, subsections (a), (b), and (c) of this Section shall not apply and the statement of grounds need only provide, in substance and effect, a request that a specific decision, administrative case number, or resolution number, as the case may be, be reviewed by the Planning Commission or City Council, as the case may be. No other grounds for appeal need be stated to perfect such appeal and such statement need only be filed with the City Clerk.

4. Unless otherwise provided, all appeals shall be filed with the City Clerk.

5. If the appeal is found to be deficient, the City Clerk shall deliver or mail to the appellant, by certified mail, a notice specifying the particulars in which the appeal is deficient. If such deficiency has not been corrected by the appellant within seven (7) days after such mailing of such a notice of deficiency by filing with the City Clerk a sufficient amendment to the appeal, the appeal shall be deemed to be withdrawn and the appeal fee shall be returned to the appellant.

C. Consideration and Decision.

1. Upon acceptance of the filing of an appeal, the City Clerk shall set the matter for public hearing before the appellate body, in the same manner as required for a Commission hearing of such matter. The City Clerk shall notify the Director who shall transmit to the appellate body a summary of the factual data and the record of action taken on the case.

2. Except as otherwise provided in this Chapter, in acting on an appeal the appellate body may:

a. Affirm the decision; or

b. Modify the decision; or

c. Refer the matter back to the body from which the appeal originated, with instructions; or

d. Reverse the decision.

3. Unless referred back to the body from which the appeal originated, the appellate decision shall be supported by written findings.

D. Failure to Act. The appellate body shall, within sixty (60) days of the filing of an appeal, act to either affirm, reverse, modify, continue or refer matter back.

E. Following the denial of any permit application by the Director, the Planning Commission, or the City Council, as the case may be, or upon the revocation of any permit, use permit, or conditional use permit by the Director, the Planning Commission, or the City Council, as the case may be, no application for a permit, use permit, or conditional use permit for the same or substantially the same use or conditional use on the same or substantially the same real property shall be filed within one (1) year from the date denial or revocation of the permit, use permit, or conditional use permit became final within the meaning of this Chapter. (Ord. 78-458, § 1; Ord. 83-668, § 1; Ord. 84-701, § 1; Ord. 17-1634, §§ 1 – 3)

9173.5 Statute of Limitations.

A. Any court action or proceeding to attack, review, set aside, void or annul any decision regarding the General Plan or any matter mentioned in this Chapter (other than a matter governed by Government Code Section 65907) or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, shall not be maintained by any person unless such action or proceeding is commenced within sixty (60) days after the date on which such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.

B. Any court action brought pursuant to Code of Civil Procedure Section 1094.5 to attack, review, set aside, void or annul any decision denying an application for a permit or revoking a previously granted permit, shall not be maintained by any person unless such action is commenced within ninety (90) days after the date on which such decision becomes final. This subsection has been adopted pursuant to Code of Civil Procedure Section 1094.6. (Ord. 78-458, § 1)

9173.6 Reserved.

9173.7 Reserved.

9173.8 Reserved.

Fees

9173.9 Fees.

The fees to be paid in connection with applications, appeals and other matters of procedure provided for in this Chapter shall be determined by resolution of the City Council. (Ord. 74-479; Ord. 82-589U, § 2; Ord. 82-607, § 1; Ord. 82-618, § 2)