Chapter 17.76 — Public Hearings

This Chapter establishes procedures for public hearings before the Zoning Administrator, Film Liaison, Environmental Administrator, Board of Zoning Appeals (BZA), Design Commission (DC), Historic Preservation Commission (HPC), Commission, and Council.

(Ord. 7057 § 26, 2006)

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, place, and purpose of the hearing and the name of the hearing body; 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 project case number (if the case is assigned a number) assigned to the application; a general explanation of the matter to be considered; a general explanation of the purpose of the application; 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 (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) has been prepared for the project, or if the project has been determined to be exempt, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's Environmental Policy Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report.

B.

Method of notice distribution. Notice of a public hearing required by this Chapter for an amendment, appeal, or entitlement shall be given as follows:

Mailing.  

a.

Notice shall be mailed, at least 14 days before the hearing, through the United States mail service, to:

(1)

The owner(s) of the property being considered, or the owner's agent, and the applicant(s);

(2)

Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

(3)

All owners of real property as shown on the County's latest equalized property tax assessment roll within a 500-foot radius of the subject site's boundaries; or within a 300-foot radius for minor variances, minor use permits, variances for historic resources and sign exceptions, and

(4)

Any person who has filed a written request for notice with the Director and has paid the fee established by the Council's Fee Resolution for the notice.

b.

The radius shall be measured from the subject site's exterior boundaries to the exterior boundaries of the neighboring lots, without reference to structures existing on either lot(s).

Additional required notice. If the notice is mailed as required above, then the notice shall also be:

a.

Posted along public streets. Posted, at least 14 days before the public hearing, along public streets within 500 feet of the subject site's boundaries or 300 feet for minor variances, minor use permits and sign exceptions.

b.

On-site posting requirements. The sign shall be posted, at least 14 days before the public hearing, in the following manner:

(1)

For corner lots, signs shall be posted on each street frontage.

(2)

The sign(s) shall be located in a conspicuous place on the property abutting a street not more than 10 feet inside the property line but no closer than five feet to a property line.

(3)

The sign(s) may be posted in windows when there is an existing structure on site that is not set back from the street.

(4)

The Zoning Administrator may approve deviations to these requirements in order to meet the intent of these noticing provisions.

(5)

Each sign shall comply with the following:

a.

The sign shall be 12 feet square in sign area, generally measuring three feet by four feet.

b.

The sign shall not exceed six feet in height from the ground level; provided, that if the property is surrounded by fences, walls, or hedges at or near the street property line, additional height may be provided as necessary to ensure visibility of the sign from the public right-of-way.

c.

The sign shall not be illuminated.

d.

The sign shall include all of the factual information about the pending application in compliance with Subsection A. (Contents of notice), above.

e.

The size, style, and color of the sign's lettering shall be the specifications approved by the Zoning Administrator.

f.

Support elements for the sign shall be made of four-inch by four-inch wood posts.

g.

A Building Permit shall not be required for the posting of a sign installed in compliance with this Subparagraph.

h.

The sign shall remain in place until the expiration of the appeal period following a decision by the review authority. If the application has been appealed or called for review, the sign shall remain in place with the new hearing date noted until the final decision is rendered. The sign shall be removed within 10 days of either the appeal period or the final decision, whichever applies.

i.

The applicant shall submit to the Zoning Administrator an affidavit verifying that the sign was posted on the subject site in a timely manner in compliance with this Subparagraph.

(6)

Failure to post the sign, to include the required information, or to comply with applicable placement or graphic standards or requirements may result in the delay of the required public hearing.

(7)

To ensure consistency in appearance and information on the sign, the sign would be printed on card stock by the City and given to the applicant. The applicant would then staple or nail the sign to the plywood or posts or locate the sign on a storefront window.

c.

Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection B.1 above is more than 1,000, the Director may choose to provide the alternative notice allowed by State law (Government Code Section 65091(a)(3)).

d.

Additional optional notice. In addition to the types of notice required by Subsections B. and C., above, the Director may provide additional notice with content or use a distribution method as the Director determines is necessary or desirable (e.g., use of a greater radius for notice, use of the Internet, etc.).

(Ord. No. 7414, § 13, 9-11-2023; Ord. 7160 § 70, 2009; Ord. 7074, § 8, 2006)

After the completion of environmental documents required by the California Environmental Quality Act (CEQA) and the City'sEnvironmental Policy Guidelines, the matter shall be scheduled for public hearing on a Hearing Officer, Environmental Administrator, Board of Zoning Appeals (BZA), Design Commission (DC), Historic Preservation Commission (HPC), Commission, or Council agenda (as applicable).

(Ord. 7057 § 27, 2006)

A.

Holding of hearings. The applicable review authority shall conduct the public hearing at the date, time, and place described in the public notice required by this Chapter.

B.

Testimony. The applicable review authority shall hear testimony regarding the subject application from any interested party.

C.

Continuances. If a hearing cannot be completed on the scheduled date, the presiding review authority, 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. A hearing may be continued two times in a 90-day period. After two continuances or a 90-day period, the hearing shall be renoticed in accordance with Chapter 17.76 (Public Notice). Upon renoticing, a case may be continued two times in a 90-day period before renoticing is required again.

D.

Additional notice not required. Additional notice for the continued hearing shall not be required.

(Ord. 7169, § 24, 2009)

A.

Decision.  

The review authority (Hearing Officer, Environmental Administrator, Board of Zoning Appeals (BZA), Design Commission (DC), Historic Preservation Commission (HPC), Commission, or Council, as applicable) shall 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 a later meeting agenda in compliance with Section 17.76.040 (Hearing Procedures).

The Hearing Officer may instead refer the matter directly to the Board of Zoning Appeals (BZA) for a determination. A referral will require a new noticed hearing before the Board of Zoning Appeals (BZA), as applicable.

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 notice.  

Following the date that the final decision or recommendation is rendered by the applicable 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 the notice.

(Ord. 7057 § 28, 2006)

A.

Commission's action. At the conclusion of a public hearing on an Amendment (e.g., Adjustment Permit, General Plan, Zoning Code, or Zoning Map), a Development Agreement, Master Plan, or a Specific Plan, the Commission shall forward a written 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.