The purpose of this chapter is to specify procedures for hearings before the council and commission, and appeals of any requirement, decision, or determination made by the commission or director.
(Ord. 777 § 1 (Exh. A), 2002)
When an amendment, appeal, permit, approval, or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with state law (Government Code Sections 65090, 65091, 65094 and 66451.3 and Public Resources Code 21000 et seq.).
A. 
Notice of a public hearing shall include:
1. 
The date, time, and place of the hearing, the name of the hearing body, 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 California Environmental Quality Act (CEQA), 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. 
Notice of a public hearing required by this chapter for an amendment, appeal, approval, or permit shall be given as follows, as required by state law:
1. 
Notice shall be published at least once in a local newspaper of general circulation within the city at least ten days before the hearing;
2. 
Notice shall be posted, at least fifteen days before the hearing, in at least three public places in the city; and
3. 
Mailing.
a. 
Notice shall be mailed, or delivered, at least fifteen days before the hearing, through the United States mails with postage prepaid, to:
i. 
The owner(s) of the property being considered or the owner's agent, and the applicant(s);
ii. 
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;
iii. 
All owners of real property as shown on the county's latest equalized assessment roll within a five hundred-foot radius of the boundaries of the subject parcel; and
iv. 
Any person who has filed a written request for notice with the director and has paid the fee established by the city's fee resolution for the notice.
b. 
The five hundred-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels.
C. 
If the number of property owners to whom notice would be mailed is more than one thousand, the director may choose to provide the alternative notice allowed by state law (Government Code Section 65091(a)(3)).
D. 
If the number of property owners to whom notice would be mailed is less than twenty-five, then the mailing radius shall be increased to one thousand feet as measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels.
E. 
In addition to the types of notice required by subsections B and C, the director may provide additional notice with content or using a distribution method as the director determines to be necessary or desirable (e.g., use of a greater radius for notice, on the Internet, etc.).
(Ord. 777 § 1 (Exh. A), 2002; Ord. 1035 § 2, 2011)
A. 
Hearings shall be held at the date, time, and place for which notice has been given in compliance with this chapter.
B. 
The summary minutes shall be prepared and made part of the permanent case file.
C. 
Any hearing may be continued.
1. 
If a hearing is not completed on the scheduled day, the review authority, 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.
2. 
Additional notice for the continued hearing shall not be required.
(Ord. 777 § 1 (Exh. A), 2002)
A. 
The commission shall announce and record its decision at the conclusion of the scheduled public hearing. The decision shall contain the action of the commission, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the city.
B. 
Following the commission hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.
C. 
Included within this mailing, shall be a city prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval.
D. 
The decision of the commission shall be final unless appealed to the council.
E. 
The recommendation with findings of the commission for the following applications shall be transmitted to the council for final action:
1. 
Development agreements and amendments;
2. 
General plan amendments;
3. 
Specific plans and amendments;
4. 
Zoning map amendments; and
5. 
Zoning ordinance amendments.
(Ord. 777 § 1 (Exh. A), 2002)
A. 
The council shall announce and record its decision at the conclusion of the scheduled public hearing. The decision shall contain the findings of the council and any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the city.
B. 
Following the council hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.
C. 
Included within this mailing, shall be a city prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval.
D. 
The decision of the council shall be final, unless subjected to further legal action in compliance with state and federal law.
(Ord. 777 § 1 (Exh. A), 2002)