Chapter 17.608 — PUBLIC HEARINGS AND NOTICING

• A. Purpose. This Section specifies permit noticing procedures not otherwise specified in this Code.

• B. Applicability. These procedures apply to permits required by the Code, as identified in Table 17.608.010.A (Noticing). Additional noticing requirements may be specified in Division 5 (Land Use and Development Permit Procedures), and specific requirements for public hearing notices are identified in Section 17.608.020.C (Notice of Hearing).

• C. Relationship to Notices of Public Hearings. A notice required by this Section may also serve as a notice of public hearing if the notice complies with the requirements of Section 17.608.020.C (Notice of Hearing).

Notes:

• 1 Noticing may be required for a permit or action that does not otherwise require noticing if the Director finds that a decision is beyond his or her purview of authority and when unique or special circumstances exist, or when the required environmental review (Section 17.504.070 ) necessitates a higher review authority.

• 2 Any application for a permit for the landfill shall require public notice be given to all property owners within 1,000 feet of the landfill boundary.

• 3 See Section 17.516.040.B for additional noticing requirements.

• 4 See Section 17.520.040.A for additional noticing requirements.

• D. Additional Notice. In addition to the types of notice required by Government Code § 65090 et seq., the Director may provide any additional notice with content or using a distribution method (e.g., posting on the City's website) as the Director determines is necessary or desirable.

• E. Failure to Receive Notice. Failure of any party to receive a notice shall not invalidate the proceedings.

• (Ord. 1670(19) § 11; Ord. 1705(23) § 4)

• A. Public Hearing Required. When a public hearing is required by this Code, public notice shall be given, and the hearing shall be conducted as provided by this Section.

• B. Scheduling of Hearing. After an application is deemed complete, any environmental document required by CEQA is complete, and a Department staff report has been prepared, a matter requiring a public hearing shall be scheduled on an agenda (Commission or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.

• C. Notice of Hearing.

  1. A public hearing notice shall include, at minimum, the following information:

     • a. The date, time, and place of the hearing and the name of the review authority;

     • b. 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 that is the subject of the hearing;

     • c. If a proposed Negative Declaration or Environmental Impact Report (EIR) has been prepared for the project in compliance with CEQA, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the EIR; and

     • d. The following statement: "If you challenge this proposed project/action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Lompoc at, or prior to, the public hearing."

  2. In addition to the requirements of this Subsection, noticing for a public hearing shall also comply with Government Code § 65090 et seq., and § 66451.3. In the event of any conflict between the requirements of this Section and State law, the more extensive noting requirements shall apply.

  3. Noticing shall comply with any additional requirements pursuant to CEQA.

  4. Failure of property owners to receive notice of a hearing shall in no way affect the validity of action taken, in compliance with Government Code § 65093 .

• D. Hearing Procedure.

  1. Time and place of hearing. A hearing shall be held at the date, time, and place for which notice was given.

  2. Continued hearing. Any hearing may be continued from time to time without further notice; provided, the chair 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.

  3. Deferral of final decision. The review authority may announce a tentative decision and defer their action on a final decision until appropriate findings or conditions have been prepared.

• E. Recommendation by Commission. At the conclusion of any public hearing on a project that requires Council approval, the Commission shall forward a recommendation, including all required findings, to the Council for final action, unless otherwise provided by law.

• (Ord. 1670(19) § 11)

§ 17.608.030. Decision.

• A. The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing or defer action and continue the matter to later meeting agenda in compliance with Section 17.608.020.D.

• B. In the event that the Commission is unable to reach a majority decision, as evidenced by a tie vote, the applicant shall have the option of continuing the public hearing until such time as a majority vote can be obtained or consider the application denied.

• C. For applications requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision of the Council on any matter shall be final and conclusive.

• D. The decision shall contain applicable findings of the Commission or Council, any conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City, and the procedure for appeal. Within seven days after the date of the decision, a final resolution or ordinance and any conditions of approval, and an affidavit or certificate of mailing, shall be mailed to the applicant and any persons filing a written request for notice of the decision.

• E. Decisions shall be effective as specified in Section 17.552.020 (Effective Dates of Permits). (Ord. 1670(19) § 11)