Chapter 4-78 — PUBLIC HEARINGS

Sections:

Sec. 4-78-010. Purpose. Sec. 4-78-020. Notice of Hearings. Sec. 4-78-030. Scheduling of Hearings. Sec. 4-78-040. Hearing Procedures. Sec. 4-78-050. Recommendation by Commission. Sec. 4-78-060. Notice of Decision. Sec. 4-78-070. Effective Date of Decision.

This Chapter provides procedures for the public hearings required by this Zoning and Subdivision 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.

Gustine Zoning and Subdivision Code

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ARTICLE 7 ZONING AND SUBDIVISION CODE ADMINISTRATION CHAPTER 4-78. PUBLIC HEARINGS Sec. 4-78-020. Notice of Hearings.

When a planning permit, or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with State law (Government Code Sections 65090, 65091, 65094, and 66451.3, and Public Resources Code 21000 et seq.), and as required by this Chapter.

• A. Contents of notice. Notice of a public hearing shall include:

  1. Hearing information. The date, time, place, and purpose of the hearing and the name of the hearing body; 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; the City's project case number assigned to the application; a general explanation of the matter to be considered; a general explanation of the purpose of the application; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and

  3. Statement on environmental document. If a draft Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) has been prepared for the project, or if the project has been determined to be exempt, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report.

• B. Method of notice distribution. Notice of a public hearing required by this Chapter for an amendment, appeal, entitlement, or permit shall be given as follows:

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

  2. Mailing. Notice shall be mailed, at least 10 days before the hearing, through the United States Postal Service, to:

  - **a.** The owners of the property being considered or the owner's agent, and the applicant; 
  
  - **b.** 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.** All owners of real property shown on the latest equalized property tax roll within 300 feet of the site boundaries; and 
  
  - **d.** Any person who has filed a written request for notice with the Planning Director and has paid the fee established by the City's Fee Schedule for the notice. 
  

• C. Alternative to mailing. If the number of property owners requiring notice in compliance with Subsection B.2 is more than 1,000, the Planning Director may choose to provide the alternative notice allowed by State law (Government Code Section 65091(a) (3)).

Gustine Zoning and Subdivision Code

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ARTICLE 7 ZONING AND SUBDIVISION CODE ADMINISTRATION CHAPTER 4-78. PUBLIC HEARINGS Sec. 4-78-020. Notice of Hearings.

• D. Additional optional notice. In addition to the types of notice required by Subsections B. and C., above, the Planning Director may provide additional notice with content or using a distribution method as the Planning Director determines is necessary or desirable (e.g., use of a greater radius for notice, use of the Internet, etc).

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

Each hearing shall be held at the date, time, and place described in the prior notice.

• A. Continuance. Any hearing may be continued from time to time without further notice; provided, the chairperson 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.

• B. 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 of approval have been prepared.

At the conclusion of any public hearing on a proposed amendment (Chapter 4-76), the Commission shall forward a recommendation, including all required findings, to the Council for final action.

• A. Notice of final action. Within five days of a final decision on an application for a permit or other approval required by this Zoning and Subdivision 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.

• B. 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 procedures for appeal.

• A. Effective date. The decision of the Planning Director or Commission is final and effective on the 11[th] day following the date the decision is rendered, unless an appeal is filed in compliance with Chapter 4-74 (Appeals).

• B. Date of permit issuance. The actual permit shall not be issued until five days have elapsed from the granting of the permit.

• C. In event of an appeal. In the event an appeal is filed in compliance with Chapter 4-74 (Appeals), the permit shall not be issued until a final decision has been made on the appeal.

Gustine Zoning and Subdivision Code

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ARTICLE 7 ZONING AND SUBDIVISION CODE ADMINISTRATION CHAPTER 4-79. ENFORCEMENT AND PENALTIES Sec. 4-79-040. Violations.