City of Stockton, CA REVIEW PROCEDURES

This chapter is intended to provide processing procedures for applications submitted to the Department.

(Prior code § 16-420.010)

The requirements identified in this chapter are considered a minimum and may be expanded or modified by specific application requirements.

(Prior code § 16-420.020)

§ 16.88.025 Neighborhood meetings.

A neighborhood meeting shall be required for any application requiring Council review. At the discretion of the Director, a neighborhood meeting may be required for other applications.

Procedure.

Scheduling.

The applicant shall schedule the meeting at least two weeks prior to the Planning Commission meeting.

The meeting shall be held Monday through Thursday evening after 5:00 p.m. not on an evening preceding a legal holiday and not on Halloween.

Noticing.

The notice of the meeting shall be sent out at least 10 days prior to the meeting.

Notices/invitations to the neighborhood meeting shall be sent to those names and addresses listed on the public hearing notice list (within 300 feet of the subject property, obtained from the City of Stockton). A copy of the invitation shall also be sent to Planning staff and to the member of the City Council and Planning Commission in whose district the project site is located.

The applicant shall host the meeting and present the project for questions and answers.

Verification that the notice was mailed consistent with this Development Code is required before the item will be scheduled for Planning Commission review.

Any person attending the neighborhood meeting who did not receive an invitation may request that their name be added to the notification list for subsequent Planning Commission and/or City Council public meetings on the project. The costs associated with providing such additional notification will be borne by the project applicant.

(Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11)

§ 16.88.030 Public hearing notices.

Content of Notice.

Notice of a public hearing shall include: the date, time, and place of the hearing; the name of the hearing authority; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and the phone number and street address of the Department where an interested person could call or visit in order to receive additional information.

If a proposed negative declaration or environmental impact report (EIR) has been prepared for the project in compliance with the City's CEQA Guidelines, the hearing notice shall include a statement that the hearing body would also consider approval or recommendation of the proposed negative declaration or certification of the final EIR.

Method of Notice Distribution. Notice shall be provided as follows:

Published Notice. A legal notice shall be published at least once in a local newspaper of general circulation within the City at least 10 days before the hearing for:

All actions in which the Council is the final Review Authority (e.g., development agreements, Development Code amendments, General Plan amendments, historical landmarks/sites/districts, master development plans, precise road plans, specific plans/amendments, street name changes, and Zoning Map amendments);

Tentative maps;

Heritage tree permits; and

Proposed negative declarations or environmental impact reports.

Mailed Notice.

Actions. The following actions shall require a mailed notice:

Council Actions. For specified actions in which the Council is the final Review Authority; and

ii.

Commission or Director Actions. For all actions in which:

(A)

The Commission is the final Review Authority (e.g., planned development permits, tentative maps, Commission use permits, and variances), or

(B)

The Director is the final Review Authority and a public hearing is required (e.g., Administrative Use Permits), except heritage tree permits;

iii.

Administrative Hearing Officer Actions. For all actions in which an Administrative Hearing Officer is the final Review Authority and a public hearing is required.

Method. The notice shall be mailed or delivered:

Timing. At least 10 days before the hearing.

ii.

Recipients.

(A)

Subject Owner(s). The owner(s) of the property being considered or the owner's agent, and the applicant, or responsible party;

(B)

Local Agencies. Each local agency expected to provide schools, water, or other essential facilities or services to the project, and whose ability to provide the facilities and services may be significantly affected;

(C)

Affected Owners. All owners of real property as shown on the County's latest equalized assessment roll within a radius of 300 feet of the exterior boundaries of the parcel involved in the application, except for:

(1)

Specific plans and master development plans, which shall be 1,000 feet, and

(2)

If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide notice by placing a display advertisement in at least one newspaper of general circulation within the City at least 10 days before the hearing in compliance with Government Code Section 65091(a)(3).

Cost of Providing Notice. The applicant for a project shall pay all costs associated with providing required public hearing notices, as determined by the Director.

Additional Notice. In addition to the types of notice required by subsection B of this section (Method of notice distribution), additional notice that the Director determines is necessary or desirable may be required using the Director's choice of distribution.

(Prior code § 16-420.030; Ord. 023-07 C.S. § 102; Ord. 015-09 C.S., eff. 12-3-09; Ord. 013-10 C.S. § 1, eff. 9-23-10; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2013-07-30-1603-01 C.S. § 2; Ord. 2016-01-26-1601 C.S. § 4; Ord. 2020-06-09-1501 C.S. § 24)

§ 16.88.040 Environmental determination.

Before the Review Authority makes a decision on an application(s) for a discretionary permit, a related environmental determination is required in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA Guidelines. The Review Authority shall make one of the following determinations, as applicable:

Exempt. The application is not subject to CEQA.

The Review Authority has determined that the proposed activity or action is exempt in compliance with Section 15061 of the CEQA Guidelines and Section 16.84.050(B)(1)(a).

Notice of exemption, in compliance with Section 15062 of the CEQA Guidelines, shall be prepared and filed with the San Joaquin County Clerk and, if applicable, with the State Office of Planning and Research.

Subject to CEQA. The application is subject to CEQA. The Review Authority has independently reviewed and considered the environmental documentation for the proposed project/activity and has made the following determination, with appropriate findings, regarding its adequacy:

Adequate. The Review Authority has determined that the environmental documentation for the proposed project/activity adequately addresses the environmental consequences of the proposed project/activity, as follows:

Previous Environmental Document. Determine that the proposed project/activity has been adequately addressed by a previously adopted or certified environmental document, in compliance with the Section 15096 of the CEQA Guidelines and City's CEQA Guidelines. In addition, the applicable environmental document(s) shall be referenced and CEQA findings shall be adopted or recommended for any project approvals in which the City is a lead or responsible agency (as defined in CEQA) for the approvals, as applicable, or

Negative Declaration. Adopt a negative declaration and related initial study, a mitigated negative declaration/initial study, or an addendum to a mitigated negative declaration/initial study, including a mitigation agreement, any related mitigation measures, and the corresponding monitoring/reporting provisions, as applicable, in compliance with Section 15074 of the CEQA Guidelines and the City's CEQA Guidelines, or

Environmental Impact Report. Certify a final environmental impact report (EIR), supplemental EIR, or addendum to a final EIR, and adopt any related CEQA findings, including any required mitigation measures and corresponding mitigation monitoring/reporting provisions, in compliance with Sections 15090 through 15093 of the CEQA Guidelines and the City's CEQA Guidelines; or

Not Adequate. The proposed project/activity is subject to CEQA, but the environmental consequences of the proposed project/activity have not been adequately addressed and the environmental document(s) shall be revised or augmented, and possibly recirculated for public review, before taking an action on the related application(s).

(Prior code § 16-420.040)

§ 16.88.050 Procedures for review of applications.

Review Without Notice Procedure.

Applicability. The review without notice procedure applies to applications, which are reviewed to determine their consistency with established policies and standards and do not require action by the Commission.

Notice Not Required. Notice is not required for actions taken in compliance with this section.

Review. The Director shall review the application for completeness and accuracy and refer the application to staff and applicable agencies for review and comment.

Action by Director. The Director shall approve or disapprove the application based upon its consistency with established policies and standards.

Effective Date of Action. Action on any application, unless otherwise identified, shall be effective upon expiration of the 10-day appeal period in compliance with Section 16.92.090 (Effective date).

Administrative Review Procedure.

Applicability. The review with notice procedure applies to discretionary applications which require public notice, but which do not require a public hearing before the Commission.

Preliminary Action by Director. Following the initial review period, the Director shall either:

Proceed with the review; or

Refer the application directly to the Commission based on:

The importance of the issue in carrying out the General Plan, the cumulative effect of similar applications, policy guidance previously received from the Commission or Council, and the possibility that the decision may set a precedent for future decisions. The Commission shall give notice and conduct a public hearing in compliance with subsection C of this section (Public hearing review procedure),

ii.

An EIR being required. All projects requiring the preparation of an EIR shall be automatically referred to the Commission for final action.

Notification. Notification of the application and any hearing that is requested in compliance with subsection (B)(5) of this section, shall be given in compliance with Section 16.88.030(B)(2) (Mailed notice).

Administrative Review Process—10-Day Review Period.

There shall be a 10-day review period (e.g., administrative use permit and heritage tree removal permit) during which time:

Comments, for or against the application, may be submitted to the Director before the application is considered; and/or

ii.

A request for a public hearing may be submitted to the Director.

All comments/requests shall be in writing and signed by the person submitting the comments/request.

Action by Director. Following the review period, including the time required for the applicable environmental documents, the Director shall either render a decision or refer the application to the Commission. Any decision of the Director shall require a public hearing if a request for a public hearing has been filed in compliance with subsection (B)(4) of this section (Administrative review process).

Decision on Application. If the Director elects to make a decision on the application, including the environmental documents:

Environmental Determination. Before the Director makes a decision on the application(s), the Director shall make an environmental determination in compliance with Section 16.88.040 (Environmental determination).

ii.

Application. At the conclusion of a review or hearing, whichever is applicable, the Director shall approve, conditionally approve, or disapprove the application. The Director may take specific items under advisement and reach a decision and announce it at the later date.

Refer Application. Refer the application and related environmental documentation directly to the Commission based on the response from notifications and the criteria in subsection (B)(2)(b)(i) of this section. The Commission shall give notice and conduct a public hearing in compliance with subsection C of this section (Public hearing review procedure).

Finality of Decision. The decision of the Director is final unless appealed in compliance with Chapter 16.100 (Appeals).

Written Decision.

Contents of Decision. The decision shall contain applicable findings, any conditions of approval, and related monitoring provisions deemed necessary to mitigate any impacts and to protect the public health, safety, and welfare of the City.

Notice. Following the rendering of a decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application, any interested party commenting on the application or requesting a public hearing, and any interested party that provided a written request for a copy of the decision.

Notice of Determination. Following the hearing, any notice of determination shall be filed with the County Clerk and the State Clearinghouse, as applicable, in compliance with the City's CEQA Guidelines.

Public Hearing Review Procedure.

General Provisions. The applicable Review Authority (e.g., Commission or Council) shall conduct a public hearing with notification for the purpose of receiving oral and written evidence relative to the application(s). This evidence shall be reviewed to determine if the application is consistent with existing policies, standards, and required findings.

Notification. Notification of the public hearing shall be given in compliance with Section 16.88.030 (Public hearing notices).

Public Hearing. The applicable Review Authority shall hold a public hearing on the application(s), including review of applicable environmental documents. An applicant, an applicant's representative, or any interested party may make a presentation on the application.

Applications for Which the Commission Is the Review Authority. Following the conclusion of a public hearing:

Environmental Determination. Before making a decision on the applications, the Commission shall make an environmental determination in compliance with Section 16.88.040 (Environmental determination).

ii.

Application. The Commission shall approve, conditionally approve, or disapprove the application(s).

(A)

Finality of Decision. The decision of the Commission is final unless appealed in compliance with Chapter 16.100 (Appeals).

(B)

Written Decision.

(1)

Contents of Decision. The recorded decision shall contain applicable findings, any conditions of approval, and related monitoring provisions deemed necessary to mitigate any impacts and to protect the public health, safety, and welfare of the City.

(2)

Notices. Following the hearing a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application and to any interested party that provided a written request for a copy of the decision.

iii.

iv.

Effective Date of Action. Action on any application, unless otherwise identified, shall be effective upon expiration of the 10-day appeal period, in compliance with Section 16.92.090 (Effective date).

For Actions in Which the Council Is the Review Authority. The Council shall take the final action on all development agreements, Development Code amendments, General Plan amendments, historical landmarks/sites/districts, master development plans, precise road plan, prezoning, specific plans/amendments, street name changes, and Zoning Map amendments based on recommendation by the Commission, and appeals to Commission decisions.

Recommendation by Commission. The Commission shall hold a public hearing in compliance with subsection (C)(3)(a) of this section (Applications for which the Commission is the Review Authority), except that at the conclusion of the public hearing, the Commission shall forward a written recommendation to the Council.

(A)

Environmental Determination. Before the Commission makes a recommendation on the application(s), the Commission shall review and consider the environmental documentation in compliance with Section 16.88.040 (Environmental determination).

(B)

Application. The Commission shall either:

(1)

Approve the Application. Approve or conditionally approve the application. The resolution for the recommendation shall contain applicable findings, any conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City; or

(2)

Disapprove the Application. The Commission's action for disapproval shall be final and conclusive unless an appeal to the Council is filed in compliance with Chapter 16.100 (Appeals). Following the Commission's action, a notice of the recommendation shall be mailed to the applicant at the address shown on the application.

ii.

Decision by Council. Upon receipt of the Commission's recommendation and following the conclusion of the public hearing, the Council shall:

(A)

Environmental Determination. Before making a decision on the application(s), make an environmental determination in compliance with Section 16.88.040 (Environmental determination).

(B)

Application. Approve, approve in modified form, or disapprove the proposed application in compliance with Chapter 2.04 of the Municipal Code (Council Meetings) based on the applicable findings of fact.

(1)

Modification to Proposed Projects. If the Council proposes to adopt a substantial modification to the proposed project that was not previously considered by the Commission during its hearings, the proposed modification shall be referred back to the Commission for its recommendation before the Council makes a final decision.

(2)

Overrule of Commission Decision. It shall take four concurring votes of the Council to overrule a decision of the Commission.

(3)

Decision. The Council shall approve, conditionally approve, or disapprove the application(s).

(a)

Finality of Decision. The decision of the Council is final.

(b)

Written Decision.

(i)

Contents of Decision. The decision shall contain applicable findings, any conditions of approval, and related monitoring provisions deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.

(ii)

Notice of Decision. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application and to any interested party that provided a written request for a copy of the decision.

(C)

Notice of Determination. Any notice of determination shall be filed with the County Clerk and the State Clearinghouse, as applicable, and in compliance with the City's CEQA Guidelines.

iii.

Effective Date. The date on which the action of the Council becomes effective shall be in compliance with Section 16.92.090 (Effective date).

(Prior code § 16-420.050; Ord. 2018-01-23-1503 § I; Ord. 2020-06-09-1501 C.S. § 25)