§ 17.78

This chapter provides procedures for public hearings before the commission and council as required by this development code. Public notice shall be given and the hearing shall be conducted as provided by this chapter, and applicable provisions of state law.

(Ord. No. 2010-265, § 3, 1-27-2010)

The public shall be provided notice of hearings in compliance with state law (the Planning and Zoning Law, Government Code Sections 65000 et seq., Subdivision Map Act, Government Code Sections 66410 et seq., and the California Environmental Quality Act, Public Resources Code 21000 et seq.).

A.

Content of Notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of hearing body; a general explanation of the matter to be considered; a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. If a proposed negative declaration or final environmental impact report has been prepared for the project pursuant to the Calabasas CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed negative declaration or certification of the final environmental impact report (EIR).

B.

Method of Notice Distribution. Notice of a public hearing required by this chapter for a permit, permit amendment, appeal, or zoning ordinance amendment shall be given as follows, as required by Government Code Sections 65090 and 65091:

1.

Notice shall be published at least once in a newspaper of general circulation in the city at least ten (10) days before the hearing.

2.

Notice shall be mailed or delivered at least ten (10) days before the hearing to:

a.

The owner(s) of the property being considered or the owners agent, and the applicant;

b.

Each local agency expected to provide water, schools or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

c.

All owners of real property as shown on the latest equalized assessment roll within five hundred (500) feet of the property that is the subject of the hearing;

d.

Any person whose property might, in the judgment of the director, be affected by the proposed project; and

e.

Any person who has filed a written request for notice with the director and has paid the fee set by the most current city fee resolution for the notice.

If the number of property owners to whom notice would be mailed is more than one thousand (1,000), the director may choose to provide the alternate notice allowed by Government Code Section 65091(a)(3).

3.

Notice shall be posted in at least three places in compliance with council resolution.

C.

Additional Notice. If the director determines that the notice required by subsection (B) of this section will not be sufficient, the subject property shall be posted in a conspicuous place with a notice/sign of conspicuous size, at least ten (10) days prior to the hearing. The director may also provide any additional notice that the director determines is necessary or desirable.

D.

Additional Notice in Old Topanga and Calabasas Highlands Overlay Districts. In addition to the notice required for a public hearing by this chapter, the proposed site shall be posted with a notice, designed, prepared, and placed as required by the department at least ten (10) days prior to a hearing.

(Ord. No. 2010-265, § 3, 1-27-2010)

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and a department staff report, the matter shall be scheduled for public hearing on the next available commission or council agenda (as applicable) reserved for such matters, but no sooner than twenty-one (21) days after the posting of a proposed negative declaration.

(Ord. No. 2010-265, § 3, 1-27-2010)

Hearings shall be held at the date, time and place for which notice has been given as required in this chapter. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time and place to which the hearing will be continued.

(Ord. No. 2010-265, § 3, 1-27-2010)

The director shall announce and record the decision at the conclusion of a scheduled hearing. The decision shall contain applicable findings and any conditions of approval. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

(Ord. No. 2010-265, § 3, 1-27-2010)

The commission may announce and record the decision at the conclusion of a scheduled hearing; or defer action and take specified items under advisement and announce and record the decision at a later date. The decision shall contain applicable

findings and any conditions of approval. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

(Ord. No. 2010-265, § 3, 1-27-2010)

At the conclusion of any public hearing on a matter which requires final approval by the council, the commission shall forward a recommendation, including all required findings, to the council for final action. Following the hearing, a notice of the commission's recommendation shall be mailed to the applicant at the address shown on the application.

(Ord. No. 2010-265, § 3, 1-27-2010)

For applications requiring council approval, the council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the council and any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the city. The decision of the council shall be final.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.80 - ENFORCEMENT OF DEVELOPMENT CODE PROVISIONS