Chapter 17.148 — PUBLIC NOTICE AND HEARINGS — Capitola Zoning Code

Sections:

17.148.010 Purpose.

17.148.020 Notice of hearing.

17.148.030 Notice of pending action for minor use permits and minor design permits. 17.148.040 Notice for wireless communications facility applications. 17.148.050 Scheduling of hearing.

17.148.060 Hearing procedure.

17.148.070 Recommendations.

17.148.080 Decision and notice.

17.148.010 Purpose. ¶

This chapter establishes procedures for public notices and hearings required by the zoning code. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.020 Notice of hearing. ¶

When the zoning code requires a noticed public hearing, the city shall provide notice of the hearing as required by this section and by the California Government Code.

A. Content of Notice. Notice of a public hearing shall include all of the following information, as applicable:

Hearing Information. The date, time, and place of the hearing; the name of the hearing body; and the phone number, email address, and street address of the community development department where an interested person could call or visit to obtain additional information.
Project Information. The name of the applicant, the city’s file number assigned to the application, a general explanation of the matter to be considered, a general description of the location of the subject property, and any recommendation from a prior hearing body.
Statement on Environmental Document. A statement that the proposed project is determined to be exempt from the California Environmental Quality Act (CEQA), or that a negative declaration, mitigated negative declaration, or environmental impact report has been prepared for the project. The hearing notice shall state that the hearing body will consider approval of the CEQA determination or document prepared for the proposed project.
Zoning Map Amendments (Rezoning). Public notices posted on site for proposed zoning map amendments (rezoning) shall consist of the words “Notice of Proposed Change of Zone” printed in plain type with letters not less than one inch in height.

B. Method of Notice Distribution. Notice of a public hearing required by the zoning code shall be given at least ten calendar days before the hearing date in compliance with subsections (B)(1) through (5) of this section and as summarized in Table 17.148-1.

Table 17.148-1: Method of Notice Distribution

Type of Permit or Approval Hearing	Mailed Notice	Printed Notice Posted at Site	Notice Published in Newspaper
Conceptual Review
Design Permit and Appeal Major Revocable Encroachment Permit and Appeal Minor Modification and Appeal Minor Design Permit Appeal Minor Use Permit Appeal Removal of Structure from Designated Historic Structure List Sign Permit and Appeal Historic Alteration Permit Historic Resource Demolition Permit Tenant Use Permit Appeal	Yes 300-foot radius for adjacent property owners	Yes	No
Development Agreement Variance and Appeal Conditional Use Permit and Appeal Master Use Permit, Amendment, and Appeal Condominium Conversion and Appeal Subdivision and Appeal Development Plans(PD Zones)	Yes 300-foot radius for adjacent property owners	Yes	Yes
Zoning Code and Map Amendment General Plan Amendment Coastal Land Use Plan Amendment	Determined by type of proposed amendment. See California Government Code.	Determined by type of proposed amendment. See California Government Code. [1]	Yes
Type of Permit or Approval Hearing	Type of Permit or Approval Hearing	Mailed Notice	Mailed Notice
---	---	---	---
Coastal Appeal	Development Permit and	Yes 100-foot radius for adjacent property owners
Notice of Administrative Review for Minor Design Permit and Minor Use Permit		Yes 100-foot radius
Wireless Communications Facility Permits and Approvals		See Chapter Facilities)	17.104 (Wireless Communications

Notes:

[1] See Section 17.148.020(A)(4) for zoning map amendment notice font size requirement.

Newspaper Publication. Where required by Table 17.148-1, notice shall be published in at least one newspaper of general circulation at least ten calendar days before the hearing.
Mailing. Where required by Table 17.148-1, notice shall be mailed at least ten calendar days before the scheduled hearing to the following recipients:

a. Project Site Owners and the Applicant. The owners of the subject property or the owner’s authorized agent, and the applicant.

b. Adjacent Property Owners. For all hearings before the planning commission and appeals thereof with the exception of solely coastal development permits, the owners of the real property located within a radius of three hundred feet from the exterior boundaries of the subject property.

c. California Coastal Commission. For applications including a coastal development permit, a notice shall be mailed to the California Coastal Commission Central Coast office. d. Local Agencies. Each local agency expected to provide roads, schools, sewerage, streets, water, or other essential facilities or services to the subject property, whose ability to provide those facilities and services may be significantly affected.

ssion. For applications including a coastal development permit, a notice shall be mailed to the California Coastal Commission Central Coast office. d. Local Agencies. Each local agency expected to provide roads, schools, sewerage, streets, water, or other essential facilities or services to the subject property, whose ability to provide those facilities and services may be significantly affected.

e. Persons Requesting Notice. Any person who has filed a written request for notice with the community development department.

f. Blind, Aged, and Disabled Communities. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures shall incorporate the blind, aged, and disabled communities in order to facilitate their participation.

g. Other Persons. Any other person whose property, in the judgment of the community development department, might be affected by the proposed project.

Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (B)(2) of this section is more than one thousand, the community development department may choose to provide notice by placing a display advertisement of at least one-eighth page in one or more local newspapers of general circulation at least ten days prior to the hearing.
Posting. A printed notice shall be posted at the project site at least ten calendar days prior to the hearing.
Additional Notice. In addition to the types of notice required above, the community development department may provide additional notice as determined necessary or desirable.
Failure to Receive Notice. The validity of the hearing shall not be affected by the failure of any resident, property owner, or community member to receive a mailed notice. (Ord. 1066 § 2 (Att. 1), 2024; Ord. 1043 § 2 (Att. 2), 2020)

17.148.030 Notice of pending action for minor use permits and minor design permits. ¶

A. For minor use permit and administrative design review applications, public notice of a pending action shall be mailed to the owners of the real property located within a radius of one hundred feet from the exterior boundaries of the subject property at least ten calendar days prior to the city taking action on the application.

B. In addition to information required by Section 17.148.020(A), the notice of a pending action shall state that the city is considering the application and that the community development director will hold a public hearing for the application only if a member of the public submits to the city a written request for a hearing within ten calendar days of the notice being sent.

C. If the city receives a request for a public hearing within ten calendar days of the notice being sent, the community development director shall hold a noticed public hearing on the application consistent with this chapter. Public notice of the requested public hearing will be mailed to the owners of real property located within a radius of one hundred feet from the exterior boundaries of the subject property.

D. If no request for a public hearing is received by the specified date, the community development director shall act on the application without a public hearing. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.040 Notice for wireless communications facility applications. ¶

Public notice for wireless communications facility applications shall be given in accordance with Section 17.104.040(H) (Public Notice and Hearing). (Ord. 1043 § 2 (Att. 2), 2020)

17.148.050 Scheduling of hearing. ¶

After the completion of any environmental document required by the California Environmental Quality Act (CEQA), and a community development department staff report, a matter requiring a public hearing shall be scheduled on the next available agenda reserved for public hearings, but no sooner than any minimum time period established by state law. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.060 Hearing procedure. ¶

A. General. Hearings shall be conducted in a manner consistent with the procedures adopted or endorsed by the hearing body and consistent with the open meeting requirements of the Ralph M. Brown Act.

B. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given, unless the required quorum of hearing body members is not present.

C. Continued Hearing. Any hearing may be continued without further public 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.

D. Motion of Intent. The hearing body may announce a tentative decision, and defer action on a final decision until appropriate findings and conditions of approval have been prepared. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.070 Recommendations. ¶

After a public hearing resulting in a recommendation to another hearing body, the recommendation shall be forwarded to the other hearing body. A copy of the staff report to the other hearing body with the recommendation shall be provided to applicant. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.080 Decision and notice. ¶

A. Date of Action. The hearing body shall take action on the matter being considered following the close of the public hearing. The hearing body shall also take action on projects within the following time frame as required by the California Environment Quality Act (CEQA):

Within sixty days of the date a negative declaration or mitigated negative declaration has been adopted for project approval, the city shall take action on the accompanying discretionary project.
Within one hundred eighty days from the date the decision-making authority certifies a final environmental impact report (EIR), the city shall take action on the accompanying discretionary project.

B. Decision.

The hearing body may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or make a motion of intent and continue the matter to a later meeting agenda.
At the conclusion of a hearing conducted by the community development director, the community development director may choose to refer the matter to the planning commission for review and final decision. Referral to the planning commission may be chosen in cases of unusual public sensitivity, controversy, or complexity relating to the requested approval.

C. Notice of Decision.

If the review authority denies a permit, notice shall be mailed to the applicant and property owner the next day and shall include procedures for appeal, if applicable.
Following a final decision granting a permit and conclusion of the appeal period as described in Chapter 17.152, the community development department shall provide notice of the final action to the applicant and to any person who specifically requested notice of the final action.

a. Notice of an approved final action shall contain applicable findings, conditions of approval, reporting and monitoring requirements, and the expiration date of the permit.

b. Notice of final actions that include a coastal development permit that may be appealed to the California Coastal Commission will include notice that they are subject to an additional ten-working-day appeal period. (Ord. 1043 § 2 (Att. 2), 2020) Home Previous Next

Home Previous Next Chapter 17.152 APPEALS

Sections:

17.152.010 Purpose. 17.152.020 Appeal subjects and jurisdiction. 17.152.030 Filing and processing of appeals. 17.152.040 Judicial review.

17.152.010 Purpose. ¶

This chapter establishes procedures for the appeal and call for review of actions and decisions made by the planning commission and the community development director.This chapter supplements general	This chapter establishes procedures for the appeal and call for review of actions and decisions made by the planning commission and the community development director.This chapter supplements general	This chapter establishes procedures for the appeal and call for review of actions and decisions made by the planning commission and the community development director.This chapter supplements general	This chapter establishes procedures for the appeal and call for review of actions and decisions made by the planning commission and the community development director.This chapter supplements general
procedures for appeals to the city council in Chapter 2.52 (Appeals to City Council). In the case of any conflict between this chapter and Chapter 2.52,this chapter governs. (Ord.			1043 § 2 (Att. 2), 2020)
17.152.020 Appeal subjects and jurisdiction.
A. Community Development Director Decisions. Any decision of the community development director may be appealed to the planning commission.
B. Planning Commission Decisions. Any decision of the planning commission may be appealed to the city council.
C. Coastal Development Permits. Appeal procedures for coastal development permits shall be as specified in Section 17.44.150 (Appeals). (Ord.	1043 § 2 (Att. 2),	2020)
17.152.030 Filing and processing of appeals.
A. Eligibility. Any person may submit an appeal of a decision by the community development director and the planning commission.
B. Timing of Appeal. An appeal shall be filed within ten calendar days following the date the decision was rendered, unless a longer appeal period is specified as part of the project approval. In the event the
completion of the appeal period falls on a weekend or holiday, the decision shall become effective after five p.m. on the first business day following the completion of the appeal period.
C. Form of Appeal.
1. An appeal shall be submitted in writing on an official city application form together with all required application fees.
2. The appeal application shall state the pertinent facts and the basis for the appeal.
3. The whole decision or part of the decision may be appealed. If an appellant chooses, an appeal may be taken solely from any finding, action, or condition.
D. Effect of Appeal. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the		review authority.
E. Report and Scheduling of Hearing.
1. When an appeal has been filed, the community development department shall prepare a report on the matter, including all of the application	materials in question, and schedule the matter for a public
hearing by the appropriate review authority within ninety days of receiving the appeal.
2. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17.148 (Public Notice and Hearings).
3. Any interested person may appear and be heard regarding the appeal.
4. All appeals on a single project shall be considered together at the same hearing.
F. Hearing and Decision.
1. During the appeal hearing, the review authority may take action on any aspect of the appealed project (de novo review). The review authority	shall make its own decision supported by findings.
2. The review authority’s decision may:
a. Affirm, affirm in part, or reverse the action that is the subject of the appeal;
b. Adopt additional conditions of approval that address the matter appealed; or
c. Remand the appeal for further review, recommendation, or action to the previous review authority.
3. The review authority’s action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal		and verify the compliance of the subject of the
appeal with the zoning code.
4. A matter being heard on appeal may be continued for good cause (e.g., additional California Environmental Quality Act (CEQA) review is required).
5. If the hearing body is unable to reach a decision on the matter appealed, the appeal and the decision of the previous review authority shall remain in effect.
G. Effective Date of Appeal Decision.
1. City Council’s Decision. A decision of the city council on an appeal is final and shall be effective on the date the decision is rendered.
2. Other Decisions. A decision of the planning commission is final and effective after five p.m. on the tenth calendar day following the date the decision is rendered, when no appeal to the decision or call for
review has been filed in compliance with this chapter. In the event the completion of the appeal period falls on a weekend or holiday, the decision shall become effective after five p.m. on the first business day
following the completion of the appeal period. (Ord. 1043 § 2 (Att. 2), 2020)

17.152.040 Judicial review. ¶

No person may seek judicial review of a city decision on a permit or other matter in compliance with the zoning code until all appeals to the planning commission and city council have been first exhausted in compliance with this chapter. (Ord. 1043 § 2 (Att. 2), 2020)

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