Article I — Procedure, Hearing, Notices

The Commission shall prescribe the form of applications for changes in zone boundaries or classifications, for variances, or for conditional use permits, and of all other documents to be submitted to it. It may prepare and provide blanks for such purpose, and may prescribe the type of information to be provided by the applicant or party. No application or document shall be accepted by the Commission for filing unless it complies with the requirements prescribed by the Commission, except upon formal motion adopted by the Commission. (Prior code § 27-20.1; Ord. 21-1722 § 2)

Each application filed with the Planning Commission shall be segregated as to type; and all applications of the same type shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records of the Commission. There shall be attached to each application, and permanently filed therewith, copies of all notices and memoranda of actions had thereon, with certificates or affidavits of posting, mailing, or publication pertaining thereto. (Prior code § 27-20.2; Ord. 21-1722 § 2)

Each applicant for a reclassification, amendment or change of zone, a variance, a conditional use permit or for any other relief provided for in this title, shall pay such fees and costs as the City Council may establish.

(Prior code § 27-20.3; Ord. 21-1722 § 2)

All applications or proceedings for amending zone boundaries or classifications of property uses within such zones as are defined by this title, for granting of variances or conditional use permits, or for the revocation of variances, conditional use permits, or affecting nonconforming uses, as provided in this title, shall be set for public hearing by the secretary of the Commission when such hearing is to be held by the Commissioner or by the City Clerk when such hearing is by the City Council. The date of the hearing shall be not less than 10 calendar days nor more than 60 calendar days after the date of filing of an application or the filing of an appeal as prescribed in Section 17.02.280(H) or 17.02.210(G) or after the adoption of a resolution amending zone boundaries or classifications.

(Prior code § 27-20.4; Ord. 21-1722 § 2)

Where not contrary to the provisions of Chapters 3 or 4 of Division 1 of Title 7 of the Government Code, contrary provisions of which shall prevail hereover, and where no provision is made in this title for the same, notices of times and places of public hearings shall be given as follows:

• A. Notice of any public hearing, before either the Commission or City Council upon a proposed variance, text amendment, zone change, conditional use permit, or the changing of conditions or limitations thereof, shall be furnished as follows:

  1. For Zone Changes.

     • a. By publication at least once in a newspaper of general circulation, published and circulated in the City, not less than 10 calendar days prior to the date of the hearing; and

     • b. By posting the notice in three or more prominent places on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about each street line of such parcel; in the event more than one parcel is the subject of such hearing, at least one of such notices shall be posted within 200 feet of each such parcel; posting of such notices shall be completed not less than 10 calendar days before the date of the hearing; or

     • c. By mailing a written notice thereof, not less than 10 calendar days prior to the date of such hearing, to the owners of the subject properties, to the applicants, if any, and to the owners of properties located within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent through the United States mail, with postage prepaid, and using the addresses from the last adopted tax roll, if available.

  2. For Text Amendments to the Zoning Ordinance.

     • a. By publication at least once in a newspaper of general circulation, published and circulated in the City, not less than 10 calendar days prior to the date of the hearing; and

     • b. By posting the notice in at least three public places, not less than 10 calendar days prior to the date of the hearing.

  3. For Conditional Use Permits, Zone Variances, and Modifications Thereto.

     • a. By mailing a written notice thereof, not less than 10 calendar days prior to the date of such hearing, to the owners of the subject properties, to the applicants, if any, and to the owners of properties located within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent through the United States mail, with postage prepaid, and using the addresses from the last adopted tax roll, if available; or

     • b. By publication at least once in a newspaper of general circulation, published and circulated in the City, not less than 10 calendar days prior to the date of the hearing; and

• c. By posting this notice in three or more prominent places on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about each street line of such parcel; in the event more than one parcel is the subject to such hearing, at least one of such notices shall be posted within 200 feet of each such parcel; posting of such notices shall be completed not less than 10 calendar days before the date of the hearing.

  4. For Administrative Applications Considered By or Appealed To the Commission or City Council.

     • a. By mailing a written notice thereof, not less than 10 calendar days prior to the date of such hearing, to the owners of the subject properties, to the applicants, if any, and to the owners of properties located within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent through the United States mail, with postage prepaid, and using the addresses from the last adopted tax roll, if available; and

     • b. By posting this notice in public places as designated in Section 1.08.030 ; posting of such notices shall be completed not less than 10 calendar days before the date of the hearing.

• B. Notice of any public hearing to consider the revocation or modification of a variance or conditional use permit, to terminate a nonconforming use, or for any other purpose for which a public hearing is required by law and not otherwise provided for, shall be given by placing in the United States mail, postage prepaid, a written notice thereof to the owner or owners of the subject property, and to the occupant or occupants of such property; such notice shall be sent not less than 40 calendar days prior to the date of such hearing; for such purpose, the department, secretary or clerk may use the last known name and address of an owner, as shown in the last adopted tax roll of the County, and may mail notice to the occupant or occupants at the address of the subject property. In the event the purpose of such public hearing shall be to consider the revocation or modification or termination of a variance, conditional use permit, nonconforming use or any other permit controlled by this title, the notice shall not be complete unless it sets forth, in general terms, the grounds of the proposed revocation, modification or termination.

The Commission or City Council may order notice of any public hearing before it to be given to such other persons as the Commission or City Council may, in its respective discretion, deem necessary and proper.

(Prior code § 27-20.5; Ord. 14-1654 § 1; Ord. 21-1722 § 2)

Public notice of hearings on zone reclassifications, amendment, variances, or conditional use permits, or revocation thereof, shall bear the words "Notice of Proposed Change of Zone Boundaries or Classification" or "Notice of Proposed Variance" or "Notice of Proposed Conditional Use Permit," as the case may be, or other descriptive title; shall set forth a description, in any terms adequate, to identify the property under consideration, the nature of the proposed change of use, and the time and place at which the public hearing or hearings will be held; and shall advise that persons wishing to be heard on such matter may attend and be heard. (Prior code § 27-20.6; Ord. 21-1722 § 2)

The Commission shall cause to be made such investigation of facts bearing upon an application set for hearing, which may include an analysis of precedent cases, as will tend to provide all necessary information to enable decisions and determinations to be made consistent with the provisions, purposes, and intents of this title, and with prior actions of the Commission and Council. (Prior code § 27-20.7; Ord. 21-1722 § 2)

The Commission and City Council shall establish reasonable rules governing their conduct of public hearings.

(Prior code § 27-20.8; Ord. 21-1722 § 2)

• A. Text amendments and zone boundary changes shall require not less than one hearing by the Commission and one hearing before the City Council.

• B. Applications for variances shall require not less than one hearing by the Commission.

• C. Applications for conditional use permits shall require not less than one hearing by the Commission.

• D. Revocation of a variance shall require not less than one hearing by the Commission.

• E. Revocation of a conditional use permit shall require not less than one hearing by the Commission.

• F. Administrative applications considered by the Commission shall require not less than one hearing by the Commission. Administrative applications appealed to the Commission or City Council shall require not less than one hearing by the reviewing body to which the appeal was submitted.

(Prior code § 27-20.9; Ord. 14-1654 § 2; Ord. 21-1722 § 2)

If, for any reason, any public hearing is not completed on the day set for such hearing, the person presiding at such hearing may, without closing such hearing, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice shall be required. (Prior code § 27-20.10; Ord. 21-1722 § 2)

The review authority table below identifies the full range of land use permit options and applicable final review authority.

(Ord. 20-1720 § 2; Ord. 21-1722 § 2; Ord. 23-1746, 12/5/2023; Ord. 24-1755, 12/3/2024; Ord. 241748, 10/1/2024)

A summary of all pertinent evidence offered at a public hearing held in connection with an application filed pursuant to this title, and the names of persons testifying, shall be recorded and filed with the application as part of the official records. (Prior code § 27-20.11; Ord. 21-1722 § 2)