16.76 Public Hearings

This chapter provides procedures for scheduling and conducting public hearings before the commission and council. When a public hearing is required by this development code, public notice shall be given and the hearing shall be conducted in compliance with this chapter.

(Ord. 556 § 23, 2020; Ord. 182 § 2 (part), 1997)

Not less than ten days before the scheduled date of a public hearing, the director shall give notice of the hearing. The notice shall include the time, place, identity of the review authority, nature of the application, and the general location of the property under consideration. The director shall comply with the following noticing requirements:

• A. Setting a Public Hearing.

1. When a land use permit, entitlement or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with state law (Government Code Sections 65090,65091, 65094 and 66451.3 and Public Resources Code 21000 etseq.). or as otherwise required in this development code.

2. The hearing date will be set before the appropriate review authority only when the director has determined that the application is complete.

3. If a conflict develops between the provisions of this chapter and other provisions in this development code, the provisions of this chapter shall prevail.

• B. Posting. A copy of the notice shall be posted in at least three publicly accessible locations in the city;

• C. Mailing. The notice shall be mailed first-class and postage pre-paid to:

1. The applicant;

2. The property owner or owner’s agent:

3. All persons whose names and addresses appear on the latest available assessment roll of the County of Riverside as owners of property within a distance of three hundred (300) feet from all of the exterior boundaries of the property for which the application is filed;

4. Anyone filing a written request for notification; and

5. Other persons whose property might, in the director’s judgement be affected by the subject request.

• D. Publishing. Notification shall be given to other potentially interested persons by publishing the notice one time

• in a newspaper having general circulation in the city not less than ten days before the scheduled public hearing:

• E. Additional Notice. The director may provide any additional notice with content or using a distribution method or radius boundary as the director determines is necessary or desirable (e.g. on the Internet);

• F. Agency Notice. Notices shall be sent to public departments, bureaus, or agencies which are determined by the

• director to be affected by the application or otherwise requiring notice;

• G. Alternative Notice. If the number of property owners to whom notice would be mailed is more than one

thousand (1,000), the director may choose to provide the alternative notice allowed by state law (Government Code Section 65091(a)(3));

H. CEQA Notice. All noticing requirements required by the California Environment Quality Act (CEQA) and the city's guidelines for environmental review shall be followed; and

I. Expanded Notice. For general plan, zoning map, and development code amendments, specific plans, master development plans, and/or other large scale projects, the director may make a determination that an expanded radius of one thousand feet (1,000) feet shall be used for noticing purposes.

(Ord. 544 §§ 33-36, 2019; Ord. 182 § 2 (part), 1997)

The property that is the subject of a development application for which a public hearing is required shall be posted with an informational sign at least ten (10) days prior to the public hearing date. The informational sign shall be a minimum of four (4) feet by four (4) feet in size, provide a description of the subject proposal, the date, time, and location of the scheduled public hearing, and indicate where further information may be obtained.

Minor inaccuracies in sign content, or the inadvertent posting of the sign on property adjacent to the project site, shall not, in and of itself, be considered a failure to comply with the required public hearing notice or grounds for continuing the public hearing. The guidelines for posting of the property are shown in the following table:

(Ord. 426-09 § 1, 2009; Ord. 314 § 1, 2004; Ord. 182 § 2 (part), 1997)

When notice of a hearing is given in compliance with this chapter, the following documentation shall be deemed sufficient to serve as proof that the notice was given in compliance with this chapter:

A. Posting. When notice is given by posting, an affidavit or proof of posting shall show the date or dates of posting and the location at which the posting was made. The affidavit of posting for the subject property shall include a dated photograph of the posted notice to serve as a permanent record of the legal notification; and

B. Mailing. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery shall be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to whom the mailing/delivery was made; and

C. Publishing. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made.

(Ord. 544 § 37, 2019; Ord. 182 § 2 (part), 1997)

A. Action. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, disapprove, continue, or take under advisement the subject of the public hearing.

B. Continuance. If the action is taken to continue or take the matter under advisement, before adjournment or recess, the person presiding at this public hearing shall publicly announce the time and place at which the hearing will be continued, if known at that time, or:

1. If the hearing is continued to a specific time and place, further notice shall not be required; or

2. If the hearing is not continued to a specific time and place, further notice shall be required.

• (Ord. 544 § 38, 2019; Ord. 182 § 2 (part), 1997)

The director, the commission, and the council shall have the authority to impose reasonable and necessary conditions on an application to ensure that the application complies with this development code and its objectives, policies, general land uses and programs of the general plan and any applicable specific plan. (Ord. 182 § 2 (part), 1997)

Following the rendering of a decision on an application a copy of the decision shall be mailed to:

A. Applicant. The applicant, at the address shown on the application. The decision that is mailed to the applicant shall contain applicable findings, any conditions approval, reporting/monitoring requirements necessary to mitigate any impacts and protect the public convenience, health, safety and general welfare of the city; and

B. Other Person(s). Other person(s) who has made a written request for a copy of the decision. The decision notice shall advise that related documents such as findings, conditions of approval and reporting/monitoring requirements can be obtained from the City of Murrieta planning division.

(Ord. 544 § 39, 2019; Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)

A. Effective on Eleventh (11th) Day. Home occupation permits, temporary use permits, development plan permits, minor variances, variances, minor conditional use permits, conditional use permits, surface mining permits, and residential tentative parcel maps, shall become effective on the eleventh (11th) day following the date the decision is rendered by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Chapter 16.78 (Appeals).

B. Effective on the Thirtieth (30th) Day. Development agreements, specific plans, master development plans and amendments to the general plan, zoning map, and this development code shall become effective on the thirtieth (30th) day following the date or final approval/decision by the council. All land use entitlements such as listed above that are legislative acts are subject to referendum and their corresponding dates.

C. No Issuance Until Effective Date. No permit, certificate, or other entitlement may be issued until the effective date.

(Ord. 556 § 24, 2020; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

An application for a land use action may be withdrawn at any time before a public hearing by filing with the director a written request for withdrawal. The request for withdrawal shall be signed by all persons who signed the original application, or their designated agent(s) or successor(s). An application may be withdrawn after commencement of the hearing, with the approval of the review authority. At the time of the withdrawal of the application, consideration may be given for refunding of application fees in whole or in part, based upon the time expended by city staff up to the time of withdrawal of the application, in compliance with established council policy.

(Ord. 182 § 2 (part), 1997)