(A) Cart containment and retrieval plans shall be reviewed by the Development Review Committee. The DRC may approve, conditionally approve, or deny a plan.
(B) The DRC shall deny a plan based upon any of the following grounds:
(1) Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, or other municipal codes, or any county, state or federal law which substantially affects public health, welfare or safety;
(2) The plan fails to include all information required by this chapter;
(3) The plan is insufficient or inadequate to prevent removal of carts from the store premises;
(4) Implementation of the plan would violate a term or condition of a city license, permit or other approval;
(5) The applicant has made a false, misleading or fraudulent material statement or omission of fact in the cart containment and retrieval plan.
(C) The DRC may conditionally approve a plan if imposing such conditions will eliminate any ground requiring denial of the plan.
(D) The DRC shall provide notice of public hearing concerning a proposed plan pursuant to § 17.52.320 of this code. The public hearing shall be held, and the DRC shall make findings and render its decision, in writing, within 30 days of receipt of the proposed plan.
(E) Notwithstanding any other provisions of this code, the DRC's denial or conditional approval of a proposed cart containment and retrieval plan shall be the final administrative decision. The superior court is the sole reviewing authority and an appeal of the DRC's decision is not appealable to the Planning Commission or City Council. The written decision shall contain the following statement: "Judicial review of the DRC's decision is subject to the time limits set forth in California Code of Civil Procedure, Section 1094.6."
(F) A copy of the decision shall be served on the applicant by first class mail. Service shall be deemed complete on the date the decision is placed in a U.S. Postal Service mail receptacle.
(Ord. 2010-11 § 2 (part), 2010)