Chapter 17.74 — PUBLIC HEARINGS

This chapter establishes procedures for public hearings before the director, SPARC, commission, and council. When a public hearing is required by this development code, public notice shall be given and the hearing shall be conducted as provided by this chapter.

(Ord. No. 1869, § 2, 2-20-2013)

When a land use 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:

Hearing Information. The date, time, and place of the hearing and the name of the hearing body; 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 could call or visit to obtain additional information;

Project Information. The name of the applicant; the city's file number assigned to the application; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and

Statement on Environmental Document. If a draft negative declaration or environmental impact report has been prepared for the project in compliance with the Lodi Environmental Review Guidelines, the hearing

notice shall include a statement that the hearing body will also consider approval of the draft 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 land use permit, amendment, or appeal shall be given as follows, as required by state law (Government Code Sections 65090 and 65091).

Publication. Notice shall be published at least once in a newspaper of general circulation in the city at least ten days before the date of the hearing.

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

a.

Owners of the Project Site. 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, utilities, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

c.

Affected Owners. All owners of real property as shown on the latest county equalized assessment roll, within a radius of three hundred feet from 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.

Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (B)(2) above is more than one thousand, the director may choose to provide the alternative notice allowed by state law (Government Code Section 65091(a)(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 as the director determines is necessary or desirable.

(Ord. No. 1869, § 2, 2-20-2013)

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA), the matter shall be scheduled for public hearing on a director, SPARC, commission, or council agenda (as applicable).

(Ord. No. 1869, § 2, 2-20-2013)

A.

Decision.

The review authority (director, SPARC, commission, or council, as applicable) may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, defer action and continue the matter to a later meeting agenda in compliance with Section 17.74.070 (Hearing Procedures), or, in the case of the director, take the matter under advisement.

The director may instead refer the matter to the commission for determination. A referral will require a new noticed hearing before the commission.

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

B.

Notice of Decision. The notice of decision shall contain any conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the city.

C.

Mailing of the Notice.

After the final decision or recommendation is rendered by the review authority, notice of the decision shall be mailed to the applicant at the address shown on the application.

A copy of the notice of decision shall also be sent to the property owner, if different from the applicant and to all other persons who have filed a written request for notice.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Commission's Action. At the conclusion of any public hearing on an amendment (e.g., general plan, zoning map, or development code), a development agreement, or a specific plan the commission shall forward a recommendation, including all required findings, to the council for final action.

B.

Mailing of Recommendation. Following the hearing, a copy of the commission's recommendation shall be mailed to the applicant at the address shown on the application.

(Ord. No. 1869, § 2, 2-20-2013)

A decision of the director, SPARC, or commission (other than a recommendation in compliance with Section 17.74.050) is final and effective after 5:00 p.m. on the 10th business day following the date of decision, unless an appeal is filed in compliance with Chapter 17.70 (Appeals).

(Ord. No. 1869, § 2, 2-20-2013)

A.

Holding of Hearings. Hearings shall be held at the date, time, and place described in the public notice required by this chapter.

B.

Continuances. If a hearing cannot be completed on the scheduled date, the presiding councilperson or commissioner, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued.

C.

Additional Notice Not Required. Additional notice for the continued hearing is not required.

(Ord. No. 1869, § 2, 2-20-2013)