This chapter provides procedures for public hearings before
the Planning Commission and Council. Whether or not a public hearing
is required by this Zoning Ordinance, when public notice is required,
it shall be given as provided by this chapter.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 238, 2019)
When a land use permit, entitlement, or other matter requires
a public hearing, the public shall be provided notice of the hearing
in compliance with state law (
Government Code Sections 65090, 65091,
65094, and 66451.3 and
Public Resources Code Section 21000
et seq. ), or as otherwise required in this Zoning Ordinance.
Specific types of applications contain special notice provisions.
Where the Zoning Ordinance provides for such specific notice provisions,
those shall prevail over the general notice provisions of this chapter.
A. Content of Notice. Notice of a public hearing shall include:
1. Date,
Time, and Place. The date, time, and place of the hearing; the name
of the hearing body; a general explanation of the matter to be considered;
a general description, in text or by diagram, of the location of the
property that is the subject of the hearing; and the phone number
of the department for additional information; and
2. Environmental
Document. If a proposed Negative Declaration or final Environmental
Impact Report 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 will 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 chapter for a land use permit, amendment, or appeal
shall be given as follows, as required by state law (
Government Code
Sections 65090 and 65091):
1. Publication.
Where publication is required by state law, notice shall be published
at least once in a newspaper circulated in the city at least 10 days
before the hearing; where state law permits, the city may elect to
post notice in lieu of publishing;
2. Mailing.
Notice shall be mailed or delivered at least 10 days before the hearing
to the following:
a. Applicant and Owner. The applicant, and the owner of the property
being considered or the owner's agent;
b. Local Agencies. Each local agency expected to provide water, schools,
or other essential facilities or services to the project, whose ability
to provide the facilities and services may be significantly affected;
c. Surrounding Residents and Property Owners. All owners of real property
as shown on the county's current equalized assessment roll, and all
tenants within a radius of 500 feet or, at the discretion of the Community
Development Director, where project impacts may affect a larger area
than is typical, within a radius of 750 feet or 1,000 feet of the
exterior boundaries of the parcel involved in the application; and
d. Persons Requesting Notice. A person who has filed a written request
for notice with the Community Development Director and has paid the
fee set by the most current city's Fee Resolution for the notice.
3. Posting
of Site. A display board containing notice shall be posted at the
subject parcel at least 28 days before the initial hearing and 10
days before any appeal hearing. The applicant is responsible for the
preparation, installation, and maintenance of the posted notice.
a. The applicant shall submit to the city an affidavit verifying that
the sign was posted on the site in a timely manner.
b. Failure of the applicant to post the parcel in compliance with this
subsection, or technical defects in the content or composition of
the sign (e.g., sign size, size of lettering, type of lettering) shall
not constitute grounds to postpone the hearing or invalidate the decision
made at the hearing where there has been substantial compliance with
the requirements of this section and adequate noticing has been provided.
c. The following guidelines apply to the composition of the signs required
by this section. The signs shall:
(1) Comply with the following dimensional requirements:
(a)
A minimum of 12 square feet in area;
(b)
Minimum dimensions of three feet by four feet; and
(c)
Height not to exceed eight feet;
(2) Be located not less than one foot nor more than 10 feet inside the
property line. Signs may be attached to a building face at a zero
setback.
d. Public hearing signs that have been posted pursuant to this chapter
shall be maintained to reflect the correct hearing date and shall
remain in place until a decision on the application becomes final.
The applicant shall remove the sign after that date.
C. Posting on the Internet. Notice shall be posted on the city's
website at least 10 days before the public hearing. However, failure
to post on the website shall not constitute grounds to postpone the
hearing or invalidate the decision made at the hearing.
D. Announcement on Public Access Television. Notice shall be
advertised on city channel (government access cable channel) at least
10 days before the public hearing. However, failure to post or advertise
on city channel shall not constitute grounds to postpone the hearing
or invalidate the decision made at the hearing.
E. Posting in a Public Place. A notice shall be posted in a
public place in the offices of the city at least three days before
the hearing.
F. Notice for Conversion of a Multi-Family Project to a Common Interest
Development.
1. Tenant
Notice. In addition to notice required in this section, the applicant
for a tentative map and development permit for the conversion of a
multi-family residential structure to a common interest development
shall deliver to each tenant within the structure, and to each prospective
tenant thereafter, a notice regarding the proposed conversion.
2. Thirty-Day
Notice. The applicant shall deliver notice at least 30 days before
the required hearing to all tenants, in compliance with state law.
3. Proof
of Service. Proof of service of the notice as well as a list of names
and addresses of all tenants shall be provided to the city by the
applicant.
4. Burden
of Proof. The applicant bears the burden of demonstrating at any public
hearing regarding permits for the proposed conversion that the applicant
has fully satisfied the requirements of this subsection.
G. Alternative Notice. If the number of property owners to
whom notice would be mailed is greater than 1,000, the Community Development
Director, in lieu of mailed or delivered notice, may provide notice
by placing a display advertisement of at least one-quarter page in
a newspaper of general circulation in the city.
H. Additional Notice. In addition to the methods of noticing required by subsection
(B), above, the Community Development Director may provide any additional notice using any distribution method that the Community Development Director determines is necessary or desirable.
(Ord. 01-594 § 2, 2001; Ord. 04-683 § 5, 2004; Ord. 19-1058 §§ 239, 240,
2019; Ord. 24-16, 6/24/2024)
In cases where this Zoning Ordinance requires public notice
of a pending land use decision but does not require a public hearing,
the subject property shall be continuously posted with a minimum 11"
by 17" sign giving notice of the application for at least 10 days
before the date on which the public comment period will end, except
that notice for an administrative permit shall be posted at least
seven days prior to the end of the public comment period. The sign
shall include the permit number, the address and a description of
the project, and the date when the public comment period will end.
A façade renovation shall not require a notice unless deemed
necessary by the Community Development Director. A request to legalize
illegal units shall require posting of a sign at least 14 days before
the end of the public comment period and shall additionally require
mailed notice to owners and residents of adjacent and abutting properties
mailed or delivered at least 14 days before the end of the public
comment period.
(Ord. 01-594 § 2, 2001; Ord. 01-610 § 5, 2001; Ord. 19-1058 § 241, 2019; Ord. 24-16, 6/24/2024)
Public hearings as provided for in this chapter shall be held
at the time and place for which notice has been given in compliance
with this chapter. A hearing may be continued without additional mailed
notice, provided that the chair announces the time and place to which
the hearing will be continued, before the adjournment or recess. Notice
of the continuance shall be posted on-site until the new date of hearing.
(Ord. 01-594 § 2, 2001)
A. Timing of Decision. The review authority may announce and
record the decision at the conclusion of a scheduled hearing, or defer
action, take specified items under advisement, and continue the hearing.
Where the Community Development Director is the review authority,
the Community Development Director may take the matter under advisement,
or refer the matter to the Commission for a decision.
B. Content. The record of the decision by the review authority
shall contain applicable findings, any conditions of approval and
reporting or monitoring requirements deemed necessary to mitigate
any impacts and protect the public health, safety, and welfare of
the city. Following the hearing, the record of the decision and any
conditions of approval shall be hand-delivered or mailed to the applicant
at the address shown on the application.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 242, 2019; Ord. 24-16, 6/24/2024)
The decision of the Planning and Development Services Director or Planning Commission is final unless appealed in compliance with Chapter
19.76 (Appeals). (See Section
19.62.020 – Effective Date of Permits.)
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 243, 2019)
At the conclusion of a public hearing on a proposed amendment
to the General Plan, this Zoning Ordinance, the Zoning Map, a development
agreement, or a specific plan, the Planning Commission shall forward
a recommendation, including all required findings, to the Council
for final action. Following the hearing, a notice of the Planning
Commission's recommendation shall be hand-delivered or mailed to the
applicant at the address shown on the application.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 244, 2019)
For applications requiring Council approval, the Council shall
announce and record its decision at the conclusion of the public hearing.
The record of the decision shall contain the findings of the Council,
any conditions of approval, and reporting or monitoring requirements
deemed necessary to mitigate any impacts and protect the public health,
safety, and welfare of the city. 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.
(Ord. 01-594 § 2, 2001)