A.
Planning Commission Hearings.
1.
Except for matters considered by or appealed from the Zoning Administrator,
when a public hearing is required on a zoning matter, the first such
hearing shall be held by the Planning Commission .
2.
Except as otherwise provided in this Division, when a public hearing
is to be held by the Planning Commission , the Director shall set
the time and place for such hearing. The time of such hearing shall
be at least ten days and not more than forty days after the acceptance
of an application or the receipt of written notice or other instruction
from the Planning Commission or City Council initiating the matter.
B.
Council Hearings.
1.
When a public hearing is required on a zoning matter following any
decision or recommendation by the Planning Commission or Zoning Administrator,
such hearing shall be held by the City Council.
2.
Upon acceptance of an appeal, or receipt of a written report from
the Planning Commission , Director, or Zoning Administrator on a matter
required to be heard by the City Council, the City Clerk shall set
the time and place for such hearing. The time of such hearing shall
be at least ten days and not more than forty days after the end of
the period for filing an appeal or after receipt of the report.
A.
Time. Notice of each public hearing shall be given at least
ten calendar days before the date set for such hearing. (See California
Government Code Sections 65854 and 65856.)
B.
Content. Each notice of public hearing shall include the following
information: (See California Government Code Sections 65854, 65854.5
(b) and 65856.)
1.
Time and place of the hearing;
2.
Who will conduct the hearing;
3.
A general explanation of the matter to be considered, including the
type and magnitude of any proposed changes in development or development
regulations;
4.
Identification of subject property and the area affected;
5.
Where further information can be obtained;
6.
A statement of the right to appear and be heard.
C.
Publication of Notice. When newspaper publication of a notice
of public hearing is required, such notice shall be published at least
once in a newspaper of general circulation which is published and
circulated in the City (or in the area affected if the matter is a
pre-zoning of a proposed annexation to the City. (See California Government
Code Sections 65854 and 65856.)
D.
Posting of Notice. Posting of notices of public hearing in
the vicinity of property affected may be directed by the City Council
or the Planning Commission, but shall not be required when notice
is given by other means pursuant to this Division and State law.
E.
Notice to Owners of Property Within Three Hundred Feet.
1.
When notice of a public hearing is required to be given to owners
of property located within three hundred feet of the subject property,
such notice shall be made by delivery by City employees or by first
class mail to all persons, including businesses, corporations, or
other public and private entities, shown on the last equalized assessment
roll as owning real property which is located within three hundred
feet of the subject property. (See California Government Code Sections
65854.5 (a), 65901 and 65905.)
2.
If the matter to be considered is a legislative matter as identified in Section 19.108.010, and the number of owners to whom notice would be sent pursuant to subsection E.1 of this section is greater than one thousand, notice may be given by either of the following methods in lieu of the method described in subsection E.1 of this section:
a.
By placing a display advertisement of at least one-fourth page in
a newspaper of general circulation in the area affected; or
b.
By placing an insert in any generalized first class mailing sent
by the City to property owners in the area affected. (See California
Government Code Section 65854.5 (b).)
F.
Notice to Owners of Adjacent Property. When notice of a public
hearing is required to be given to owners of adjacent property, such
notice shall be made by delivery by City employees or by first class
mail to all persons, including businesses, corporations, or other
public and private entities, shown on the last equalized assessment
roll as owning real property which is adjacent to the property or
zone boundary directly involved in the matter under consideration.
G.
Notice to Persons Requesting Notice. For all public hearings
on zoning matters, in addition to other notices, notice shall be given
by first class mail to any person who has filed a written request
therefor with the Commission. Such a request shall be effective for
the balance of the calendar year in which the request is submitted.
A reasonable fee for this service may be established by the City Council
for the purpose of recovering the cost thereof. (See California Government
Code Sections 65854 and 65856.)
H.
Responsibility for Giving Notice. The officers responsible
for giving required notices of public hearings shall be as follows:
A.
Rules.
1.
The City Council, Planning Commission, and Zoning Administrator shall
adopt and publish rules for the conduct of their respective hearings
or meetings on zoning matters. (See California Government Code Section
65804 (a).)
2.
When a City staff report exists concerning a zoning matter, such
report shall, if possible, be made available to the public prior to
any subsequent public hearing on the matter and shall be presented
and made a part of the public record at the beginning of any such
hearing. (See California Government Code Section 65804 (c), (d).)
B.
Continuance. Any hearing on a zoning matter may be continued
from time to time and place to place, provided the time and place
to which continued is announced prior to adjournment of the meeting
from which continued. (See California Government Code Sections 65854
and 65856.)
C.
Record of Hearing. When a zoning matter is contested and a
prior written request is made to the body conducting a hearing on
the matter, a record of the hearing shall be made, preserved for a
period of at least one year, and copies made available to any interested
party at cost. A deposit may be required with such request. (See California
Government Code Section 65804 (b).)
