§ 22.72

(a)

Content of notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of the hearing body; 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.

If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the city's 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.

(b)

Method of notice distribution. Notice of a public hearing required by this chapter for a land use permit, amendment, or appeal shall be given as follows, as required by state law:

(1)

Notice shall be published at least once in a local newspaper of general circulation in the city at least ten days before the hearing;

(2)

Notice shall be posted, at least ten days before the hearing, in the following manner:

a.

On the subject parcel, on a display board measuring at least four foot by six foot. The applicant is responsible for the preparation, installation, maintenance and removal of the display board. The display board shall be removed no later than three days after the date of the scheduled public hearing has concluded.

b.

In at least three public places in the area of the property which is the subject of the hearing.

(3)

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

a.

The owner(s) of the property being considered or the owner's 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 county's latest equalized assessment roll within the following radii of the subject property (see Table 5-1); and

TABLE 5-1

NOTICE REQUIREMENTS

d.

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

(c)

Alternative notice. If the number of property owners to whom notice would be mailed is more than 1,000, the director may choose to provide the alternative notice allowed by state law.

(d)

Additional notice. In addition to the types of notice required by subsection (b) above, the director may provide additional notice with content or using a distribution method as the director determines is necessary or desirable (e.g., on the Internet).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2001), § 26, 11-6-01)

Sec. 22.72.030. - Notice of decision—Director/hearing officer.

The director/hearing officer may announce and record the decision at the conclusion of a scheduled hearing, refer the matter to the commission for determination, or defer action and announce and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety and welfare of the city. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

(Ord. No. 02(1998), § 2, 11-3-98)

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, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety and welfare of the city. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

(Ord. No. 02(1998), § 2, 11-3-98)

The decision of the director, hearing officer, or commission is final unless appealed in compliance with chapter 22.74 (Appeals).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.72.060. - Recommendation by commission.

At the conclusion of a public hearing on a proposed amendment to the general plan, this Development Code, the zoning map, a specific plan or a prezoning, 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. 02(1998), § 2, 11-3-98)

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, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety and welfare of the city.

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.74. - APPEALS

Sec. 22.74.010. - Purpose.

This chapter provides procedures for the following:

(1)

The council's review of a decision rendered by the commission; and

(2)

The filing of an appeal of a decision rendered by the director, hearing officer, or commission.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.74.020. - Council review.

The council may choose to review a decision rendered by the commission. A member of the council may request the opportunity to discuss any decision rendered by the commission; however, a majority vote of the council is required to initiate an appeal of the commission's decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be set for hearing by the city clerk. The decision of the council on the appeal shall be final and shall become effective upon adoption of the resolution by the council.

(Ord. No. 02(1998), § 2, 11-3-98)