Division V. Administration
Chapter 11.50
ADMINISTRATION
Sections:
11.50.020 Public hearing notification.
11.50.030 Public hearing procedures.
11.50.060 Additional rules regarding housing development projects and emergency shelters.
11.50.010 Purpose.
This chapter establishes provisions and processes for public hearings, permits, appeals, and amendments for all land use activities subject to the regulations of this title.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.50.020 Public hearing notification.
When an application or other zoning code matter requires public hearing by the planning commission or city council, the public shall be notified of the hearing in compliance with state law (Sections 65090, 65091, 65094, and 66451.3 of the California Government Code and Section 21000 et seq. of the California Public Resources Code), and by the required method(s) below.
A. Method of Notice.
1. Published Notice. Notice of public hearing shall be published once in a newspaper of general circulation in the city at least ten days before the hearing date.
2. Mailed Notice. Notice shall be mailed through the U.S. Postal Service at least ten days before the hearing date to the following:
i. Property owner(s) on record for the subject property, or the owner’s agent;
ii. Applicant(s); and
iii. All owners, occupants and residents of properties within a one-thousand-foot radius of the exterior boundaries of the subject property; notices to residents and occupants shall be mailed to the property address, while notices to owners shall be mailed to the notice address indicated on the latest available assessment rolls in the city.
3. Posted Notice. A notice of the public hearing shall be posted on the subject property in a conspicuous location. Notice shall be posted a minimum of ten days before the hearing date.
4. Other Notice Methods. Where noticing requirements, as stated in subsection (A) of this section, require mailing to one thousand or more properties/property owners, the noticing requirements of state law shall prevail over the above-stated requirements. See Section 65091(a)(4) of the California Government Code.
B. Contents of Notices. Public hearing notices for any zoning code action or application shall include the following:
1. Title of the action/application type.
2. Property Description. A property description of the subject property, including name of the applicant, location of the property by assessor’s parcel number, and project application number.
3. Hearing Information. The hearing time, place, and date; hearing body; and phone/address contact information for the department where an interested person could call or visit to obtain additional information.
4. Statement of Environmental Document. Review and documentation pursuant to CEQA.
(Ord. 2356 § 3, 12-11-18; Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.50.030 Public hearing procedures.
A. Scheduling Hearings. Public hearings for permits or applications shall be scheduled a minimum of fourteen days after the verification of completed application filing, and not more than sixty days from completion date.
B. Noticing Requirements. All public hearings shall be noticed consistent with the provisions of Section 11.50.020, Public hearing notification.
C. Hearing Conduct. The hearing will be conducted in accordance with the establish rules governing the conduct of public hearings.
D. Planning Commission Hearings. The planning commission shall hold public hearings for applications consistent with Table 11.51-1, Application and Review Authority. Findings shall be made by resolution and forwarded to the applicant/property owner and/or city council subject to the requirements of subsection (I) of this section.
1. Decision Notification. Upon denial of an action, amendment, or application, or resolution and recommendation to the city council, the applicant shall be notified by mail within fourteen working days of the action. The decision notification shall include a copy of the resolution.
E. City Council Hearings. The city council shall hold one public hearing regarding planning commission actions consistent with Table 11.51-1, Application and Review Authority. If required, the hearing shall be held within sixty days following receipt of the planning commission’s resolution and recommendations. Public noticing of hearing(s) shall be consistent with noticing requirements of Section 11.50.020, Public hearing notification.
1. City council actions shall be automatically referred back to the planning commission for an additional review when either of the following occurs:
i. City council action is final unless the city council refers the matter back to planning commission for reconsideration; or
ii. In the event the city council is unable to agree on its findings or action(s), the matter shall automatically be referred back to the planning commission, and a further report requested of the planning commission.
2. Failure of the planning commission to take action on a discretionary approval or permit for a period of forty days after considering the matter shall result in that approval or permit being granted.
F. Continuation of Hearings. If testimony on any case set for public hearing cannot be completed on the noticed hearing date, the person presiding at the public hearing may, before adjournment or recess thereof, publicly announce the time and place the hearing will be continued. No further notice is required.
G. Official Record. City council and planning commission actions shall be numbered consecutively in the order of their filing and shall become a permanent property record file. A summary of pertinent testimony offered at public hearings held in connection with any zoning code application shall be prepared and filed, and the names of persons testifying shall be recorded and made a part of the permanent file of the case.
H. Resolution Findings. The hearing body shall announce the decision or findings by formal resolution within forty-five days following the hearing(s). The resolution shall include the facts and reasons for the hearing body’s decision, and state the pertinent sections of this code supporting the decision. Planning commission resolutions shall be forwarded to the city council with planning commission recommendations for approval or denial of the action, amendment, or application.
I. Finality of Decision. The planning commission’s decision made by resolution regarding an action, amendment, or application shall be final and conclusive unless a written appeal (a written letter or a city form) to the city council is filed with the city clerk within ten working days of the decision notification to the applicant. City council decisions shall be by majority vote of the of the city council unless otherwise provided for in state law, and shall be final and conclusive.
J. Decision Notification. Upon city council final adoption, approval, or denial of an action, amendment, or application, the applicant shall be notified by mail within fourteen working days of the action. The decision notification shall include a copy of the resolution.
K. Effective Date. The final action of the planning commission in granting or denying a permit shall become final and effective ten working days after the date of applicant notification, unless a written appeal is filed with the city clerk within the ten-day period. Appeals may be a written letter or a city form. Filing a timely appeal stays the decision of the planning commission until the city council renders a decision on appeal, or when the appeal is abandoned, whichever first occurs. Abandonment of an appeal shall be evidenced by an appellant’s notification to the director that the appeal is withdrawn, or by the failure of the appellant, or a representative thereof, to appear at a duly notice appeal hearing.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.50.040 Appeals.
Written appeals of director or planning commission decisions may be filed with the city clerk within ten working days of decision notification to the applicant. Appeals may be a written letter or a city form and may be filed by the applicant or an opponent.
A. Case Record. Upon receipt of a written appeal, the appeal shall be filed with the community development department and added to the case record.
B. Public Hearing of Appeal. The hearing body shall conduct a public hearing regarding any action, amendment, or application appeal. Hearing and noticing shall be consistent with Section 11.50.020, Public hearing notification, and Section 11.50.030, Public hearing procedures.
C. Refiling Limitations. Substantially identical projects, actions, applications, or amendments denied by the city, regardless of who the applicants are on either application, shall not be refiled within one year from the date of denial unless otherwise stipulated by this title.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.50.050 Amendments.
Whenever public necessity, convenience, or general welfare require, the provisions of this title, the zone boundaries established by the zoning map, and the text and diagrams of the general plan may be amended by the city per the provisions of this section.
A. General Plan Consistency. Amendments to zone designations and zone boundaries shall only be made if they are consistent with the general plan. If the proposed amendment is not consistent with the general plan, a proposal for a general plan amendment shall be required prior to or concurrent with the proposed zone amendment.
B. Amendment Initiation. An amendment to this title, the zoning map, or the general plan shall be initiated by the entities indicated in Table 11.50-1, Initiation of Amendments.
|
Amendment Type |
Amendment May Be Initiated By |
|||
|---|---|---|---|---|
|
City Council Action |
Planning Commission Action |
City Manager |
Applicant |
|
|
Zoning Code: Text or Provision |
✔ |
✔ |
✔ |
|
|
Zoning Map |
✔ |
✔ |
|
✔ |
|
General Plan: Text |
✔ |
✔ |
|
|
|
General Plan: Diagram |
✔ |
✔ |
|
✔ |
C. City-Initiated Amendments.
1. The city council can initiate an amendment by adopting a motion for hearing and recommendation of the amendment by the planning commission.
2. The planning commission can initiate an amendment by filing a report of the proposed amendment and draft amendment ordinance at least fourteen days prior to a scheduled public hearing for the amendment. The proposed amendment shall be heard by the planning commission at the scheduled hearing. If approved, the amendment shall be adopted by ordinance and forwarded to the city council for final review, adoption, or denial.
D. Applicant-Initiated Amendments. A property owner or designated agent seeking an amendment of the general plan or zoning designation or boundaries prescribed for their property may file an amendment application with the planning division for planning commission consideration. Application or permit procedures associated with the amendment shall be consistent with the provisions of this chapter and Chapter 11.51, Permits and Procedures.
E. Amendment Hearings. The hearing body shall hold one public hearing following a city-initiated amendment motion or applicant-initiated amendment application subject to state planning law requirements. Public hearing noticing and procedures for amendments shall be consistent with the provisions of Section 11.50.020, Public hearing notification. Resolution findings and decision notification shall be consistent with Section 11.50.030, Public hearing procedures.
(Ord. 2323 § 1 Exh. A (part), 4-28-15)
11.50.060 Additional rules regarding housing development projects and emergency shelters.
A. The city shall not disapprove a housing development project for very low income, low income, or moderate income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for such households or as an emergency shelter, unless based on a preponderance of the evidence the city makes written findings as to one of the situations set forth in Government Code Sections 65589.5(d)(1) through (5).
B. If a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, then after the application is deemed complete the city shall not conduct more than five public hearings in connection with the approval of the housing development project.
C. If any state or local ordinance or regulation requires the city to determine whether the site of a proposed housing development project is a historic site, the city shall make that determination at the time the application for the housing development project is deemed complete.
D. The city shall compile the list or lists required by Government Code Section 65940 specifying in detail the information that will be required from any applicant for a development project, and make that list available to all applicants for development projects and to any person who requests the information.
E. The applicant for a housing development project shall be deemed to have submitted a preliminary application upon providing all of the information listed in Government Code Section 65941.1 and upon payment of the permit processing fee.
F. Not later than thirty calendar days after the city has received an application for a housing development project, the city shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the determination is that the application is not complete, the city shall follow the procedures required by Government Code Section 65943.
G. Where the city is the lead agency under CEQA for a housing development project, the city shall approve or disapprove the housing development project within the time periods prescribed by Government Code Section 65950.
H. The city shall not approve a housing project that will require the demolition of one or more residential dwelling units, or that will require the demolition of occupied or vacant protected units, unless the requirements of Government Code Section 66300(d) have been met.
Statutory Reference: Government Code §§ 65589.5, 65905.5, 65913.10, 65940, 65941.1, 65943, 65950 and 66300; SB 8 (September 16, 2021).
(Ord. 2022-02-CC (Exh. A § 8), 3-8-22)