Chapter 18.80
NOTICE REQUIREMENTS

Sections:

18.80.010    Notice requirements – General.

18.80.020    Contents of notice.

18.80.030    Summary of notice requirements.

18.80.010 Notice requirements – General.

A. General. Whenever a public hearing is required to be held, notice of the public hearing shall be given in accordance with this chapter. These requirements are based on the statutory requirements found at Government Code sections 65090 and 65091. Unless stated otherwise, notice must be given at least 10 calendar days before the hearing.

In addition to the notices sent to the applicant and other property owners under PHMC § 18.80.030, notice shall also be mailed or delivered to any person who has filed a written request for notice with the city clerk. The city may charge a fee which is reasonably related to the cost of providing this service. Requests for notice must be renewed annually.

Notice shall also be sent to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the city for which the notice was given.

A public hearing conducted under this part may be continued from time to time to a specific date and time, without additional notice.

In addition to the notice requirements set forth here, the zoning administrator may give notice of a hearing in any other manner he or she deems necessary or desirable, or when the decision will constitute a substantial and significant deprivation of the property rights of other landowners. (Ord. 710 § 35-26.1, 1996; 1991 code § 35-26.1)

18.80.020 Contents of notice.

When a notice of a public hearing is required, the notice shall include the following information:

A. A general description (in text or by diagram) of the location of the property that is the subject of the hearing;

B. A general explanation of the matter to be considered;

C. The date, time and place of the public hearing;

D. The identity of the hearing officer or body;

E. A reference to application materials on file for detailed information;

F. A statement that any interested person may appear and be heard; and

G. Other information which is required by statute or specific provisions of this chapter or which the zoning administrator deems necessary or desirable. (Ord. 710 § 35-26.2, 1996; 1991 code § 35-26.2)

18.80.030 Summary of notice requirements.

Notice of a public hearing shall be given for a particular matter in accordance with the following schedule.

Published notice means that the notice shall be published at least once in a newspaper of general circulation, at least 10 calendar days before the hearing.

SCHEDULE 18.80.030

SUMMARY OF NOTICE REQUIREMENTS

 

Published Notice

Notice Mailed to Applicant

Notice Mailed to Owners Within 300 Feet(1)

Notice Mailed to Residents Within 300 Feet(2)

Zoning Permit

–

–

–

–

Minor Exception

–

X(4)

X(4)

X(4)

Creek Setback Exception

–

X

X

X

Use Permit/Variance

O

X

X

X

Temporary Use Permit

–

O

O

–

Home Occupation Permit

O

X

X

X

Large Family Day Care Permit

–

X

X(3)

–

Architectural Review

–

X

–

–

Sign Review

–

X

–

–

Development Agreement

X

X

X

–

Zoning Regulation Amendment

X

X

X

X

Zoning Map Amendment

X

X

X

X

Development Plan Review

O

X

X

X

Minor Subdivision Review

O

X

X

X

Major Subdivision Review

O

X

X

X

–

Not required.

X

Required.

O

Optional; if deemed significant by zoning administrator.

(1)

Pursuant to Government Code section 65091, if the number of owners to whom notice would be mailed is greater than 1,000, the city may instead provide notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation in the city, at least 10 days before the hearing.

(2)

Notice shall be given to each resident within 300 feet of the applicant’s property, and to the applicant’s homeowner’s association, if there is one. However, if an apartment, condominium or other multiple-family housing complex exists within the 300-foot radius, notice may be given only to the resident manager, management firm or owner, in lieu of sending notice to each resident of the complex.

(3)

Pursuant to Health and Safety Code section 1597.46(a)(3), the notice shall be sent only to owners within 100 feet of the exterior boundaries of the proposed use.

(4)

The zoning administrator shall, within 20 calendar days after the application is deemed complete, notify all residents and property owners within 300 feet of the project site, and the planning commission and city council, that a decision will be made by the zoning administrator to approve or disapprove the minor exception application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in accordance with this chapter. When multiple applications are submitted for a single site in conjunction with a request for a minor exception, and when any of these applications require planning commission review, the zoning administrator shall schedule a combined public hearing for all of the applications before the planning commission.

(Ord. 857 § 3, 2011; Ord. 844 § 7, 2010; Ord. 838 § 2, 2009; Ord. 727 § 15, 1998; Ord. 710 § 35-26.4, 1996; 1991 code § 35-26.4)