Chapter 17.92 — PUBLIC HEARINGS

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 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 name of the applicant; a brief description of the project; the city's file number assigned to the application; a general explanation of the matter to be considered (e.g., planned development or use permit); 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 or final environmental impact report has been prepared for the project in compliance with the city's environmental review guidelines, the hearing notice shall include a statement that the review authority 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 planning permit, amendment, or appeal shall be given as follows, as required by Government Code Sections 65090 and 65091.

1.

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

a.

Site Owners. The owners of the property being considered in the application, or the owner's agent, and the applicant;

b.

Local Agencies. Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

c.

Nearby Property Owners. All owners of real property as shown on the latest county equalized assessment roll, within a radius of three hundred feet of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property might, in the judgment of the director, be affected by the proposed project; and

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.

2.

Additional Required Notice. If the notice is mailed as identified in Subparagraph 1., above, then the notice shall also either be:

a.

Published. Published at least once in a local newspaper of general circulation within the city at least ten days before the hearing; or

b.

Posted. Posted, at least ten days before the hearing, along public streets within three hundred feet of the subject site's boundaries and in at least three public places in the city, in compliance with the department's handout on public hearing requirements.

3.

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 one thousand, the director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).

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 web site) as the director determines is necessary or desirable.

After the completion of any environmental document in compliance with the city's environmental review guidelines and a department staff report, a matter requiring a public hearing shall be scheduled on the next available director, commission, or council agenda (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 chairperson 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, by motion or other proceedings, a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared and returned for their consideration.

A.

Recommendation for Approval. After a public hearing on a proposed amendment to the general plan, this development code, the zoning map, a development agreement, or a specific plan, and the commission has recommended approval of the application, the recommendation and findings of the commission shall be forwarded to the council.

B.

Recommendation for Denial. After a public hearing on a proposed amendment to the general plan, this development code, the zoning map, a development agreement, or a specific plan, and the commission has recommended denial of the application, the following procedures shall apply.

1.

If Initiated by the Filing of an Application. If initiated by the filing of an application, the council shall not be required to take any further action unless an interested party requests a hearing by filing a written request with the city clerk in compliance with Chapter 17.91 (appeals).

2.

If Initiated by the City. If initiated by the city, the recommendation and findings of the commission shall be forwarded to the council.

C.

Mailing of Commission's Recommendation. A copy of the commission's recommendation shall be mailed to the applicant at the address shown on the application.

A.

Decision.

1.

The review authority may announce and record their 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 17.92.040 (hearing procedure), above.

2.

At the conclusion of a hearing conducted by the director, the director may instead refer the matter to the commission for a determination.

3.

The decision of the council on any matter shall be final.

B.

Notice of Decision.

1.

Provision of Notice. Within ten days of a 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 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 the summary of action taken, 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.