Sec. 38-210. Hearing Date -- Notice.
A.Upon receipt of the notice of appeal, the City Council shall set the matter for hearing within 45 days from the date of the filing of the appeal and payment of fees, and shall give notice of the date, time, and place thereof to the applicant at least 10 days prior to the date of the hearing; except that, for wireless facilities, notice will be provided at least three business days prior to the date of the hearing. The date of hearing may be extended only upon written consent of the original applicant; however, once begun, a hearing may be continued if the City Council or Planning Commission needs further information to facilitate a fair and adequate determination of the appeal.
The City Clerk shall cause notice of the time, place, and purpose of the hearing to be given, as follows:
1.Publication of notice of hearing in a newspaper of general circulation in the City of Monterey not less than five days prior to date of hearing, except that an appeal hearing for a wireless facility application controlled by Section 38-112.4 shall be given not less than three business days prior to date of hearing.
2.Mailing notice as prescribed in Section 38-159.
Failure of parties to receive notice of hearing shall in no way affect the validity of action taken.
Prior to such hearing, a full record in writing shall be submitted to the City Clerk by the body whose action is appealed setting forth reasons for the action taken, and said body shall further present at the hearing all exhibits, notices, petitions, and other papers and documents on file with said body.
B.Upon receipt of the notice of appeal of an Architectural Review Committee or administrative action, the Community Development Department shall set the matter for hearing before the Planning Commission within 45 days from date of the filing of the appeal and payment of fees, and shall give notice of the date, time, and place thereof to the applicant, appellant, and to the body whose action is appealed at least 10 days prior to the date of the hearing. The date of hearing may be extended only upon written consent of the original applicant; however, once begun, a hearing may be continued if the Planning Commission needs further information to facilitate a fair and adequate determination of the appeal.
The Community Development Director shall cause notice of the time, place, and purpose of the hearing to be given, as follows:
1.Publication of notice of hearing in a newspaper of general circulation in the City of Monterey not less than five days prior to date of hearing.
2.Mailing of notice of appeal hearing consistent with current Architectural Review Committee procedures for appeals of Architectural Review Committee action and administrative actions on Architectural Review Committee matters.
3.Mailing of notice as prescribed in Section 38-159.
Failure of parties to receive notice of hearing shall in no way affect the validity of action taken.
Prior to such hearing, a full record in writing shall be submitted to the Community Development Director by the body whose action is appealed setting forth reasons for the action taken, and said body shall further present at the hearing all exhibits, notices, petitions, and other papers and documents on file with said body. (Ord. 3653 § 19, 2022)
C.Upon receipt of the notice of appeal of an administrative action that involves architectural review matters, the Community Development Department shall set the appeal for hearing before the Architectural Review Committee within 45 days from the date of the filing of the appeal and payment of fees, and shall give notice of the date, time, and place thereof to the applicant, appellant, and to the administrator whose action is appealed consistent with current Architectural Review Committee procedures. (Ord. 3653 § 19, 2022; Ord. 3586 § 4, 2018)