§ 2.63.090. Hearings and determinations.  


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  • All hearings conducted by the Cultural Heritage Commission and determinations by the Director of Development Services shall be conducted in accordance with the provisions of this Chapter and in the following manner:

    A.

    For public hearings to be conducted by the Cultural Heritage Commission, notice shall be consistent with current City noticing requirements set forth in Section 21.21.302.

    B.

    The Director of Development Services shall consider all applications for certificates of appropriateness within his/her jurisdiction as set forth in Section 2.63.080. Determinations shall be made within forty-five (45) days after the applicant has submitted an application and the Director determines it to be complete. The Director has authority to approve, conditionally approve or deny an application. Determinations made pursuant to this Subsection shall not require a formal hearing or notice. In making his/her determination the Director shall make written findings in accordance with the criteria set forth in Subsections 2.63.080.D and E. Determinations made by the Director of Development Services may be appealed by the Applicant to the Cultural Heritage Commission. In the case of such appeal, the procedures set forth in Section 2.63.100 ("Appeals") shall apply. Rather than act on an application for a certificate of appropriateness within his/her jurisdiction, the Director of Development Services may, in his/her sole discretion, refer the application to the Cultural Heritage Commission for its determination. In such case the procedures set forth in Subsection 2.63.090.A shall apply.

    C.

    After considering all of the testimony and evidence submitted, the Cultural Heritage Commission shall render its decision. The decision shall be in writing and shall include findings of fact, a summary of the relevant evidence and a statement of issues. A copy of the decision shall be provided to the applicant and to any other person who has requested it. All hearings shall be conducted and decisions rendered no later than ninety (90) days from the date that an application has been deemed complete by the Director of Development Services.

( ORD-15-0038 § 1, 2015)