Division 4 — PUBLIC HEARING PROCEDURES

For the purpose of this article certain requests require public hearings. In such cases those provisions shall be followed.

The following matters shall be considered by the city council only after a public hearing:

A.

General plan and specific plan adoption and amendments;

B.

Change of zones;

C.

Zoning ordinance adoption and amendments;

D.

Development agreements;

E.

Appeals of planning commission decisions on conditional use permits, variances and any other permits that required a public hearing before the planning commission.

The following matters shall be considered by the planning commission only after a public hearing:

A.

General plan and specific plan adoption and amendments;

B.

Change of zones;

C.

Zoning ordinance adoption and amendments;

D.

Conditional use permits;

E.

Variances;

F.

Mobile home permits;

G.

Low and moderate income housing permits;

H.

Development agreements;

I.

Sign programs;

J.

Appeals from the decision of the director that required a public hearing before the director.

(Ord. No. 11-388, § 57, 12-14-2011; Ord. No. 23-472, § 18, 5-22-2024)

9804.3. - Zoning administrator public hearings.

A.

The following matters shall be considered by the director after a public hearing:

Minor conditional use permits for wireless telecommunications facilities and/or wireless telecommunications collocation facilities.

2.

Amendments to minor conditional use permits for wireless telecommunications facilities and/or wireless telecommunications collocation facilities.

B.

The director shall make the same findings required for a conditional use permit before approving or amending a minor conditional use permit. The procedures set forth in division 3 of part 3 of chapter 6 of this article applicable to conditional use permits shall apply to minor conditional use permits, except that where the planning commission is authorized to perform certain acts, the provision shall instead be read to authorize the director to perform those acts, and where the city council is authorized to perform certain acts, the provision shall be read to authorize the planning commission to perform those acts; provided, however, that any appeal of the director's decision decided by the planning commission may be appealed to the city council within the prescribed fifteen-day period. Furthermore, any hearing on a proposed revocation shall be before the planning commission and appealable to the city council.

(Ord. No. 03-320, § 18, 5-28-2003; Ord. No. 11-387, § 9, 8-24-2011; Ord. No. 23-472, § 18, 5-22-2024)

9804.4. - Hearing time and notice.

A.

The director of community development shall set the time and place of public hearings required by this article to be held by the planning commission and director. Either may, however, change the time or place of a hearing if necessary.

B.

The city clerk shall set the time and place of public hearings required by this article to be held by the city council; provided, that the council may change the time or place of a hearing.

C.

General plan and specific plan amendments not related to a specific parcel and zoning code amendments shall only be noticed not less than ten (10) days prior to any public hearing in a local newspaper. Amendments related to specific parcel shall be treated the same as a change of zone for the purpose of noticing.

D.

[For] all other requests requiring a public hearing, [notice] shall be given by the city not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing in at least three (3) public places within the city, including the location of the subject property. Notices shall be given by publication in a newspaper circulated in the city, and by mailing notices to the owner of the subject real property, the project applicant, all affected public agencies, known official homeowners' associations' representatives in the city, and any

individual who has requested notice in writing. Notice shall also be given for all public hearing requests, except modification requests, to all persons whose names appear on the latest equalized assessment roll of Los Angeles County as owning property within seven hundred fifty (750) feet of the exterior boundaries of the property that is the subject of the hearing. Notices of requests for modifications shall be given to all persons whose names appear on the latest equalized assessment roll of Los Angeles County as owning property within three hundred (300) feet of the exterior boundaries of the property that is the subject of the hearing. Hearings may be continued from time to time even though the continued hearing may extend beyond the time limits described in this section.

Notices for all site plan/architectural review requests that are reviewed by the planning commission and/or city council, and requests for single-family residences reviewed by the director of planning and community development, shall be given by the city not less than ten (10) days, nor more than thirty (30) days, prior to the date of the hearing, in at least three (3) public places within the city, including the location of the subject property. Notices shall be given to the owner of the subject real property, the project applicant, all affected public agencies, known official homeowners' associations' representatives in the city, and any individual who has requested notice in writing. Notice shall also be given to all persons whose names appear on the latest equalized assessment roll of Los Angeles County as owning property within seven hundred fifty (750) feet of the subject real property.

E.

The city shall be responsible for the posting of public hearing signs subject to the following requirements:

1.

Size of sign face:

a.

Developed residential property: Three (3) feet in length; three (3) feet in height; nine (9) square feet in sign area. The director of planning and community development may require a larger sign if it is determined necessary for the purpose of this section.

b.

Other property: Eight (8) feet in length; four (4) feet in height; thirty-two (32) square feet in sign area.

2.

Height shall be six (6) feet, measured from ground level to the top of the sign.

3.

Location: On the subject parcel, not less than ten (10) feet from the property line along the main street frontage in an area most visible to the public.

4.

One (1) sign per project site.

Said sign shall not be illuminated.

6.

Signs shall be erected a minimum of ten (10) days prior to the scheduled public hearing on the proposed development.

7.

Sign shall include only the following factual information:

a.

Appropriate heading (Example: Notice of public hearing on proposed development).

b.

Appropriate content as to type of project, number of units, etc. (Example: Proposed on this site: Sixty-two (62) townhouses) Subjective descriptive wording is not allowed.

c.

Adequate space to note public hearing date, time and location.

d.

Adequate space to note applicant and city hall phone numbers.

8.

Dates shall be changed from planning commission items continuing on to the city council. Said date shall be changed a minimum of ten (10) days prior to the scheduled public hearing on the proposed development.

9.

Failure to properly post a public hearing sign shall result in continuance of the scheduled public hearing.

10.

Public hearing signs shall be removed from the subject property within seven (7) days from the date of final action.

(Ord. No. 127, §§ 2, 3, 6-24-87; Ord. No. 93-242, § 5, 11-10-93; Ord. No. 09-358, § 11, 1-18-2009)

9804.5. - Appeal of decision of planning commission or zoning administrator.

Where this article provides for an appeal to the city council or planning commission, the appeal shall be made within fifteen (15) days of the date of the decision by filing an application of appeal with the director.

The appeal shall state writing the reasons for the appeal. Within fifteen (15) days of receipt of the appeal, the director shall transmit to the city clerk the application of appeal, and copies of the application and all other papers and documents constituting the record upon which the planning commission, zoning administrator or director made their decision.

An appeal shall be accompanied by a fee established by resolution of the city council to cover the cost or processing the appeal. An appeal by the city council or planning commission shall not be subject to the payment of a fee.

The city council or planning commission shall hold at least one (1) public hearing on a decision which has been appealed, other than a modification decision which the city council may consider without holding a public hearing, within forty (40) days of the appeal, and the time and place of the hearing shall be set by notice as prescribed in section 9804.4. The council or commission may affirm, reverse, or modify a decision which has been appealed. The decision of the city council shall be final.

The applicant, the planning commission, the city council, or any interested person may appeal a decision made by the zoning administrator, or planning commission.

Once an appeal to the city council or planning commission has been filed by any person pursuant to this article, such appeal may not be withdrawn.

(Ord. No. 04-322, § 1, 7-14-2004)