This section provides procedures for public hearings before the director and council.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
When an amendment, appeal, entitlement, or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with state law.
A.
Contents of notice. Notice of a public hearing shall include:
1.
The date, time, and place of the hearing, the name of the hearing body, the nature of the application, the application number, and the phone number and street address of the department where an interested person may call or visit to receive additional information;
2.
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.
A statement that persons wishing to be heard on the matter may attend and be heard; and
4.
If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the city's environmental review procedures, the notice shall include a statement that the hearing body shall 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 section for an amendment, appeal, or entitlement shall be given as follows:
1.
Posting. Except as provided in subsection (B)(3) below, notice shall be posted at least 10 days before the hearing, in at least three public places in the city as designated by the City Council and posted on the City's website; and
2.
Mailing.
a.
Notice shall be mailed, or delivered, at least 10 days before the hearing, through the United States mail with postage prepaid, to:
(1)
The owner(s) of the property being considered or the owner's agent, and the applicant(s);
(2)
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;
(3)
All owners of real property as shown on the county's latest equalized assessment roll within a 500 foot radius of the subject parcel; and
(4)
Any person who has filed a written request for notice with the department.
b.
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 either parcel(s).
C.
Additional notice. In addition to the types of notice required by subsection B, above, the director may require additional notice with content or using a distribution method as the director determines is necessary or desirable (e.g., use of a greater radius for notice, on the internet, applicant hosted community meeting, etc.).
D.
Alternative means of notice. When a proposed general plan amendment, zoning map amendment, or zoning ordinance text amendment affects more than 1,000 property owners, as an alternative to the noticing requirements in subsections B. and C., above, the city may provide notice by placing a display advertisement, in compliance with the provisions of state law (Government Code section 65091[a][3]), not less than 10 days before the date of the hearing in a newspaper having general circulation in the city.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1189, §§ 6–7, 8-23-21)
A.
Action. The review authority shall announce and record the decision at the conclusion of the scheduled hearing.
B.
Decision. The decision shall contain applicable findings, any conditions of approval, and reporting/monitoring requirements deemed reasonable and necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or welfare of the city.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
The decision of the review authority (except for the council) is final unless appealed in compliance with section 27 (Appeals).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
Before the public hearing on a proposed adoption or amendment of a development agreement, the general plan, a specific plan, the zoning map, or this zoning ordinance, the director shall forward a written recommendation, including all required findings, to the council for final action.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A.
Action. For applications requiring council approval, the council shall announce and record its decision at the conclusion of the scheduled hearing.
B.
Decision. The decision shall contain the findings of the council, any conditions of approval, and reporting/monitoring requirements deemed reasonable and necessary to mitigate impacts and protect the public convenience, health, interest, safety, or welfare of the city.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A.
May continue hearing. If a hearing cannot be completed on the scheduled day, the presiding review authority member (e.g., mayor or director), before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued.
B.
Notice not required. Additional notice for the continued hearing shall not be required.
C.
Applicant requested continuance. A continuance requested by the applicant or appellant shall be accompanied by a fee in compliance with the city's fee resolution.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A notice of the decision, any applicable conditions of approval, and the reporting/monitoring requirements shall be mailed to the applicant at the address shown on the application.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A summary of all pertinent evidence offered at the public hearing(s) held in compliance with this section, and the names of persons testifying, shall be recorded and filed with the application as part of the city's official records.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)