(A) Hearing body review.
(1) At the public hearing, the authorized hearing body shall review the application and any pertinent materials submitted with the application, and any report prepared by the Planning Director, the City Engineer, or other city staff based on city staff's investigation of the application.
(2) The hearing body shall cause such investigation of facts on an application set for hearing, including an analysis of precedent cases, to provide all necessary information to assure action on each case consistent with the purpose of this Title 16 and with previous similar applications. Investigations may be made by members of the City Council, the Planning Commission, or city staff.
(B) Right of persons to comment.
(1) During any public hearing, the applicant for the subject application shall have the following rights:
(a) The right to be represented;
(b) The right to provide testimony; and
(c) The right to present evidence.
(2) All other persons shall have the right to comment on any relevant aspect of the application under consideration.
(C) Action of hearing body and continuance of hearings. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue, or take under advisement the subject of the public hearing.
If the action is taken to continue or take the matter under advisement, before adjournment or recess the person presiding at such public hearing shall publicly announce the time and place to which the hearing will be continued. No further notice shall be required.
(D) Effect of action. The decision of the hearing body shall be considered final unless a decision is appealed pursuant to Division 1, Chapter 16.206 (Appeals and Revocations) of this Title 16. In all cases, the City Council shall represent the final authority.
(Ord. 1104, passed 7-19-04)