Chapter 17.108 — PETITIONS, NOTICES, INVESTIGATIONS AND HEARINGS

• A. The Planning Department shall prescribe the form in which petitions or applications for zone changes, variances or conditional use permits are made. It may prepare and provide blanks for such purposes and may prescribe the type of information to be provided in the application by the petitioner. In cases where the Planning Department staff consider the statements set forth on the application are not complete or within the scope of the particular application, the applicant shall be so informed, whereupon if the application is accepted, it shall be endorsed by the applicant to the effect that he or she was so informed. Acceptance of an application shall not constitute an indication of approval.

• B. Petition or application for a conditional use permit, variance or zone change shall be signed by the person owning the property, or by a representative of the owner with the written consent of the owner, or by any Federal, State, County or local agency or public utility who is or will be in the process of acquiring the premises involved through condemnation procedure.

• (Prior code § 19-25(a))

At the time an application is filed with the City, the applicant shall pay a fee as set by resolution of the City Council.

(Prior code § 19-25(b))

• A. All requests for Conditional Use Permits, or requests for variances, or requests for district or zone changes shall be set for public hearing by the Director.

• B. Notice of the time and place of such hearings shall be published, mailed and posted in the following manner:

  1. By mailing of notice not less than 10 days prior to the date of first hearings to the owners of property within a radius of 300 feet of the exterior boundaries of the subject property using for this purpose the last known name and address of such owners as shown upon the last equalized assessment roll. The list of such owners and their addresses shall be supplied by the applicant and must be verified by the applicant, or his or her agent, as to the correctness of such list. Such notice shall contain the same information or is required in the posted notice. Mailing of notice may be waived by the Planning Department if it determines a) publication may substitute for mailing pursuant to State law and b) such publication will appropriately apprise the public of the issues to be considered, and

  2. By publication or posting of such notice as required by the Government Code , and

  3. By posting in front of the property under consideration not less than 10 days prior to the date of the first of such hearings, a notice.

     • a. Such notice shall be on a white background with black lettering, not less than three feet wide and two feet high, with letters not less than one inch in height, and be constructed of weather resistant material.

     • b. The text of the notice shall be at the sole discretion of the Director and include the words, "NOTICE OF HEARING" and a statement setting forth the description of the property under consideration and the nature of the proposed request, the time and place at which a public hearing will be held on the matter, and a point of contact for further information or to provide comment.

     • c. If the property under consideration fronts on more than one street, the above notice shall be posted on both street fronts. If more than one parcel of property is involved,

then notices shall be posted on each side of the street upon which said property fronts for a distance of not less than 300 feet in each direction from said property.

• d. The above notice shall be provided by the City and the cost thereof, as established by resolution of the City Council, paid to the City by the applicant. The notice shall be posted by the applicant, and the expense thereof shall be borne in full by the applicant.

• (Prior code § 19-25(c))

The City shall cause to be made such investigation of facts bearing upon such application set for hearing, including an analysis of precedent cases, as will serve to provide all necessary information to insure action on each case consistent with the purpose of this title and with previous actions. (Prior code § 19-25(d))

• A. Public hearings shall be conducted before the Planning Commission and/or City Council as provided by law. The Planning Commission may establish its own rules for the conduct of public hearings and the member of the Commission presiding at such hearing is hereby empowered to administer the oath to all persons testifying before it.

• B. Prior to the conduct of any public hearing, the officer presiding at such public hearing shall first ascertain that notice of the time and place of such hearing was published, mailed and posted in accordance with this chapter.

• C. Summary of all pertinent testimony offered at public hearing and the names of persons so testifying shall be recorded and made a part of the permanent file of the case.

• D. If for any reason testimony on any case set for public hearing cannot be completed on the date set for such public hearing, the presiding officer at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which said hearing will be continued, and such announcement shall serve as sufficient notice of such continuance and without recourse to the former public notice as provided in the first instance by this chapter.

(Prior code § 19-25(e))