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(a) The authorized City decision-making body or official may prescribe rules governing the procedure for its hearings.
(b) If for any reason testimony on any matter set for hearing pursuant to this article cannot be completed on the appointed day, the person presiding at the hearing may authorize a continuance of the hearing and shall publicly announce the time and place at which said hearing shall be continued. No further notice thereof shall be required; provided, however, that the person presiding at the hearing may direct that additional notice of the continued hearing be given as deemed appropriate.
(c) A quorum for a Commission hearing shall consist of three (3) members. An act or decision of the Commission shall require the concurrence of at least a majority of those voting, except for an automatic referral of an entitlement application to the City Council as the result of an unbreakable tie vote as described in subsection (e) of this section.
(d) The person presiding at the hearing, or the Secretary of the Planning Commission, as applicable, shall enter the decision on the application in the minutes or records of the meeting, and shall communicate the decision to the applicant, the appropriate public officials, and other interested parties.
(e) Where, due to the absence of a Commissioner(s), a tie vote is cast by the Commission on a motion to approve, conditionally approve, or deny an appeal, a permit or entitlement, or on the recommendation to the City Council for the approval or denial on a permit or entitlement, (in the case of applications being processed concurrently with legislative actions), and the Commission is unable to break the tie vote situation through further deliberation and votes during that meeting and immediately following the tie vote, then the Commission shall reopen the hearing and continue the matter on an open hearing basis until the next Commission meeting at which the tie might be broken through the participation of the Commissioner(s) absent at the original hearing.
If the Commission determines that the tie cannot be broken within the next twenty-one (21) days due to the announced conflict and abstention of a Commissioner in the matter, a vacancy, or a long term absence, then no entitlement shall be granted and the matter shall be automatically referred to the City Council for a decision with no recommendation implied or made by the Commission.
(§ 8163.7, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § 31, Ord. 1178-NS, eff. April 27, 1993, and § 13, Ord. 1210-NS, eff. May 24, 1994, and § 5, Ord. 1331-NS, eff. March 10, 1999)