Chapter 9.88
PUBLIC HEARINGS
Sections:
9.88.050 Commission’s decision.
9.88.060 Recommendation by Commission.
9.88.010 Purpose of chapter.
The purpose of this chapter is to specify procedures for hearings before the Director, Commission, and Council. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.88.020 Notice of hearing.
When an amendment, appeal, permit, approval, or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with State law (Government Code Sections 65090, 65091 and 65094 and Public Resources Code Section 21000 et seq.).
A. Notice of a public hearing shall include:
1. The date, time, and place of the hearing, the name of the hearing body, and the phone number and street address of the Department where an interested person may call or visit to receive additional information;
2. A general explanation of the matter to be considered and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing;
3. A statement that persons wishing to be heard on the matter may attend and be heard;
4. If a proposed negative declaration or environmental impact report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the notice shall include a statement that the hearing body shall also consider approval of the proposed negative declaration or certification of the final environmental impact report; and
5. In general, the hearing date shall be set by the Director for not less than ten (10) days or more than forty (40) days after the application has been deemed complete in compliance with Section 9.50.070 (Initial application review). These time frames may be extended to comply with State and/or Federal requirements, including environmental studies.
B. Giving of notice. Notice of a public hearing required by this chapter for an amendment, appeal, approval, or permit shall be given as follows, as required by State law:
1. Mailed notice.
a. Notice shall be mailed, or delivered, at least ten (10) days before the hearing and in compliance with the requirements of the California Environmental Quality Act (CEQA). If mailed, the notice shall be transmitted through the United States mails with postage prepaid, to all of the following:
(1) The owner(s) of the property being considered or the owner’s agent, and the applicant(s);
(2) Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;
(3) All owners of real property as shown on the County’s latest equalized assessment roll located within a three-hundred-foot (300') or greater radius of the exterior boundaries of the subject parcel. The actual radius used for this purpose shall be in compliance with established Council policy and the minimum radius shall be expanded to include a minimum of twenty-five (25) property owners; and
(4) Any person who has filed a written request for notice with the Director and has paid the fee established by the City’s Fee Resolution for the notice.
b. The minimum radius used for this purpose shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels.
2. Published notice. Notice shall be published at least once in a local newspaper of general circulation within the City in compliance with subsection (B)(1)(a) of this section.
C. Alternative notice. If the number of property owners to whom notice would be mailed is more than one thousand (1,000), the Director may choose to provide the alternative notice allowed by State law (Government Code Section 65091(a)(4)).
D. Additional notice. In addition to the types of notice required by subsections B and C of this section, the Director may provide additional notice with content or using a distribution method as the Director determines to be necessary or desirable (e.g., use of a greater radius for notice, on the City’s website, etc.). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.88.030 Hearing procedure.
A. Date, time, and place. Hearings shall be held at the date, time, and place for which notice has been given in compliance with this chapter.
B. Summary minutes. The summary minutes shall be prepared and made part of the permanent case file.
C. Any hearing may be continued.
1. If a hearing is not completed on the scheduled day, the review authority, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing at the hearing the date, time, and place to which the hearing will be continued.
2. Additional notice for the continued hearing to a specific date shall not be required. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.88.040 Director’s decision.
A. Announce decision.
1. The Director shall announce and record the decision within ten (10) days after the conclusion of the scheduled public hearing.
2. The decision shall contain the action of the Director, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the City.
B. Decision shall be final. The decision of the Director shall be final unless referred or appealed to the Commission, in compliance with Chapter 90 of this title (Appeals). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.88.050 Commission’s decision.
A. Announce decision.
1. The Commission shall announce and record the decision after the conclusion of the scheduled public hearing.
2. The decision shall contain the action of the Commission, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the City.
B. Decision shall be final. The decision of the Commission shall be final unless appealed to the Council, in compliance with Chapter 90 of this title (Appeals). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.88.060 Recommendation by Commission.
At the conclusion of a public hearing on a proposed adoption or amendment of a development agreement, this Development Code, the General Plan, a specific plan, or the Zone Map, the Commission shall forward a written recommendation, including all required findings, to the Council for final action. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.88.070 Council’s decision.
A. Announce decision.
1. The Council shall announce and record its decision after the conclusion of the scheduled public hearing.
2. The decision shall contain the action of the Council, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the City.
B. Decision shall be final. The decision of the Council shall be final, unless subjected to further legal action in compliance with State and Federal law. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.88.080 Mailing of notice.
Following each hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application. (§ 2, Ord. 14-13, eff. October 8, 2014)