Chapter 17.78
PUBLIC HEARINGS
Sections:
17.78.030 Scheduling of Hearing
17.78.050 Recommendation by Commission
17.78.010 Purpose
This chapter provides procedures for public hearings required by this Zoning Ordinance. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this chapter.
17.78.020 Notice of Hearing
When this Zoning Ordinance requires a public hearing before a decision on a permit, or for another matter, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code 21000 et seq., and as required by this chapter.
A. Content of notice. Notice of a public hearing shall include all of the following information, as applicable:
1. Hearing information. The date, time, and place of the hearing and the name of the review authority; a brief description of the City’s general procedure concerning the conduct of hearings and decisions (e.g., the public’s right to appear and be heard); and the phone number and street address of the Department, where an interested person could call or visit to obtain additional information.
2. Project information. The date of filing of the application and the name of the applicant; the City’s file number assigned to the application; 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. Statement on environmental document. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the hearing notice shall include a statement that the review authority will also consider approval of the proposed Negative Declaration or certification of the final Environmental Impact Report.
B. Method of notice distribution. Notice of a public hearing required by this chapter for a planning permit, amendment, or appeal shall be given as follows, as required by Government Code Sections 65090 and 65091.
1. Publication. Notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing.
2. Mailing or delivery. Notice shall be mailed or delivered not less than 10 days nor more than 45 days before the scheduled hearing to the following:
a. Site owners. The owners of the property being considered in the application, or the owners’ authorized agent, and the applicant;
b. City libraries. To all City libraries to be posted or kept in a public file;
c. Affected local agencies. Each local agency expected to provide roads, sewage, schools, streets, water, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;
d. Affected property owners. All owners of real property as shown on the latest equalized assessment roll, within a 300-foot radius of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property might, in the judgment of the Director, be affected by the proposed project;
e. Persons requesting notice. Any person who has filed a written request for notice with the Director.
3. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection B.2 of this section is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).
4. On-site posting. In addition to the posting places designated in Municipal Code Chapter 1.08, the Director may require posting the notice of the scheduled hearing on the project site, at least 10 days before the hearing. The posting and maintenance of the notice shall be the sole responsibility of the applicant. The notices shall be posted in a manner prescribed by the Director. Failure to adequately post or maintain the notice shall be cause for the continuance of the scheduled public hearing.
5. Additional notice. The Director may provide any notice in addition to the types of notice required above, with content or using a distribution method as the Director determines is necessary or desirable.
17.78.030 Scheduling of Hearing
After the completion of any environmental document required by CEQA and a Department staff report, a matter requiring a public hearing shall be scheduled on the next available Board of Architectural Review, Zoning Administrator, Commission, or Council agenda (as applicable) reserved for public hearings, but no sooner than any minimum time period established by state law.
17.78.040 Hearing Procedures
A. Time and place of hearing. A hearing shall be held at the date, time, and place for which notice was given.
B. Right to comment. Before the time set for any public hearing, any person having any interest affected by the pending application may file with the Department a written statement either supporting or objecting to the application. Any person may also appear at the hearing to present oral testimony.
C. Continued hearing. Any hearing may be continued from time to time without further notice; provided, the Chairperson of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
D. Deferral of final decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared. (Ord. 1025 § 22, 2015)
17.78.050 Recommendation by Commission
After a public hearing on a proposed amendment to the General Plan, the Zoning Map, this Zoning Ordinance, a development agreement, or a specific plan, the recommendation and findings of the Commission shall be forwarded to the Council. A copy of the recommendation shall be mailed to the applicant.
17.78.060 Decision and Notice
A. Decision.
1. The review authority may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting in compliance with Section 17.78.040 (Hearing Procedures).
2. At the conclusion of a hearing by the Zoning Administrator, the Zoning Administrator may instead refer the matter to the Commission for a determination.
3. The decision of the Council on any matter shall be final.
B. Notice of decision. Within 10 days of a final decision on an application for a permit or other approval required by this Zoning Ordinance, the City shall provide notice of its final action to the applicant and to any person who specifically requested notice of the City’s final action. The notice shall contain applicable findings, conditions of approval, and reporting/monitoring requirements, and the procedure for appeal.