Section 13090 - Voting-After Recommendation(a) A vote on an application may be taken only at a properly noticed public hearing after the commission has received the staff recommendation identified in section 13057 and obtained public testimony, if any, in accordance with section 13066.(b) Where the executive director has distributed a staff report containing all of the elements described in section 13057(a), (b) and (c), the commission may vote upon the application after conclusion of the public testimony portion of the public hearing.(c) Where, in accordance with the provisions of section 13057(d), the executive director has prepared a partial staff report that does not contain the parts of the staff recommendation identified in sections 13057(c)(4) and (5), the commission shall proceed in accordance with one of the following alternative procedures: (1) If the commission is prepared to vote immediately upon conclusion of the public testimony portion of the public hearing, the executive director shall provide an oral recommendation and summary of proposed findings.(2) Upon conclusion of the public testimony portion of the public hearing, the commission may put the vote on the application over to a subsequent meeting. Prior to the subsequent meeting the executive director shall prepare a staff report that shall: (A) contain a staff recommendation as described in section 13057(c) and(B) respond to: 1. testimony and other evidence presented at the public hearing, and2. comments on the application by members of the commission. The executive director may also supplement the analysis of the application contained in the preliminary staff report.(3) At the subsequent meeting, the executive director shall summarize orally the staff recommendation, including the proposed findings and any proposed conditions, in the same manner as provided for staff reports in section 13066. Immediately following the presentation of the staff recommendation, the commission shall obtain public testimony in the manner provided for in section 13066.(d) Where the commission moves to vote on an application with terms different from those proposed by the applicant in the application or conditions different than those proposed by the staff in the staff recommendation, the applicant, appellant, and the executive director shall have an opportunity to state briefly and specifically their views on the conditions.Cal. Code Regs. Tit. 14, § 13090
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Repealer and new section filed 9-20-99; operative 10-20-99 (Register 99, No. 39). Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30315, 30333, 30333.1 and 30622, Public Resources Code.
1. Amendment filed 8-14-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Repealer and new section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).