§ 19.58

This Division establishes procedures for discretionary actions of the Director or public hearings before the Zoning Administrator, Design Review Commission, Planning Commission, and Council. When a discretionary action or public hearing is required by this Zoning Ordinance, public notice shall be given and the action or hearing shall be conducted as provided by this Division.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

When a land use permit, or other matter requires a public hearing or public notice, the public shall be provided notice of an opportunity for public hearing or meeting in compliance with state law (Government Code Sections 65090, 65091, 65094, 66451.3, and 65850-65857, and Public Resources Code 21000 et seq.), and as required by this division.

A.

Contents of Notice. Notice of discretionary action or public hearing shall include:

1.

Hearing Information. The date of the action or the date, time, and place of the hearing and the name of the individual taking action, hearing body or officer; the phone number and street address of the Department, where an interested person could call or visit to obtain additional information; and

2.

Project Information. A general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the real property, if any, that is the subject of the hearing; and

3.

Statement on Environmental Document. If a draft Negative Declaration or Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the Novato 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.

4.

Waiver of Hearing. For administrative actions to be approved by the Zoning Administrator or Director, the notice shall specify the action date and officer and shall indicate that an opportunity for hearing will be provided if requested in writing prior to taking action on the application. If no request is received prior to the action date, the public hearing shall be waived and the application may be approved, denied, or approved with conditions.

B.

Method of Notice Distribution. Notice of an accessory dwelling unit permit, or a discretionary action or public hearing required by this Division for a land use permit, amendment, or appeal shall be given as follows, as required by State law (Government Code Sections 65090 and 65091).

1.

Publication. Notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the date of the hearing or action. Publication shall not be required for tree permits, accessory dwelling unit permits or Design Review applications.

2.

Mailing. Notice shall be mailed or delivered at least 10 days before the date of the hearing or action to the following:

a.

Owners of the Project Site. 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 water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected, and any adjacent City or County government;

c.

Affected Owners. All owners of real property as shown on the latest county equalized assessment roll, within a radius defined below from the exterior boundaries of the parcel that is the subject of either a hearing, action or neighborhood meeting described in subsection 19.40.070D.

i.

For applications involving an amendment of the general plan or urban growth boundary, amendment of the zoning map or text. Master plans and amendments, precise development plans and major amendments, development agreements, a tentative map, use permit, variance, zoning code interpretation or major design review mailed notice shall be provided to property owners within 600 feet of the exterior boundaries of the subject parcel(s);

ii.

For applications involving minor design review, minor amendments to precise development plans involving minor architectural or site changes consistent with the adopted master plan, SB 9 developments, land division of four or fewer lots, lot line adjustment, or a tree permit mailed notice shall be provided to property owners within 300 feet of the exterior boundaries of the subject parcel(s);

iii.

For applications involving accessory dwelling units, mailed notice shall be provided to property owners within 100 feet of the exterior boundaries of the subject parcel; and

d.

Persons Requesting Notice. Any person who has filed a written request for notice with the Director and who has paid the required fee for the notice.

3.

Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection B.2.a through B.2.c above is more than 1,000, the Director may choose to provide the alternative notice by placing a display advertisement of at least 1/8 page in at least one newspaper of general circulation within the City at least 10 days prior to the date of the hearing, in accordance with Government Code Section 65091(a)(3).

4.

On-Site Posting. The applicant shall install one or more signs on the subject property in a place conspicuous to the public, at least ten days before the first scheduled neighborhood meeting or hearing, as follows. Applications involving Minor Design Review, minor Precise Development Plan amendments, land divisions of four or fewer lots, lot line adjustments and tree permits are exempt from this requirement.

a.

Sign Size. The size of the sign shall be 11 inches by 17 inches. Applications involving new development of five or more housing units, 10,000 or more square feet of non-residential development or new tentative maps shall provide one or more signs four feet in height and eight feet in length.

b.

Number of Signs. One sign shall be displayed on each public street frontage of the subject property.

c.

Sign Location. The sign(s) shall be located in a position most visible to the public, but not more than ten feet from the property line. On a corner parcel, the sign(s) shall not be located in the triangle of visibility established by subsection 19.20.070D.

d.

Content. Content for the sign(s) shall be consistent with a format established by the city and approved by city staff prior to installation.

e.

Installation. The applicant shall submit to the city a signed affidavit verifying the date of installation of the sign(s).

f.

Removal. The sign(s) shall be removed within 15 days of final decision on the application(s) or withdrawal of the application.

5.

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. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1628, § 4(Exh. C), 11-14-2017; Ord. No. 1725, § 5(Exh. A), 7-22-2025)

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and the Novato Environmental Review Guidelines, the matter shall be scheduled for action by the Director or for a public hearing on a Zoning Administrator, Design Review Commission, Commission, or Council agenda (as applicable).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.58.040 - Review Authority Decision and Notice.

A.

Decision.

1.

The Review Authority (Zoning Administrator, Community Development Director, Design Review Commission, Planning Commission, or Council, as applicable) may record their decision on the matter being considered at the conclusion of a scheduled hearing, defer action and continue the matter to a later date in compliance with Section 19.58.060 (Hearing Procedure), or in the case of the Zoning Administrator/Director, take the matter under advisement and issue a written decision.

2.

Prior to, or at the conclusion of the notice period, the Director or Zoning Administrator may instead refer the matter to the Planning Commission or Design Review Commission, as appropriate for determination. The referral will require a noticed hearing before the Planning Commission or Design Review Commission.

3.

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

B.

Notice of Decision. After the final decision or recommendation is rendered by the Review Authority, notice of the decision shall be mailed to the applicant, and the property owner, if different from the applicant.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

At the conclusion of any public hearing on a Master Plan or Precise Development Plan, a Development Agreement, a General Plan amendment, a specific plan, the Zoning Map, or this Zoning Ordinance, the Commission shall forward a recommendation, including all required findings, to the Council for final action.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A decision of the Director, Zoning Administrator, Design Review Commission, or Planning Commission (other than a recommendation in compliance with Section 19.58.050) is final and effective on the 11th day following the decision unless an appeal is filed in compliance with Division 19.54 (Appeals).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

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

B.

Continuances. If a hearing cannot be completed on the scheduled day, the Review Authority, before opening the hearing or 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 or may withdraw the item and continue the hearing pending further notice.

C.

Additional Notice Not Required. Additional notice for a hearing continued to a date certain is not required.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.59 - ZONING ORDINANCE ENFORCEMENT