Division 2 — PUBLIC HEARING PROCEDURES

The purpose of this division is to provide a standard for the conduct of public hearings that complies with state public hearing requirements and afford the public due process through notification and participation in zoning and development proposals.

(Ord. No. 24-03, § 2, 9-17-24)

When a provision of this zoning ordinance requires notice of a public hearing pursuant to this article, such notice shall be made at least once in a newspaper of general circulation within the city designated by the city council at least ten (10) calendar days prior to the hearing.

(Ord. No. 24-03, § 2, 9-17-24)

The community development director shall set the date, time, and place for the public hearing. The notice shall include the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

(Ord. No. 24-03, § 2, 9-17-24)

When a provision of this zoning ordinance requires notice of a public hearing pursuant to this article, such notice shall be given in all of the following ways:

(1)

Notice of the public hearing shall be mailed or delivered at least ten (10) calendar days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant;

(2)

Notice of the public hearing shall be mailed or delivered at least ten (10) calendar days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected; and

(3)

Notice of the public hearing shall be mailed or delivered at least ten (10) calendar days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, records of the county assessor or tax collector may also be used. If the number of owners to whom notice would be mailed or delivered is greater than one thousand (1,000), notice may be provided by placing a display advertisement of at least one-eighth (⅛) page in a newspaper of general circulation within the city at least ten (10) calendar days prior to the hearing.

(4)

If the notice of the public hearing is mailed or delivered pursuant to this section, the notice shall also be:

a.

Published at least once in a newspaper of general circulation within the city at least ten (10) calendar days prior to the hearing; or

b.

Posted at least ten (10) calendar days prior to the hearing in at least three (3) public places within the city, including one (1) public place in the area directly affected by the proceeding.

(Ord. No. 24-03, § 2, 9-17-24)

When a provision of this zoning ordinance requires notice of a public hearing, the notice shall be mailed or delivered at least ten (10) calendar days prior to the hearing to any person who has filed a written request for notice with either the city clerk or with any other person designated by the city council to receive these requests. As used in this article, "person" includes a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.

(Ord. No. 24-03, § 2, 9-17-24)

(a)

Notwithstanding any other provision of law, whenever a person applies to the city for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, general or specific plan amendment, or any entitlement for use which would permit all or any part of a cemetery to be used for other than cemetery purposes, the city shall give notice pursuant to section 29-287 of this article. "Cemetery," as used in this section, has the same meaning as defined in California Health and Safety Code section 8100.

(b)

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the city shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. The California Legislature has found that access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem.

(Ord. No. 24-03, § 2, 9-17-24)

The failure of any person or entity to receive notice given pursuant to this division shall not constitute grounds for any court to invalidate the actions for which the notice was given.

(Ord. No. 24-03, § 2, 9-17-24)

Any public hearing conducted pursuant to this division may be continued from time to time and shall not require additional notification.

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-292—29-295. - Reserved.