Table 6-2, Mandatory Public Hearings or Public Reviews Before the Commission or Council, identifies the noticing requirements for public hearings or reviews before the Commission or Council. The Director, as the Zoning Administrator, is authorized to perform his or her duties, as described in this Title, without a public hearing. The Director also has the discretion on a case-by-case basis to require noticing and defer the application to the Commission for Development Review applications based on criteria including traffic, parking demand, building shade and shadow, noise, historic significance and other potential impacts. Development Review applications not exempt from the California Environmental Quality Act (CEQA) will be automatically subject to a public hearing before the Commission.
Table 6-2 Mandatory Public Hearings or Public Reviews Before the Commission or Council |
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Deadline | Type of Notice Required |
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Mailed Notice 10 days before the date of the public hearing or review | Published Notice 10 days before the date of the public hearing or review | Posted Notice 10 days before the date of the public hearing or review |
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Type of Discretionary Review Application: |
Affordable Housing Density Bonus Agreement | ✓ | ✓ | ✓ |
Comprehensive Plan | ✓ | ✓ | ✓ |
Conditional Use Permit (CUP) | ✓ | NA | ✓ |
Development Agreement | ✓ | ✓ | ✓ |
Development Review2 | ✓ | NA | ✓ |
General Plan Amendment: |
Land Use Plan Change | ✓ | ✓ | ✓ |
Text Amendment | NA | ✓ | ✓1 |
Major Wireless Telecommunications Facility Permit | ✓ | ✓ | ✓ |
Specific Plan | ✓ | ✓ | ✓ |
Subdivisions (WMC, Title 16) except Urban Lot Splits pursuant to Chapter 16.12 of Title 16 | ✓ | NA | ✓ |
Variance | ✓ | NA | ✓ |
Zoning Code/Map Amendment: |
Map Change | ✓ | ✓ | ✓ |
Text Amendment | NA | ✓ | ✓1 |
Notes: |
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✓ = Required; NA = Not Applicable |
1 | Posting only at the public places as required by Section 1.28.010 of WMC. |
2 | Only if the Director requires a public notice and defers the application to the Commission for action or if the application is not exempt from CEQA. |
A. Mailed Notice. Written notices for public hearings identified in Table 6-2 and scheduled for the Commission or Council shall be given in the following manner:
1. Notices shall be mailed, postage prepaid, to the following:
a. The applicant, occupants, and owner(s), or their agents, of the property being considered.
b. The owners and occupants of all property within a radius of 500 feet of the exterior boundaries of the property or the perimeters of the premises of the proposed use or development involved in the application. This subsection establishes the minimum mailed notice requirements and shall not preclude the provision of notice to a greater number of persons.
c. Each local agency expected to provide water, sewage, streets, schools, or other essential public facilities or services to the project, whose ability to provide the facilities and services may be significantly affected.
d. A person who has filed a written request for notice with the Director and has paid the fee established by the most current City Council Fee Resolution for the notice.
2. Notices shall be mailed at least 10 days before the date scheduled for the public hearing, review or action.
3. For the purposes of this notification, the last known name and address of each property owner as identified in the records of the Orange County Assessor shall be used, unless a more current source of this information is known.
4. The address of occupants shall be determined by visual site inspection or other reasonably accurate means. The occupant notice requirement can be met by mailing the notice to the occupant(s).
5. At the time of filing the application, the applicant or designee shall provide a list of property owners and occupants within the prescribed area of notification and shall sign an affidavit verifying that the list has been prepared in compliance with the requirements of this Section.
6. The City shall prepare the notice, which shall clearly state:
a. The date, place, and time of the scheduled hearing;
b. The name of the hearing body or decision maker;
c. A general explanation of the matter to be considered;
d. A general description, in text or by diagram, of the location of the subject property;
e. The manner in which additional information may be received;
f. Any other pertinent information deemed appropriate by the Director;
g. If a proposed Negative Declaration or Final Environmental Impact Report (EIR) has been prepared for the project in compliance with the City's use of the State-promulgated CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the Final EIR.
7. The Director has the discretion, on a case-by-case basis, to require the applicant to expand the mailing list beyond the minimum mailing area identified in subsection
A.1.b, based on criteria including traffic impact, parking demand, building shade and shadow, noise corridor, cul-de-sac street, and other potential impact(s) and physical boundaries that could help delineate the impact area.
8. In the event a public hearing or review is opened but continued to a date certain by the Commission or Council, further notice is not required but may be given at the Director's discretion.
9. The failure of any person or addressee to receive a written mailed notice shall not invalidate the public hearing or review proceedings, and the Commission or the Council may continue the public hearing or review at its discretion in compliance with subsection
A.7.
10. If the City is responsible for printing and mailing the notices required by this Section, the City may charge a fee, in an amount set by resolution to cover the costs of printing and mailing such notices. If the City requires applicants to print and mail the notices required by this Section, the City shall not charge a fee to cover the costs of mailing such notices.
B. Published Notice. Published notices of public hearings or reviews identified in Table 6-2 before the Commission and the Council shall be given in the following manner:
1. Ten-day notice. A notice shall be published at least once in a local newspaper of general circulation in the City not less than 10 days before the date of the public hearing or review. The Director has the discretion to publish the notice in other newspapers.
2. Content of notice. The content of the notice of a public hearing shall be provided in compliance with subsections A.5.a through g.
3. Notice triggered by Section 17.630.010(A)(1)(c). If the notice is mailed or delivered pursuant to said Section, the notice shall be published per subsection
B.
C. Posted Notice. In addition to the mailed notice and published notice identified in subsections
A and
B, not less than ten days prior to a public hearing, posted notice(s) for a public hearing or review before the Commission or Council for the applications identified in Table 6-1 and concerning specific real property, shall be conspicuously posted, at the site to which the application pertains, by the applicant, in a manner approved by the Director. The Director has the discretion to require posting of multiple notices to ensure appropriate level of visibility. The applicant shall submit an affidavit of sign posting on a form prescribed by the Director and a photograph of the sign(s) on-site. Notices shall also be posted at locations designated by Section
1.28.010 of the WMC. All posted notices shall be entitled, "Public Notice," and the words shall be printed in letters not less than one-inch in height.
D. Notice of Administrative Use Permits and Administrative Adjustment Applications. A notice regarding the administrative review of an Administrative Use Permit application shall indicate that a public hearing shall not be required unless requested in writing to the Director, before or upon the anticipated date of decision by the Director. Upon receipt of a written notice requesting a public hearing regarding an Administrative Use Permit application, the Director shall schedule a public hearing before the Planning Commission, subject to the provisions stated in this Chapter regarding public hearings before the Planning Commission, with the exception that the minimum mailing radius for the public hearing notice shall be the same as specified for an Administrative Use Permit, as specified in Table 6-3, Mailed Notification Requirements for Administrative Discretionary Review Applications.
Table 6-3 Mailed Notification Requirements for Administrative Discretionary Review Applications |
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Type of Administrative Review | Chapter/Section Reference | Minimum Notice Requirement |
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Mailed Notice | Mailing Deadline |
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Administrative Use Permits | 17.550 | All property owners and occupants within a 300-foot radius1 | 10 days before the anticipated date of the decision by Director2 |
Administrative Adjustments | 17.550 | All adjacent (contiguous) property owners and occupants | 10 days before the anticipated date of the decision by Director |
Development Review if noticing is required and subject to Director's action | 17.520 | All property owners and occupants within a 500-foot radius | 10 days before the anticipated date of the decision by the Director |
Discretionary Administrative Wireless Telecommunications Facility Permit | 17.400.177 | All property owners and occupants within a 300-foot radius | 10 days before the anticipated date of the decision by the Public Works Director |
Notes: |
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1 | For large family day care, notice shall be mailed to property owners only within 100-foot radius. |
2 | See Section 17.400.035 for provisions related to large family day care. |
E. Additional Notice. In addition to the types of notices required by subsections
A to
D, the Director may provide additional notice with content or use a distribution method as the Director determines is necessary or desirable (e.g., via the Internet).
F. Effect of Notification Requirements. Nothing in the public-notification requirements identified in this Section is intended to supersede the procedures established in this Chapter for other discretionary reviews.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2490 § 2, 2012; Ord. 2557 §§ 4, 5, 2019; Ord. 2580U § 12, 2022)