Skip to code content (skip section selection)
(a) Protest Allowed. As part of the Pre-Application Approval Process, the Department shall allow any Person affected by a proposed Surface-Mounted Facility to protest an Applicant's Preferred Locations for a Surface-Mounted Facility.
(b) Protest Procedure. A protest must be in writing and must be submitted to the Department within 10 days of the date the Notice of Intent was mailed and posted as required under Section 2713.
(c) Hearing Required. If a protest is timely submitted, the Department shall hold a hearing. The Department shall set a date for the hearing no more than 20 days after the Department's receipt of the protest.
(d) Notice of Hearing Date. The Department shall send written notice to any Person submitting a protest, to the Applicant, and to any City department that reviewed the Preferred Location List of the date the Department has set for the hearing at least 7 days before the date set for the hearing. The Department shall follow its regular procedures for notifying the general public of the date set for the hearing.
(e) Hearing Officer. The Department shall appoint a hearing officer to conduct a public hearing on a protest.
(f) Hearing Record. The hearing record shall include:
(1) Records of any community meetings held to discuss the Preferred Location List;
(2) The Preferred Location List;
(3) Any written determination from the Department, the Planning Department, or the Recreation and Park Department (as applicable), including any Conditions and/or additional proposed locations identified by such City department;
(4) Any further written evidence from any City department submitted either prior to or during the hearing;
(5) Any written submissions from the Applicant, any Person submitting a protest, or any other interested Person submitted either prior to or during the hearing; and
(6) Any oral testimony from any City department, the Applicant, any Person submitting a protest, or any interested Person taken during the hearing.
(g) Hearing Officer's Report.
(1) The hearing officer shall issue a written report and recommendation within 5 days of the close of evidence.
(2) The hearing officer shall include in the report a summary of the evidence and a recommendation to the Director.
(3) The hearing officer may recommend that the Director approve one of the Applicant's Preferred Locations, and will base such a recommendation upon the following matters only:
(A) Which of the Preferred Locations best complies with this Article 27.
(B) Whether the Department's approval of the Preferred Location should include any of the Conditions recommended by a City department.
(C) Whether any of the additional proposed locations recommended by a City department would better comply with this Article 27 than any of the Applicant's Preferred Locations.
(4) The hearing officer may recommend that the Director deny all of the Applicant's Preferred Locations for the proposed Surface-Mounted Facility should the hearing officer determine that:
(A) None of the Applicant's Preferred Locations complies with this Article 27;
(B) The Applicant will not accept the Conditions recommended by a City department that the hearing officer determines are necessary to comply with this Article 27; or
(C) The Applicant will not agree to install the Surface-Mounted Facility in one of the additional proposed locations recommended by a City department.
(h) Director's Decision. The Director shall issue a written decision adopting, modifying, or rejecting the hearing officer's written report and recommendation within 5 days of the Director's receipt of the hearing officer's report.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)