This Chapter provides procedures for public hearings before the Commission and Council and for administrative review by the Director. When a public hearing is required by this Title, public notice shall be given and the hearing shall be conducted as provided by this Chapter.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
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
Deadline
Type of Notice Required
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
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:
✓ = 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
Type of Administrative Review
Chapter/Section Reference
Minimum Notice Requirement
Mailed Notice
Mailing Deadline
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:
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)
The Director has the discretion on a case-by-case basis to require noticing for Development Review applications based on criteria including traffic, parking demand, building design, scale, shade or shadow, noise and other potential impacts. When a notice is required, prior to the Director's decision, public notice shall be mailed in accordance with Section 17.630.010 except the notice shall indicate the Director's decision date instead of information regarding a public hearing. Such notice shall include information about the proposed project, the Director's pending decision, and information about when and how and appeal may be filed.
(Ord. 2490 § 2, 2012)
If circumstances require, the Director's decision may occur on a date later than the date provided in the public notice. The decision may not occur on a date earlier than the date provided in the public notice. The Director may record the decision, refer the matter to the Commission for determination. The decision shall contain applicable findings, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and general welfare of the City. The Director shall report its action to the Commission and Council within the 15-day appeal period.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
The Commission may announce and record the decision at the conclusion of a scheduled hearing or defer action, take specified items under advisement, and announce and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and general welfare of the City. The Director shall report the action of the Commission to the Council within the 15-day appeal period.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
At the conclusion of a public hearing on a Comprehensive Plan, Development Agreement, Specific Plan, prezoning, or a proposed amendment to the General Plan or Zoning Map/Code, the Commission shall forward a recommendation, including all required findings, to the Council for final action.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
For an application requiring Council approval and/or for an application that has been appealed to the City Council, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety, and general welfare of the City.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
Within 10 working days after the final decision or recommendation is rendered by the appropriate review authority, a notice of the decision, recommendation, any applicable conditions of approval, and any reporting/monitoring requirements shall be mailed to the applicant at the address shown on the application. A copy of the notice 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. 2456 § 2, 2010; Ord. 2490 § 2, 2012)