§ 9108.13

This Section provides procedures for 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 Section.

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, 65091, 65094, 65096, and 66451.3, and Public Resources Code 21000 et seq., and as required by this Section.

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 date of filing and 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 Negative Declaration, Mitigated Negative Declaration, final Environmental Impact Report, or statement of exemption from the requirements of CEQA 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 Negative Declaration, Mitigated Negative Declaration, certification of the final Environmental Impact Report, or statement of exemption.

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 Section, and any other type of notice specified in Division 7 (Permit Processing Procedures), shall be given as follows, as required by Government Code Sections 65090 and 65091.

1.

Mailing. Notice shall be mailed or delivered not less than 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. Each 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, whose ability to provide those facilities and services may be significantly affected;

c.

Affected owners. All owners of real property as shown on the latest assessment rolls of the City or of the County, located within a radius of 300 feet, or a different radius as specified in the actual permit requirements of Division 7 (Permit Processing Procedures), of the exterior boundaries of the parcel that is the subject of the hearing; 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 person 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 Subparagraph 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.

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.

After the completion of any environmental document required by the California Environmental Quality Act (CEQA), the City's CEQA Guidelines, and a Department staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (ARB, Director, Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.

Exception: A staff report shall not be required prior to scheduling a public hearing for applications requiring a public hearing under Section 9107.10 (Design Review: Homeowners Association Areas).

(Ord. No. 2363, § 4(Exh. A), 11-5-19)

9108.13.040 - Hearing Procedures.

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.

Summary Information. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case.

E.

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 City Charter or the Municipal Code, in compliance with Government Code Section 65010.

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 and Findings to the Applicant. The recommendation and findings shall be mailed to the applicant at the address shown on the application.

C.

Recommendation Included in Notice. The recommendation shall be included in the required notice of the Council's public hearing.

9108.13.060 - Decision and Notice.

A.

Decision.

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 Subsection 9108.13.040 (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 vote shall be required for any formal action by the applicable Review Authority.

3.

Tie votes of the Review Authority for all matters that legally require the adoption of an ordinance, a resolution, or findings shall result in no action by the Review Authority. The motion shall fail to pass and the matter shall terminate any further action by the City until a majority vote of the quorum is achieved.

4.

Within 35 days following the conclusion of a public hearing upon any matter, the Commission shall render its decision by formal resolution reciting the findings upon which the decision is based. The failure of the Commission to render a decision within the time specified shall cause the entire matter automatically to be referred to the Council without recommendation for action as it deems warranted under the circumstances. In this event, the Secretary of the Commission shall immediately deliver to the Council all of the records in the matter.

5.

At the conclusion of a hearing conducted by the Director, the Director may instead refer the matter to the Commission for review and final decision.

6.

All decisions shall be in writing and, if required by law, shall contain the written findings upon which the decision is based.

7.

The decision of the Council on any matter shall be final and conclusive.

B.

Notice of Decision: Design Review: Homeowners Association Areas

1.

Provision of Notice. Within 10 days following the final decision on a Regular Review application by the ARB in compliance with Subsection 9107.10.030 (Authority), for approval required by this Development Code, the ARB shall provide notice of its final action to the applicant, the Development Services Department, and to any person who specifically requested notice of the ARB's final action.

2.

Contents of Notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, and general welfare of the City, and the procedure for appeal.

3.

Delivery of Notice. The notice of the final decision shall be delivered by first class mail.

C.

Notice of Decision.

1.

Provision of Notice. Within 10 days following the final decision on an application for a permit or other approval required by this Development Code, the City 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/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, and general welfare of the City, and the procedure for appeal.

3.

Delivery of Notice. The notice of the final decision shall be delivered by first class mail.

(Ord. No. 2347, § 4(Exh. B), 6-6-17; Ord. No. 2363, § 4(Exh. A), 11-5-19)

9108.13.070 - Effective Date of Decision.

A.

ARB Chairperson, ARB, Director's or Commission's Decision. The decision of the ARB Chairperson, ARB, Director or Commission is final and effective after the end of the business day on the 10[th ] day following the actual date the final decision is rendered if no appeal of that decision has been filed in compliance with Section 9108.03 (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 31[st ] day following the date the ordinance is actually adopted by the Council, unless otherwise provided in the adopting ordinance. For example, an ordinance adopted on October 1[st ] will actually be effective on November 1[st ] .

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.

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. No. 2363, § 4(Exh. A), 11-5-19)

Section 9108.15 - Enforcement

9108.15.010 - Purpose and Intent.

This Section establishes provisions that are intended to ensure compliance with the requirements of this Development Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.