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Chapter 8.132
NOTICE AND HEARINGS

8.132.010 Purpose.

To establish a procedure for public hearings before the Director of Community Development, Zoning Administrator, Planning Commission and City Council in compliance with State law (Government Code Sections 65090 and 65091).

Intent. The intent of this Chapter is to ensure that public hearings are properly held and noticed.

8.132.020 Public Hearing.

A public hearing shall be held for the consideration of all Conditional Use Permits, Development Agreements, Planned Development Rezones, Zoning Ordinance Amendments, and for Variances considered by the Planning Commission or City Council.

8.132.030 Notice of Public Hearing.

When a public hearing is required by this Title, notice shall be given as follows:

A.    Timing. Notice shall be given not less than 10 days before the date of a scheduled public hearing.

B.    Content of notice. The Notice shall include, but not be limited to:

1.    Date, time, and place of the public hearing.

2.    The name of the hearing body or officer.

3.    A general explanation of the matter to be considered.

4.    A general description, in text or by diagram, of the location of the real property that is the subject of the hearing.

C.    CEQA notice may be combined with Notice of Public Hearing. CEQA notice of public review and comment period for a draft environmental document may be combined with the Notice of Public Hearing under this Chapter.

D.    Method of Notice.

1.    Publication in a newspaper of general circulation within the City.

2.    Mailed notice. Notice shall be mailed or delivered to:

a.    Owners/applicant. The owner(s) of the real property being considered or the owners authorized agent, and the applicant.

b.    Local agencies. Each local agency expected to provide water, sewage disposal, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

c.    Written request. Any person who has filed a written request for notice with the City Clerk or Director and has paid the fee required for such notice.

d.    Owners of real property within 300 feet. All owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing; or, when the number of property owners to whom notice would be mailed is more than 1,000 the Director of Community Development may choose to provide the alternate notice allowed by California Government Code Section 65091(a)(3).

e.    Occupants of property contiguous to the project.

f.    Additional notice. The Director may provide any additional notice that he/she determines necessary or desirable.

8.132.040 Consideration of Minor Use Permit, Site Development Review and Variance.

The Director or his/her designee may approve, conditionally approve or deny a Minor Use Permit or Site Development Review without a public hearing. The Zoning Administrator may approve, conditionally approve or deny a Variance without a public hearing. Rev. Ord. 15-09 (November 2009)

8.132.050 Notice of Decision.

Where the Director considers a Minor Use Permit or Site Development Review or the Zoning Administrator considers a Variance pursuant to this Title, a Notice of Decision shall be given as follows:

A.    Timing. Notice shall be given not less than 10 days before the date of a scheduled decision by the Director or the Zoning Administrator.

B.    Content of notice. The Notice shall include, but not be limited to:

1.    The date and time on or after which a decision will be made.

2.    The place of the decision.

3.    The name of either the Director or Zoning Administrator making the decision.

4.    A general explanation of the matter to be considered.

5.    A general description, in text or by diagram, of the location of the real property that is the subject of the decision.

C.    CEQA notice may be combined with Notice of Decision. CEQA notice of public review and comment period for a draft environmental document may be combined with the Notice of Decision under this Chapter.

D.    Method of Notice.

1.    Mailed notice. Notice shall be mailed or delivered to:

a.    Owners/applicant. The owner(s) of the real property being considered or the owners authorized agent, and the applicant.

b.    Local agencies. Each local agency expected to provide water, sewage disposal, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

c.    Written request. Any person who has filed a written request for notice with the City Clerk or Director and has paid the fee required for such notice.

d.    Owners of real property within 300 feet. All owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing; or, when the number of property owners to whom notice would be mailed is more than 1,000 the Director of Community Development may choose to provide the alternate notice allowed by California Government Code Section 65091(a)(3).

e.    Occupants of property contiguous to the project.

f.    Additional notice. The Director may provide any additional notice that he/she determines necessary or desirable. Rev. Ord. 15-09 (November 2009)

8.132.060 Director of Community Development Investigation.

For all projects for which a Notice of Public Hearing has been given, the Director shall investigate the facts bearing on the case and prepare a staff report which provides the information necessary for action consistent with the intent of Title 8, the General Plan, and any applicable Specific Plans. The Director shall present the staff report to the appropriate body.

8.132.070 Public Hearing Procedure.

When a public hearing is required by this Title, the hearing shall be conducted as follows:

A.    Public Hearing. The public hearing shall be conducted according to such rules as may be adopted by the hearing body and shall be held at the date, time, and place stated in the required notice. Minutes of the public hearing shall be prepared and an audio tape filed in the Department or the City Clerk as appropriate. At the public hearing, interested persons shall be given the opportunity to present information and testimony about the proposed project.

B.    Continuing a Public Hearing. At the discretion of the hearing body, a public hearing may be continued from its scheduled date to a future date provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.

8.132.080 Action of the Community Development Director, Zoning Administrator, and City Council.

The Community Development Director, Zoning Administrator, and City Council shall take action and shall record any decisions. The decision shall set forth any findings of the decision-maker together with any required conditions of approval. Following the public hearing the decision-maker shall provide written notice of the action taken to the owner and/or applicant at the address shown upon the application.

8.132.090 Action of the Planning Commission.

A.    Final Action. The Planning Commission shall take action for all permits for which it is the decision-maker and shall record its decision. The decision shall set forth any findings of the Planning Commission together with any required conditions of approval. Following the hearing the Planning Commission shall provide written notice of the action taken to the owner and/or applicant at the address shown upon the application.

B.    Recommendation. For applications in which the Planning Commission makes a recommendation, the Planning Commission shall transmit its recommendations in writing to the City Council for final action.