This Chapter establishes procedures for public hearings before
the Zoning Administrator, DRB, CHB, Commission, and Council. When
a public hearing is required by this Zoning Code, public notice shall
be given and the hearing shall be conducted in compliance with this
Chapter.
(Ord. 3677 § 1, 2004)
When a land use permit, Variance, or other matter is required
by State law or this Zoning Code to have a public hearing, the public
shall be provided notice of the hearing in compliance with the provisions
of this Chapter.
A.
Authority
to give notice.
1.
The
Director is authorized to give notice of public hearings to be held
by the Zoning Administrator, DRB, CHB, or Commission, under the provisions
of this Zoning Code.
2.
The
City Clerk is authorized to give notice of public hearings to be held
by the Council, under the provisions of this Zoning Code.
3.
A
defect (failure) in the notice procedure shall not affect the jurisdiction
or authority of a review authority to take action on a matter, unless
otherwise provided by law applicable to and binding upon a charter
city.
B.
Contents
of notice. The contents of a notice of a public hearing shall be as
follows, except where another provision of this Zoning Code requires
that a notice provide different information.
1.
Hearing
information. The notice shall provide the following information about
a scheduled public hearing, except in the case of a Minor Conditional
Use Permit (see Section 20-52.050.E.2), Minor Variance or Minor Adjustment
(see Section 20-52.060.F).
a.
The date, time, and place (e.g., address, room, etc.) of the hearing
and the name of the review authority holding the hearing;
b.
A brief description of the City's general procedure concerning the
conduct of hearings and decisions;
c.
A statement that:
(1)
Any interested person is invited to appear and be heard on the request
or proposal,
(2)
Anyone so requesting in writing filed with the Department shall be
notified of the action taken on the application in question, and
(3)
In the case of a Minor Conditional Use Permit, the Zoning Administrator
will decide whether to approve or disapprove the 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;
d.
The phone number and street address of the Department, where an interested
person could call or visit to obtain additional information; and
e.
Any additional information as may be required by State or Federal
law applicable to and binding upon the City, including information
required under the City's implementation of the Americans with Disabilities
Act (ADA).
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 and by diagram, of the location
of the property that is the subject of the hearing; and
3.
Statement
on environmental document. If a draft Negative Declaration, Mitigated
Negative Declaration, or Environmental Impact Report has been prepared
for the project, in compliance with the provisions of the California
Environmental Quality Act (CEQA) and the City's environmental review
procedures identified in Title 17 of the City Code, the hearing notice
shall include a statement that the hearing body would also consider
approval of the draft Negative Declaration, Mitigated Negative Declaration,
or Environmental Impact Report.
C.
Method
of notice distribution. Notice of a public hearing required by this
Chapter for a land use permit, Variance, or other matter shall be
given as follows:
1.
Mailed
notice.
a.
Who shall receive notice. Notice shall be mailed or delivered, at
least 10 days before the date of the scheduled public hearing, via
first class mail with postage prepaid, to the following:
(1)
The applicant, if any, or the applicant's agent as designated and
authorized in writing by the applicant as part of the project application;
(2)
The owner of the subject property, if different from the applicant
or if there is no applicant; or the owner's agent as designated and
authorized in writing by the owner as part of the project application;
(3)
Each local agency expected to provide schools, water, or other essential
facilities or services to the project, whose ability to provide the
facilities and services may be significantly affected;
(4)
All owners and occupants of real property that is located in whole
or in part within a radius of 600 feet from the exterior boundaries
of the Assessor's parcels that are the subject of the hearing, as
shown on the last equalized assessment roll and its master index update.
The 600-foot radius shall be measured from the exterior boundaries
of the subject parcels to the exterior boundaries of the neighboring
parcels, without reference to structures existing on either parcels;
(5)
Any person who has filed a written request for notice with the Director
and has paid the fee established by the Council's Fee Schedule for
the notice; and
(6)
Any additional persons as may be deemed appropriate by the Director,
Commission, or Council.
2.
Newspaper
publication.
a.
Notice shall also be given at least once by publication in a newspaper
of general circulation within the City, at least 10 days before the
scheduled public hearing.
b.
In prezoning matters, the notice shall be published in a newspaper
of general circulation, circulated in the area proposed to be prezoned.
3.
Site
posting. Notice shall also be given by:
a.
The City posting notices in at least two public places within the
City boundary as specified by the Director; and
b.
The applicant installing a sign on the subject property in a place
conspicuous to the public, at least 10 days before the scheduled public
hearing, as follows.
(1)
The size of the sign shall comply with Table 6-2.
|
TABLE 6-2—PUBLIC HEARING NOTICE SIGN AREA REQUIREMENTS
| |
|---|---|
|
Parcel Size
|
Minimum Sign Area
|
|
Under 6,000 sq. ft. or store front
|
6 sq. ft.
|
|
6,000—20,000 sq. ft.
|
12 sq. ft.
|
|
20,001 sq. ft.—1 acre
|
24 sq. ft.
|
|
Over 1 acre
|
32 sq. ft.
|
(2)
Sign height shall not exceed six feet.
(3)
The sign shall be placed not less than five feet inside the property
line in residential zoning districts, and not less than one foot inside
the property line for commercial and industrial zoning districts.
(4)
The sign shall be located in a position most visible to the public,
but not within a required vision triangle.
(6)
On or before the required date of posting, the applicant shall submit
to the Department a signed affidavit verifying installation of the
sign.
(7)
The area of the sign copy shall comply with standards adopted by
the DRB.
5.
Electronic
notice. Notice shall be emailed to the Community Advisory Board (CAB)
and posted to an electronic distribution list for City public notices.
D.
Alternative
to mailing. If the number of property owners to whom notice would
be mailed in compliance with subsection C.1 above is more than 1,000,
the City may, as an alternative to the mailing requirements of this
Chapter, provide notice by placing a display advertisement of at least
one-eighth page in at least one newspaper of general circulation within
the local agency in which the proceeding is conducted at least 10
days before the scheduled hearing. However, any site-specific development
must include on-site posting consistent with subsection C.3.b above.
E.
Combined
notices. A notice of public hearing required by this Chapter may be
combined with a notice of public hearing required by other provisions
of the City Code, or State or Federal law, applicable to or binding
upon the City, provided the requirements of this Chapter relating
to content, timing, or methods of giving notice, are complied with
in the combined notice.
G.
Public notice of Zoning Administrator action. The Zoning Administrator is authorized by this Code to consider certain applications in the first instance, including applications for a Minor Conditional Use Permit, Minor Variance, and certain Hillside Development Permits and Design Review. Prior to taking action on any such application, the Zoning Administrator shall notify by mail nearby property owners and others as set forth in Section 20-66.020 C.1. The notice shall state that the Zoning Administrator will decide whether to approve or disapprove the 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 dated of the decision. If a public hearing is thereafter requested in writing in a timely manner, notice of the public hearing shall be provided in accordance with this Chapter.
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005; Ord. 2019-003 §§ 5—9)
After the completion of any environmental documents required
by the California Environmental Quality Act (CEQA) and the City's
environmental review procedures identified in Title 17 of the City
Code, the matter shall be scheduled for public hearing on a Zoning
Administrator, DRB, CHB, Commission, or Council agenda (as applicable).
(Ord. 3677 § 1, 2004)
A.
Conduct
of hearing. Hearings shall be held at the date, time, and place described
in the public notice required by this Chapter.
B.
Continuance.
If it is necessary to continue the hearing or decision or any matter
before the review authority, the person presiding at the hearing may,
before the adjournment or recess of the hearing, publicly announce
the date, time, and place to which the hearing will be continued.
(Ord. 3677 § 1, 2004)
At the conclusion of any public hearing on an amendment (General
Plan, Zoning Code, or Zoning Map), a development agreement, or a specific
plan, the Commission shall forward a written recommendation, including
all required findings, to the Council for final action.
(Ord. 3677 § 1, 2004)
A.
Decision.
1.
The review authority (Zoning Administrator, DRB, CHB, Commission, or Council, as applicable) 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 agenda in compliance with Section 20-66.040 (Hearing Procedure), above.
2.
At
the conclusion of a hearing by the Zoning Administrator, the Zoning
Administrator may instead refer the matter to the Commission for a
decision.
B.
Notice
of action. The notice of action shall contain applicable findings,
any conditions of approval and reporting/monitoring requirements deemed
necessary to mitigate impacts and protect the public health, safety,
and welfare.
C.
Mailing
of notice of action.
1.
Within
five days after the final decision, or recommendation, is rendered
by the applicable review authority, a notice of action (e.g., decision
or recommendation), any applicable conditions of approval, and the
reporting/monitoring requirements shall be mailed to the applicant
at the address shown on the application.
2.
A
copy of the notice of action shall also be sent to the property owner,
if different from the applicant, and to all other persons who have
filed a written request for notice.
(Ord. 3677 § 1, 2004)
A.
Zoning Administrator, DRB, CHB, or Commission. The decision of the Zoning Administrator, DRB, CHB, or Commission is final unless appealed in compliance with Chapter 20-62 (Appeals).
B.
Council.
The decision of the Council on any matter shall be final.
(Ord. 3677 § 1, 2004)
A.
Zoning Administrator, DRB, CHB, or Commission. A decision of the Zoning Administrator, DRB, CHB, or Commission (other than a recommendation in compliance with Section 20-66.050, above) shall become effective on the 11th day following the date of application approval by the applicable review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 20-62 (Appeals).
B.
Council.
1.
Other
than amendments. The decision of the Council on any matter, other
than an amendment, shall be effective immediately following the decision.
2.
General
Plan. A General Plan amendment shall become effective immediately
upon the adoption of a resolution by the Council, and after the close
of the statute of limitations under the California Environmental Quality
Act (CEQA).
3.
Zoning
Code and Zoning Map. A Zoning Code and Zoning Map amendment shall
become effective on the 31st day following the adoption of an ordinance
by the Council.
(Ord. 3677 § 1, 2004)
