This chapter provides procedures for public notices and public hearings required by this Development Code. 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.
(Ord. 24-13, 10/1/2024)
When this Development Code requires the Director provide a public notice before a decision on permits, such as a minor use permit or minor variance, but a public hearing is not required, the Director shall provide public notices in conformation with this section.
A. 
Content of notice. Public Notice shall include all of the following information, as applicable.
1. 
Decision information. The name of the review authority; the phone number and street address of the Department where an interested person could call or visit to obtain additional information; and the date by which the review authority may render a decision. The review authority may render a decision on, or after, the posted date.
2. 
Method of providing comments. The notice shall provide the method and date by which a member of the public may provide written comments for consideration before a decision is rendered.
3. 
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 or by diagram, of the location of the property that is the subject of the hearing.
4. 
Statement on environmental document. If a proposed Environmental Document or Determination has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, the notice shall include a statement that the review authority will also consider approval of said Environmental Document or Determination.
5. 
Statement regarding challenges of City actions. A notice substantially stating all of the following: "If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the (public entity conducting the hearing) at, or before, the decision date."
B. 
Method of notice distribution. Public Notices required by this section shall be given as follows.
1. 
Mailing. Notice shall be mailed or delivered at least 10 days before the decision date to the following:
a. 
Project site owners, agent(s), and applicant. The owners of the property being considered in the application, the owners' agent(s), and the applicant, in addition to the owner(s) of the mineral rights for maps in compliance with Government Code Section 65091(a)(2);
b. 
Local agencies. Any local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application;
c. 
Affected owners. All owners of real property as shown on the latest equalized assessment roll, located within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the hearing [or other distance as required by the specific permit or action being taken (i.e. 1,000 foot for variances related to alcohol sales)]; and any other person whose property might, in the judgment of the Director, be affected by the proposed project; and
d. 
Persons requesting notice. Any persons who has filed a written request for notice with the Director or City Clerk.
2. 
Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection B.1, above is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).
3. 
Publication. In addition to the notice required by Subsection B.1 or 2, above, notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing.
4. 
Additional notice. In addition to the types of notice required above, the Director may require any additional notice with content or using a distribution method (e.g., posting on the City's website) as the Director determines is necessary or desirable.
C. 
Environmental Approvals. When the Director takes action on a negative declaration, mitigated negative declaration, or environmental impact report, as permitted, the Director shall provide notices in compliance with this section.
(Ord. 24-13, 10/1/2024)
When this Development Code requires a public hearing before a decision on a permit, or for another matter, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090 through 65096, and Public Resources Code 21000 et seq., and as required by this chapter.
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 review authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public's right to appear and be heard); and the phone number and street address of the 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 or by diagram, of the location of the property that is the subject of the hearing.
3. 
Statement on environmental document. If a proposed Environmental Document or Determination has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider approval (or recommendation of adoption/approval for an application requiring Council action) of the proposed Environmental Document or Determination.
4. 
Statement regarding challenges of City actions. A notice substantially stating all of the following: "If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or before, the public hearing" in compliance with Government Code Section 65009(b)(2).
5. 
Statement regarding Commission's recommendations. For Council items that involve a recommendation from the Commission (e.g., legislative acts) the notice shall contain the Commission's recommendations.
B. 
Method of notice distribution. Notice of a public hearing required by this chapter shall be given as follows, as required by Government Code Sections 65090 and 65091.
1. 
Mailing. Notice shall be mailed, e-mailed (if available), or delivered at least 10 days before the scheduled hearing to the following:
a. 
Project site owners, agent(s), and applicant. The owners of the property being considered in the application, the owners' agent(s), and the applicant, in addition to the owner(s) of the mineral rights for maps in compliance with Government Code Section 65091(a)(2);
b. 
Local agencies. Any local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application;
c. 
Affected owners. All owners of real property as shown on the latest equalized assessment roll, located within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the hearing [or other distance as required by the specific permit or action being taken (i.e., 1,000 feet for variances related to alcohol sales)]; and any other person whose property might, in the judgment of the Director, be affected by the proposed project; and
d. 
Persons requesting notice. Any persons, including any California Native American tribe who is on the contact list of the Native American Heritage Commission in compliance with Government Code Section 65092, who has filed a written request for notice with the Director or City Clerk and has paid the required fee for the notice.
2. 
Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection B.1, above is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).
3. 
Publication. In addition to the notice required by Subsection B.1 or 2, above, notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing.
4. 
Additional notice. In addition to the types of notice required above, the Director may require any additional notice with content or using a distribution method (e.g., posting on the City's web site) as the Director determines is necessary or desirable.
(Ord. 24-13, 10/1/2024)
A. 
Time and place of hearing. A hearing shall be held at the date, time, and place for which notice was given.
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. 
Deferral of final decision.
1. 
The review authority may announce a tentative decision, and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.
2. 
The date of the final action shall be as described in the motion, ordinance, or resolution that incorporates the findings and/or conditions.
D. 
Formal rules of evidence or procedure not applicable. Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to this Development Code, except as otherwise required by the Municipal Code, in compliance with Government Code Section 65010.
(Ord. 24-13, 10/1/2024)
A. 
Recommendation and findings to the Council. After a public hearing on a proposed amendment to this Development Code, the General Plan, the Zoning Map, a development agreement, or a specific plan, the recommendation and findings of the Commission shall be forwarded to the Council.
B. 
Recommendation included in notice. The recommendation shall be included in the required notice of the Council's public hearing.
(Ord. 24-13, 10/1/2024)
A. 
Decisions by the Commission or Council.
1. 
The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 17.710.040 (Hearing Procedure), above.
2. 
Unless otherwise required by law (i.e., votes by the Commission on a General Plan amendment in compliance with Government Code Section 65354), a majority of those entitled to vote or majority of quorum shall be required for any formal action by the applicable review authority.
3. 
Tie votes of the review authority for matters that legally require findings shall result in no action by the review authority.
4. 
All decisions shall be in writing and, if required by law, shall contain written findings.
B. 
Notice of decision.
1. 
Provision of notice. Following the decision on an application for a permit or other approval required by this Development Code, the City shall provide notice of its action to the applicant and to any person who specifically requested notice of the City's action.
2. 
Contents of notice. The notice of the final decision shall contain the action, conditions of approval, reporting/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, as applicable.
3. 
Delivery of notice.
a. 
The notice of the decision shall be delivered by first class, postage prepaid mail or electronic mail to:
i. 
The applicant.
ii. 
The appellant, as applicable.
iii. 
Any person requesting notification of the decision.
C. 
Notifying County Assessor. Whenever a Zoning Map amendment, conditional use permit, minor use permit, minor variance, or variance is granted with respect to any property, the City shall, within 30 days, notify the County Assessor of the action in compliance with Government Code Section 65863.5.
(Ord. 24-13, 10/1/2024)
A. 
Director's or Commission's decision. The decision of the Director or Commission is final and effective after 5:00 p.m. on the 10th day following the actual date the decision is rendered if no appeal of that decision has been filed in compliance with Chapter 17.715 (Appeals).
B. 
Council's decision.
1. 
Adopted by ordinance. A decision of the Council adopted by ordinance is final and shall become effective on the 31st day following the date the ordinance is adopted by the Council, unless otherwise provided in the adopting ordinance. For example, an ordinance adopted on October 1st will actually be effective on November 1st.
2. 
Adopted by resolution. A decision of the Council adopted by resolution is final and shall be effective on the date the decision is rendered, unless otherwise provided in the adopting resolution.
3. 
Contingent on future date or event. The Council may take a final action and make it contingent on a future date or event.
(Ord. 24-13, 10/1/2024)