§ 19.146

This Chapter 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 Chapter.

When this Development Code requires a noticed 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 and 66451.3, and Public Resources Code 21000 et seq., and as required by this Chapter.

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 of the application 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 and/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, or final Environmental Impact Report 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 of the proposed Negative Declaration or Mitigated Negative Declaration, or certification of the final Environmental Impact Report, as applicable.

B.

Method of notice distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, appeal, or other approval shall be given as follows, as required by Government Code Sections 65090 and 65091.

1.

Mailing. Notice shall be mailed or delivered at least 10 days before the scheduled hearing to the following:

a.

Project site owner(s) and the applicant. The owner(s) of the property being considered in the application or the owner's authorized agent, and the applicant.

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 adopted tax roll of the County, located within a radius of 600 feet of the exterior boundaries of the parcel that is the subject of the hearing. The applicant shall furnish to the City a copy certified by the County Assessor's Office of the names and addresses of the owners.

d.

Persons requesting notice. Any person who has filed a written request for notice with the Director and has paid the required fee for the notice.

e.

Other person(s). Any other person(s), whose property might, in the judgment of the Director, be affected by the proposed project.

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.

Publication and posting.

a.

Publication. Notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing.

b.

Posting. Notice shall be posted at least 10 days before the scheduled hearing in at least three public places within the City, including one public place in the area affected by the proceeding.

4.

Additional notice. In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method (e.g., posting on the City's website) as the Director

determines is necessary or desirable.

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

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, 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. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions have been prepared.

After a public hearing on a proposed development agreement or amendment, a specific plan or amendment, or an amendment to this Development Code, the General Plan, or the Zoning Map, the recommendation and findings of the Commission and the minutes of the Commission meeting shall be forwarded to the Council. A copy of the recommendation shall be mailed to the applicant and property owner/owner's representative.

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 Section 19.146.040 (Hearing Procedure), above.

2.

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

3.

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

4.

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

B.

Notice of decision.

1.

Provision of notice. 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, property owner/owner's representative, 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, or general welfare of the City, and the procedure for appeal.

Final action by the applicable review authority shall be effective in compliance with the provisions of Section 19.130.030 (Effective Dates of Permits), if no additional appeals are filed in compliance with Chapter 19.144 (Appeals).

Chapter 19.148 - DEVELOPMENT AGREEMENTS

Sections: