The purpose of Title 10, Chapter 2, Article 29 (Public Hearings) is to specify procedures for hearings before the Council, Commission, and Director and appeals of any requirement, decision, or determination made by the Commission or Director.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 95, Ord. 941, eff. November 10, 2023)
When an amendment, appeal, 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.).
(a)
Notice of a public hearing shall include:
(1)
The date, time, and place of the hearing, the name of the hearing
body, and the telephone number and street address of the Department
where an interested person may call or visit to receive additional
information;
(2)
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)
A statement that persons wishing to be heard on the matter may attend
and be heard; and
(4)
If a proposed negative declaration or final environmental impact
report has been prepared for the project in compliance with the City's
and/or CEQA's environmental review procedures, the notice shall include
a statement that the hearing body shall also consider approval of
the proposed negative declaration or certification of the final environmental
impact report.
(b)
Notice of a public hearing required by this article for an amendment,
appeal, or entitlement shall be given as follows, as required by State
law (Government Code Sections 65090, 65091, 65094, and 66451.3, and
Public Resources Code Section 21000, et seq.).
(1)
Mailing.
(A)
Notice shall be mailed at least 10 days before the hearing, through
the United States mail with postage prepaid, to:
(i)
The owner(s) of the property being considered or the owner's
agent, and the applicant(s);
(ii)
Each local agency expected to provide schools, water, or other
essential facilities or services to the project, whose ability to
provide the facilities and services may be significantly affected;
(iii)
All owners of real property as shown on the County's latest
equalized assessment roll, and all occupants, within a 300 foot radius
of the subject parcel; and
(iv)
Any person who has filed a written request for notice with the
Director and has paid the fee established by the City's fee resolution
for the notice.
(B)
The 300 foot radius shall be measured from the exterior boundaries
of the subject parcel to the exterior boundaries of the neighboring
parcels, without reference to structures existing on either parcel(s)
in the following manner:
(i)
Notification boundaries shall always include all parcels on
both sides of interior residential streets; and
(ii)
For proposed projects fronting on major arterial streets or
highways the 300 foot radius shall not include the width of the adjoining
right-of-way but shall be measured entirely from the opposite side
of the arterial street or highway.
(2)
If the notice is mailed as required above, the notice shall also
either be:
(c)
If the number of property owners to whom notice would be mailed is
more than 1,000, the Director may choose to provide the alternative
notice allowed by State law (Government Code Section 65091(a)(4)).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 96, Ord. 941, eff. November 10, 2023)
(a)
A neighborhood meeting or conceptual review is strongly encouraged
before the scheduled public hearing to identify potential community
impacts and concerns relating to the proposed project.
(b)
The appropriate procedures for the neighborhood meeting shall be
defined by the Director.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 97, Ord. 941, eff. November 10, 2023)
The Director shall investigate all of the pertinent facts relating
to the application in order to provide the written information necessary
for action in compliance with these Zoning Regulations and the General
Plan. The Director shall provide the written report, containing a
recommendation and the required findings, to the Commission.
(§ 3, Ord. 771, eff. February 13, 2004)
(b)
The summary minutes shall be prepared and made part of the permanent
case file.
(c)
Any hearing may be continued:
(1)
If a hearing cannot be completed on the scheduled day, the presiding
review authority member, before the adjournment or recess of the hearing,
may continue the hearing by publicly announcing the date, time and
place to which the hearing will be continued (i.e., a "date certain").
Additional notice for a hearing to a date certain shall not be required.
(2)
If a hearing cannot be completed on the scheduled day, the presiding
review authority member, before the adjournment or recess of the hearing,
may alternatively continue the hearing by publicly announcing the
hearing will be continued to an undetermined date and time (i.e.,
a "date uncertain" or "off calendar"). Additional notice is required
for such a continuance once a new hearing date and time has been determined.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 98, Ord. 941, eff. November 10, 2023)
(a)
The Director shall announce and record the decision at the conclusion
of the scheduled public hearing, if one is required. The decision
shall contain applicable findings and any conditions of approval imposed
by the Director. Following the hearing, a notice of the decision and
any conditions of approval shall be mailed to the applicant at the
address shown upon the application.
(b)
Included within this mailing shall be a City-prepared letter for
the applicant to sign, acknowledging that the applicant is in full
concurrence/understanding with the final conditions of approval. The
applicant shall return the signed acknowledgment within 10 days.
(c)
The decision of the Director shall be final unless appealed to the
Commission.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
The Commission shall announce and record its decision at the conclusion
of the scheduled public hearing. The decision shall contain the action
of the Commission, including all findings, conditions of approval,
and reporting/monitoring requirements deemed necessary to mitigate
any effects and protect the health, safety, and welfare of the City.
(b)
Following the Commission hearing, a notice of the decision and any
conditions of approval shall be mailed to the applicant at the address
shown upon the application.
(c)
Included within this mailing shall be a City-prepared letter for
the applicant to sign, acknowledging that the applicant is in full
concurrence/understanding with the final conditions of approval. The
applicant shall return the signed acknowledgment within 10 days.
(e)
The recommendation with findings of the Commission for the following
applications shall be transmitted to the Council for final action:
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 99, Ord. 941, eff. November 10, 2023)
(a)
The Council shall announce and record its decision at the conclusion
of the scheduled public hearing. The decision shall contain the findings
of the Council and any conditions of approval and reporting/monitoring
requirements deemed necessary to mitigate any effects and protect
the health, safety, and welfare of the City.
(b)
Following the Council hearing, a notice of the decision and any conditions
of approval shall be mailed to the applicant at the address shown
upon the application.
(c)
Included within this mailing shall be a City-prepared letter for
the applicant to sign, acknowledging that the applicant is in full
concurrence/understanding with the final conditions of approval. The
applicant shall return the signed acknowledgment within 10 days.
(d)
The decision of the Council shall be final, unless subjected to further
legal action in compliance with State and Federal law.
(§ 3, Ord. 771, eff. February 13, 2004)
The Department shall mail a copy of the notice of decision and
the adopted resolution, with the applicable findings and conditions,
to the applicant at the address shown on the application within 10
days following the final date of decision.
(§ 3, Ord. 771, eff. February 13, 2004)
The following agreements, amendments, entitlements, permits,
and plans shall become effective in compliance with the following,
subject to the satisfaction of any applicable conditions:
(a)
Home occupation permits, sign permits, temporary use permits and
zoning clearances shall become effective immediately following the
final date of approval by the applicable review authority.
(b)
Design review permits, conditional use permits, minor conditional
use permits, minor variances, planned development permits and variances
shall become effective on the 16th day following the date the decision
is rendered by the applicable review authority.
(c)
General Plan amendments shall become effective immediately following
the final date of approval by the Council.
(d)
Development agreements, Specific Plans (including amendments and
repeals), Zoning Map amendments, and amendments of these Zoning Regulations
shall become effective on the 30th day following the date the decision
is finally rendered by the Council (second reading).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 100, Ord. 941, eff. November 10, 2023)
