This chapter provides procedures for public hearings required by this Zoning Code. 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.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
A. 
Generally. When this Zoning Code requires a public hearing before a decision on a permit or other discretionary entitlement, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094, 65096, and 66451.3; Public Resources Code 21000 et seq.; and as required by this chapter.
B. 
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, street address, and email or website address of the City Development Services Department where an interested person could call or visit to obtain additional information.
2. 
Project Information. 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 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, Mitigated Negative Declaration, final Environmental Impact Report, or statement of exemption from the requirements of California Environmental Quality Act (CEQA) has been prepared for the project in compliance CEQA, the hearing notice shall include a statement that the Review Authority will also consider approval (or recommendation of adoption/approval for an application requiring Council action) of the proposed Negative Declaration, Mitigated Negative Declaration, certification of the final Environmental Impact Report, or statement of exemption.
4. 
Statement Regarding Challenges of City Actions. A notice substantially stating all of the following: "If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or before, the public hearing" in compliance with Government Code Section 65009(b)(2).
5. 
Statement Regarding Commission's Recommendations. For Council items that involve a recommendation from the Planning Commission, the notice shall contain the Planning Commission's recommendations.
C. 
Method of Notice Distribution. Notice of a public hearing required by this chapter, and any other type of notice specified in Division 6 (Permit Processing Procedures), shall be given as follows, as required by Government Code Sections 65090 and 65091.
1. 
Mailing. Notice shall be mailed or delivered not less than 10 calendar days before the scheduled hearing to the following:
a. 
Project Site Owners, Agent(s), and Applicant. The owners of the property being considered in the application, the owners' agent(s), and the applicant.
b. 
Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected;
c. 
Affected Owners. All owners of real property as shown on the latest assessment rolls of the City or of the County, located within a radius of 500 feet 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; the 500-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels, without reference to structures existing on any of the parcels;
d. 
Commercial and Industrial Tenants. All occupants of commercial and industrial space within 500 feet of the real property that is the subject of the notice; the 500-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels, without reference to structures existing on any of the parcels; and
e. 
Persons Requesting Notice. Any person who has filed a written request for notice with the Director or City Clerk.
2. 
Alternative to Mailing. If the number of property owners and occupants of commercial and industrial space to whom notice would be mailed in compliance with subsection (C)(1), above is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).
3. 
Additional Notice. In addition to the types of notice required above, the Director may require any additional notice with content or using a distribution method (e.g., posting on the City's website) as the Director determines is necessary or desirable, including posting a notice on the property.
4. 
Newspaper Notice. Notices of public hearings shall also be given by publication in a newspaper of general circulation in the City at least 10 calendar days prior to the hearing.
D. 
Affidavit of Method of Notice. Upon completion of publication or other notice required by this section, the secretary of the Planning Commission, if the hearing is held by the Commission, or the City Clerk, if the hearing is held by the Council, shall provide proof of the mailing or publication that shall be filed in the permanent records of the particular proceedings to which the notices pertain.
E. 
Failure to Receive Notice. Failure to receive the mailed notice or failure to post notice shall not invalidate any proceedings.
(Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)
After the completion of any environmental document required by CEQA, a matter requiring a public hearing shall be scheduled on the next available agenda (Planning Commission or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.
(Ord. 19-03 § 3, 2019)
A. 
Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.
B. 
Continued Hearing. Any hearing may be continued from time to time without further notice, provided that the chair 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.
C. 
Deferral of Final Decision.
1. 
The review authority may announce a tentative decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
2. 
The date of the final action shall be as described in the motion, ordinance, or resolution that incorporates the findings and/or conditions.
D. 
Summary Information. A summary of all pertinent testimony offered at a public hearing, together with the information of all persons testifying, shall be recorded and made a part of the permanent files of the case.
E. 
Formal Rules of Evidence or Procedure Not Applicable. Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to these Zoning Regulations, except as otherwise required by the City Charter or the Municipal Code, in compliance with Government Code Section 65010.
(Ord. 19-03 § 3, 2019)