19.40.030 Planning commission approvals.

(A) Authority. The following may be approved by the planning commission, as specified elsewhere in this title:

(1) Conditional use permits, pursuant to Chapter 19.42;

(2) Variances, pursuant to Chapter 19.43;

(3) Sign permits and programs, pursuant to Chapter 19.23;

(4) Planned community development permits, pursuant to Chapter 19.16;

(5) Major modifications of previous planning commission approvals, pursuant to Chapter 19.45;

(6) Applications and entitlements normally subject to community development director approval when filed in conjunction with any of the applications listed above;

(7) Applications referred to the commission by the community development director because of unique circumstances, potential public controversy, or a need for policy direction.

(B) Application.

(1) An application subject to the approval of the planning commission shall be submitted to the community development department on forms specified by the commission, and shall be accompanied by all maps, plans, and other information deemed necessary by the director.

(2) An application shall be accompanied by any fee established by the city council.

(3) The director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application. If such additional information is not provided within ninety days, the application shall be considered withdrawn, and any unused fees shall be refunded to the applicant. At the director's discretion, an additional thirty days may be granted to complete an application.

(1) Upon acceptance of an application as complete and following completion of any environmental review, a public hearing shall be set before the commission.

(2) Notice of the public hearing shall be given in the manner specified in this chapter.

(3) A public hearing shall be held before the commission at the time and place specified by the public notice. The commission may establish rules for the conduct of such hearings. Any hearing may be continued provided that the time and place to which it is continued is announced prior to adjournment or recess.

(D) Decision.

(1) The commission shall comply with the time limits stipulated in California Government Code Section 65950 when making a decision on an application.

(2) The commission shall approve, conditionally approve, or deny an application following the close of the public hearing on an application, or within thirty days thereafter, by resolution. Such resolution shall include any findings required by this title.

(3) Written notice of the commission's decision, including any conditions of approval, shall be given by mail within five calendar days of the decision to the applicant and any person who has filed a written request for notice of the decision.

(4) The commission's decision, including any conditions of approval, is final on expiration of ten calendar days following the decision unless a notice of appeal is filed with the community development director within such time. The date of the decision shall not be counted in determining the final date for filing an appeal. Should an appeal period end on a Saturday, Sunday or holiday, the final day for filing an appeal shall be the following Monday, or the next business day following a holiday.

(5) Requests to delete or modify a condition of approval, or to modify a project may be considered following the expiration of the appeal period at a properly-noticed public hearing before the commission.

(E) Appeal Procedures.

(1) Any decision of the planning commission made pursuant to this chapter may be appealed to the city council by the applicant or any other person aggrieved by the commission's decision. Such appeal may be made by filing a written notice of appeal with the community development director prior to the time the decision becomes final, on forms furnished by the director. The appeal shall be accompanied by the fee established by the city council.

(2) Notice of the hearing on the appeal shall be given in the manner and time provided in this chapter not less than ten days before such hearing to each person entitled to notice of the preceding decision.

(3) The city council may affirm wholly or partly, reverse, modify, or attach additional conditions to the decision which was appealed. The council's decision shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(F) Permit Issuance. No permit shall be issued prior to the expiration of any appeal period for an entitlement.