Chapter 18.106 — Public Notices and Hearings

Sections:

18.106.010 – Purpose and Intent 18.106.020 – Notice of Hearing 18.106.030 – Hearing Procedures 18.106.040 – Recommendation by Commission 18.106.050 – Decision and Notice 18.106.060 – Effective Date of Decision

This chapter provides procedures for public hearings required by the 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 and state law.

When the Development Code requires a noticed public hearing, the public shall be provided notice of the hearing in compliance with applicable state law, including but not limited to Government Code Section 65090 et seq., and Section 66451.3, 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.

  1. 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.

  2. 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; and the phone number and street address of the Department where an interested person may call or visit to obtain additional information

  3. Statement on Environmental Document. If a proposed Negative Declaration, Mitigated Negative Declaration, or 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 environmental document.

B. Method of Notice Distribution.

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

   • a. One publication in a newspaper of general circulation in the City, within 10 days preceding the date of the hearing;

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Chapter 18.106

Public Notices and Hearings

• b. Mailing a postal card notice not less than 10 days prior to the date of the hearing to the owners of property within 300 feet of the exterior limits of the property or properties which is the subject of the application, as shown on the last equalized assessment roll.

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

2. Alternative to Mailing. 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 Government Code Section 65091.

3. 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 the Director determines is necessary or desirable.

• 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 written notice provided the chair of the Review Authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

After a public hearing the recommendation and findings of the Commission shall be forwarded to the Council if the matter is not final with the Commission.

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 subsequent meeting. At the conclusion of a hearing conducted by the Director, instead of rendering a decision the Director may refer the matter to the Commission for review and final decision. Within 10 working days of the conclusion of a hearing, a decision shall be rendered.

2. Unless otherwise required by law, an affirmative vote by a majority of those voting shall be required for any formal action by the applicable Review Authority.

3. Tie votes of the Review Authority for matters that legally require findings shall result in no action by the Review Authority.

4. All decisions shall be in writing and, if required by law, shall contain written findings.

• B. Notice of decision. Following the final decision on an application for a permit or other approval required by the Development Code, the City shall provide written notice of its final action to the applicant and to any person who specifically requested notice of the City’s final action.

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• C. Notifying County Assessor. Whenever a Zoning Map amendment, Administrative Use Permit, Conditional Use Permit, Minor Variance, or Variance is granted with respect to any property, the City shall, within 30 days, notify the County Assessor of the action in compliance with Government Code Section 65863.5.

• A. Director or Commission decision. The decision of the Director or Commission is final and effective after 5:00 p.m. on the 15th day following the actual date the final decision is rendered if no appeal of that decision has been filed.

B.

Council decision.

1. Adopted by ordinance. A decision of the Council adopted by ordinance is final and becomes effective on the 31st day following the date the ordinance is adopted by the Council, unless otherwise provided in the adopting ordinance, unless the provisions in state law for a referendum are followed.

2. Adopted by resolution. Except for actions related to General Plans, a decision of the Council adopted by resolution is final and is effective on the date the decision is rendered, unless the provisions in state law for a referendum are followed.

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