§ 12.12

The City Council, Planning Commission and the City Engineer shall hold public hearings as required by state law, the zoning regulations, and this title.

The Planning Commission shall hold a public hearing on each tentative subdivision map, and each vesting tentative subdivision map, and the City Engineer shall hold a public hearing on each tentative parcel map. If a decision which required a public hearing is appealed, the consideration of the appeal shall also be at a public hearing.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-3.104)

12.12.050 - Public hearings—Notice.

Unless otherwise specified in this title, notice of a public hearing shall be given as set forth in this section.

(a)

When. Notice shall be given at least ten (10) days before the hearing.

(b)

Contents. The notice shall include the date, time and place of the hearing, the identity of the hearing officer or body, a general explanation of the matter to be considered, and a general description by text or diagram of the location of the property. The notice shall also include the following: "If you challenge 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 (City Engineer, Planning Commission or City Council) at, or prior to, the public hearing."

(c)

Manner. Notice shall be given in the manner required by Government Code Section 65090 and Section 65091 which is summarized as follows.

(1)

Publication once in a newspaper of general circulation;

(2)

Mailing or delivery to the property owner and project applicant;

(3)

Mailing or delivery to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project; and

(4)

Mailing or delivery to all owners of real property within 300 feet of the property. If the number of owners exceeds 1,000, the City may instead publish notice of at least one-eighth page in a newspaper of general circulation.

In addition, the City may give notice in any other manner it deems necessary or desirable.

If the proposed project is a conversion of residential real property to a condominium, community apartment, or stock cooperative, notice shall be given to each tenant of the property.

(d)

Continued hearings. A public hearing may be continued from time to time and, if continued to a specific date, time and place, no new notice is required.

(e)

Appeal or request for modification. If a decision under this title is appealed or if a subdivider requests a change in a condition of approval either before or after a final subdivision or parcel map is filed, notice of the appeal or request shall be given in the manner described in this section.

(f)

Staff reports. A report of recommendation on a tentative map by the Department or City Engineer shall be in writing and provided to the subdivider and to each tenant in the case of a proposed condominium, community apartment project or stock cooperative, at least three (3) days before any hearing or action.

(g)

Costs. The subdivider is responsible for the costs incurred in giving proper notice.

(h)

Substantial compliance sufficient. Substantial compliance with these notice requirements is sufficient. A technical failure to comply shall not affect the validity of any action taken according to the procedures in this title.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-3.105)

A decision by the City Engineer or the Community Development Director under this title may be appealed to the Planning Commission. A decision by the Planning Commission under this title may be appealed to the City Council.

The subdivider or other person may file an appeal of a decision of the City Engineer, Community Development Department, or any other City administration official to the Planning Commission by filing with the Secretary of the Planning Commission on a form prescribed by the City within ten (10) days after the action is taken. The subdivider or other person may file an appeal of a decision of the Planning Commission to the City Council by filing with the City Clerk on a form prescribed by the City within ten (10) days after the action is taken.

The hearing on the appeal shall be held by the Planning Commission or the City Council, whichever has jurisdiction, within thirty (30) days of the filing of the notice of appeal, and notice of the hearing shall be given as prescribed in Section 12.12.050.

The appeal body may add, modify or delete a discretionary condition of approval, but shall not modify a non-discretionary condition required by the Municipal Code, general or specific plan, or a public utilities master plan.

The appeal body shall make its decision on the appeal in writing within ten (10) days after the hearing is concluded.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-3.106)

12.12.070 - Fees and deposits.

An applicant requesting any service from the City under this title shall pay all processing fees and deposits established by resolution of the City Council. The fees may not exceed the amount reasonably required to administer this title.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-3.107)

12.12.080 - Time limit extensions.

The time limits specified in this title and the Subdivision Map Act for reporting and acting on maps may be extended by mutual consent of the subdivider and the person or body required to act. The City may require a waiver of time limits only as necessary to permit concurrent processing of related approvals or an environmental impact report on the same project consistent with the Permit Streamlining Act (Government Code Section 65920 and following).

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-3.108)

12.12.090 - Review by other agencies.

(a)

Agency within three (3) miles. A local agency within three (3) miles of a proposed subdivision may make recommendations to the City regarding a tentative map if it does so within twenty (20) days after the notice and map are mailed by the City. A local agency which desires to make such recommendations shall file with the City a written request and map indicating the territory in which it wishes to make such recommendations. (Reference: Gov. Code Sections 66453, 66455.1)

(b)

State Department of Transportation. The State Department of Transportation may make recommendations regarding a tentative map if the proposed subdivision is within one mile of a state highway routing if the recommendations are submitted to the City within twenty (20) days after the notice and map were mailed by the City. (Reference: Gov. Code Sections 66413.7, 66455)

(c)

School districts. Within ten (10) days after the application for a tentative map is accepted as complete, the department shall send a notice of the filing to the governing board of any affected school district. The notice shall contain information about the location, number of units, density, and other relevant information. Within twenty (20) working days after the notice was mailed, the Board may submit to the City a report and recommendation regarding the proposed subdivision and its impact on the school district. Failure of the school district to respond within the twenty (20) working day period is considered a recommendation for approval. (Reference: Gov. Code Section 66455.7)

If the proposal shows an area for a public school site, the City shall notify the State Department of Education. (Reference: Gov. Code Section 66413.7)

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-3.109)

Chapter 12.16 - TENTATIVE SUBDIVISION MAPS

Sections: