Chapter 10.116 — PUBLIC NOTICES AND HEARINGS

• A. This Chapter provides procedures for public hearings required by this Zoning Code.

B. Unless otherwise provided or required by the Zoning Code or applicable State law, 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. (Ord. 935 § 3 (part), 2015)

When this Zoning Code requires a public hearing before a decision on a permit or approval application, General Plan amendment, Zoning Code amendment or adoption, Zoning Map amendment, or for any other matter, the public shall be provided notice of the hearing in compliance with the Government Code Sections specified in Table 7-1, below, Public Resources Code 21000 et seq., and as provided 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 public hearing; the identity 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 may call or visit to obtain additional information.

2. Project Information. The name of the applicant; 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, Mitigation Monitoring Program, or final Environmental Impact Report has been prepared for the project in compliance with the CEQA, the hearing notice shall include a statement that the review authority will also consider approval or a recommendation for approval of the proposed Negative Declaration, Mitigated Negative Declaration, Mitigation Monitoring Program, or certification of the final Environmental Impact Report.

B. Method of Notice Distribution. Notice of a public hearing required by this Chapter for a permit, approval, or appeal shall be given as follows, and as specified in Table 7-1 (Applicable Government Code Sections), above.

1. Mailing. Notice shall be mailed or delivered a minimum of 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, the owner(s)’ duly authorized agent, if any, and the applicant;

• b. Local Agencies. Each local agency expected to provide or maintain roads, schools, utilities, or other essential facilities or services to the property which is the subject of the application;

• c. Affected Owners. All owners of real property, as shown on the latest equalized assessment roll, located within a radius of 500 feet, unless stated otherwise in this Zoning Code, of the exterior boundaries of the parcel that is the subject of the hearing. In lieu of utilizing the latest assessment roll, the City and/or applicant may utilize records of the County Assessor or Tax Collector which contains more recent information than the assessment roll;

• d. Persons Requesting Notice. Any person who has filed a written request for notice and has paid the required fee, if any, for the notice; and

• 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 or delivered, as required by Subparagraph B.1.c., above, is more than 1,000, the Director, in-lieu of mailed or delivered notice, may provide notice by placing a display advertisement at least 1/8 page in at least one newspaper of general circulation within the City, a minimum of 10 days before the public hearing.

3. Publication or Posting.

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

• b. Posting. Notice shall be posted a minimum of 10 days before the scheduled hearing in a minimum of three public places within the City specified in Municipal Code Section 2.04.140 and on the subject property.

4. Additional Notice. In addition to the notices required by this Section, 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. (Ord. 935 § 3 (part), 2015)

After the completion of any environmental document required by CEQA, and the Department's staff report, a matter requiring a public hearing shall be scheduled for public hearing in compliance with applicable law, but no sooner than any minimum time period established by State law. (Ord. 935 § 3 (part), 2015)

• 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 public hearing may be continued from time to time without further notice; provided, however, that the chair of the hearing body announces the date, time, and place to which the public hearing will be continued before the adjournment or recess of the public hearing. (Ord. 935 § 3 (part), 2015)

After a public hearing on a proposed amendment to the General Plan, this Zoning Code, the Zoning Map (except in the case of the Commission's action to deny the requested amendment), a development agreement, or a specific plan as specified in Table 6-1 (Review Authorities), the recommendation and findings of the Commission shall be forwarded to the Council within 45 days. A copy of the recommendation shall be mailed to the applicant at the address shown on the application. (Ord. 935 § 3 (part), 2015)

• A. Decision.

1. The review authority may announce and record the decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting in compliance with Section 10.116.040 (Hearing Procedure), above.

2. At the conclusion of a hearing conducted by the Director, the Director may, instead of rendering a decision,

• refer the matter to the Commission for review and final decision.

3. The decision of the Council on any matter shall be the final City action.

B. Notice of Decision. Following the decision on an application required by this Zoning Code, the City shall provide a written copy of the review authority’s adopted resolution to the applicant and to any person who specifically requested notice of the City’s action. (Ord. 935 § 3 (part), 2015)

A. Director’s or Commission’s Decision. The decision of the Director or the Commission is final and effective after close of business on the 10th day following the actual date the decision is rendered, when no appeal to the decision has been filed in compliance with Chapter 10.114 (Appeals).

B. Council’s Decision. A decision of the Council is final and shall be effective on the date the decision is rendered. (Ord. 935 § 3 (part), 2015)