17.52.070 Permit—Hearing—Appeal.
A public hearing to consider the granting, suspension or revocation of a permit; an operator's financial capability of a performing reclamation; or abandonment of a surface mining operation without commencing reclamation shall be in accordance with the following procedures:
A. A public hearing is required before a reclamation plan can be approved. Notice of the time, date and place of the public hearing, including a general description of the area and mining operation being considered. shall be given at least ten days prior to the hearing by all of the following procedures:
1. Mailing to all owners of real property which is located within six hundred feet of the exterior boundaries of the proposed project. as such owners are shown on the last equalized assessment roll;
2. Publication once in a newspaper of general circulation in the city;
3. The city clerk may require additional notice be given by posting in conspicuous places close to the property affected and may require notification to property owners along proposed local transportation routes.
B. At the public hearing the city council/planning commission shall hear relevant testimony from interested persons and, within a reasonable time after the close of the hearing, make its decision; provided, however, that an application for a permit shall not be granted unless that permit is expressly subject to such conditions as are necessary to protect the health, safety or general welfare of the community. The decision of the planning commission/city council and the reasons for the decision shall be reduced to writing and shall be filed by the city clerk of the city council, together with a report of the proceedings, not more than fifteen days after the decision. A copy of the notice of the decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. If the city council/planning commission is unable to make a decision, that fact shall be filed with the city clerk in the same manner for reporting decisions and shall be considered as notice of denial of the application. The city clerk shall place the notice of the decision on the next agenda of the city council held five or more days after the decision.
C. The decision of the city council/ planning commission is considered final and no action by the city council is required unless, within ten days after the notice of decision appears on the council's agenda, the applicant or an interested person files an appeal. accompanied by the appropriate filing fee, with the city clerk or unless the appeals board assumes jurisdiction by ordering the matter set for public hearing. If a timely appeal is filed or the appeals board assumes jurisdiction, the city clerk shall set the matter for public hearing before the appeals board not less than thirteen nor more than sixty days thereafter, and shall give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the city council/planning commission.
D. At the hearing before the appeals board, the board shall hear the matter de novo; however, the documents and the minutes of the hearing before the city council/planning commission shall be part of the board's record at its hearing on the matter. The board shall hear relevant testimony from interested persons and, within a reasonable time after the close of the hearing, make its decision sustaining, reversing or modifying the decision of the city council/planning commission. (Ord. 98-04 (part), 1998; Ord. 95-01 § 7, 1995)