This chapter provides procedures for public hearings required by the Zoning Ordinance. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this chapter and applicable State law.
When the Zoning Ordinance requires a noticed public hearing before a decision on a permit, or for another matter, the public will be provided notice of the hearing as required by this chapter and State law.
A.
Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.
1.
Hearing Information. The date, time, and place of the hearing and the name of the hearing body, and the phone number and street address of the Development Services Department, where an interested person could call or visit to obtain additional information.
2.
Project Information. The name of the applicant; the City's file number assigned to the application; 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.
Statement on Environmental Document. The hearing notice shall state if the proposed project is determined exempt under the California Environmental Quality Act (CEQA), or if a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report has been prepared for the project. The hearing notice shall include a statement that the hearing body will also consider approval of the CEQA determination or document prepared for the proposed project.
B.
Method of Notice Distribution. Notice of a public hearing required by this chapter shall be given as follows:
1.
Mailing. Notice shall be mailed or delivered at least ten days before the scheduled hearing to the following recipients:
a.
Project Site Owners and the Applicant. The owners of the property being considered in the application or the owners' authorized agent, and the applicant.
b.
Local Agencies. Each local agency expected to provide roads, schools, sewerage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.
c.
Affected Owners. All owners of real property within 300 feet of the exterior boundaries of the parcel that is the subject of the hearing. Notification shall be extended when less than ten properties are within 300 feet to include ten properties. In lieu of utilizing the latest assessment roll, the City and/or applicant may utilize records of the County Assessor or Tax Collector which contains more recent information than the assessment roll.
d.
Persons Requesting Notice. Any person who has filed a written request for notice with the Development Services Director.
e.
Other Persons. Any other person, whose property might, in the judgment of the Development Services Director, be affected by the proposed project.
2.
Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with paragraph 1 of this subsection is more than 1,000, the Development Services Director may choose to provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within Upland at least 10 days prior to the hearing.
3.
Publication and Posting. If notice is mailed or delivered as described in paragraph 1 of this subsection, the notice shall also either be:
4.
Additional Notice. In addition to the types of notice required above, the Development Services Director may provide any additional notice and content using a distribution method that the Development Services Director determines is necessary or desirable.
5.
Failure to Receive Notice. The validity of the hearing shall not be affected by the failure of any resident, property owner, or community member to receive a mailed notice.
After the completion of all materials required to render a decision on a matter, a matter requiring a public hearing shall be scheduled for a public hearing at an appropriate time, but no sooner than any minimum time period established by State law.
A.
Time and Place of Hearing. A hearing will be held at the date, time, and place for which notice was given, unless the required quorum of hearing body members is not present.
B.
Continued Hearing. Any hearing may be continued from time to time without further notice; provided that the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
C.
Motion of Intent. The hearing body may announce a tentative decision, and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
After a public hearing resulting in a recommendation to another hearing body, the recommendation shall be forwarded to the other hearing body. A copy of the recommendation shall be mailed to the applicant at the address shown on the application.
A.
Decision.
1.
The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, make a motion of intent and continue the matter to a later meeting agenda in compliance with this chapter, or continue the matter to a later meeting agenda in compliance with this chapter.
2.
At the conclusion of a hearing conducted by the Development Services Director, the Development Services Director may choose to refer the matter to the Planning Commission for review and final decision. Referral to the Planning Commission may be chosen in cases of unusual public sensitivity, controversy, or complexity relating to a requested approval.
3.
The decision of the City Council on any matter is final and conclusive. The decision of the Development Services Director and Planning Commission are final upon the completion of the appeal period if no appeal is filed and no call for review is requested.
B.
Notice of Decision.
1.
Provision of Notice. Following the final decision on an application for a permit or other approval required by the Zoning Ordinance, the Development Services Department shall provide notice of its final action to the applicant and to any person who specifically requested notice of the City's final action.
2.
Contents of Notice. The notice of the final decision shall contain applicable findings; conditions of approval; reporting and monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City; and the procedure for appeal of the Development Services Director and Planning Commission decisions.
A.
City Council Decision. A decision of the City Council is final and shall be effective on the date the decision is rendered.
B.
Other Decisions. The decision of the Development Services Development or Planning Commission is final and effective after 5:00 p.m. on the 10th day following the date the decision is rendered, when no appeal or call for review to the decision has been filed in compliance with Chapter 17.47 (Referrals, Appeals, and Calls for Review).