Chapter 21.26 — PUBLIC HEARINGS AND NOTICE

This chapter establishes procedures for public hearings and notice of certain decisions required by this zoning code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Hearing Requirements. Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of state law as follows:

Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. Hearings are not required to be conducted according to technical rules relating to evidence and witnesses.

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

Scheduling. Hearings before the city council shall be scheduled by the city clerk. All other hearings shall be scheduled by the zoning administrator.

B.

Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.

C.

Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

D.

Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

E.

Continuance of Public 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.

F.

Investigations. The hearing body may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by city staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the review authority.

G.

Decision. The public hearing shall be closed before a vote is taken.

H.

Deferral of Final Decision. The hearing body may announce a tentative decision and defer action on a final decision until appropriate findings and/or conditions have been prepared.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Unless otherwise specified, whenever the provisions of this title require public notice, the city shall provide notice in compliance with state law and the following:

A.

Contents of Public Hearing Notice. Notice of a public hearing shall include all of the following information, as applicable:

Process Information.

a.

The name of the hearing body;

b.

The date, time and place of the hearing or the date of action when no public hearing is required; and

c.

A brief description of the city's general procedure concerning the submission of public comments and conduct of hearings and decisions (such as the public's right to appear and be heard).

Project Information.

a.

The name of the applicant and owner of the subject property;

b.

The city's file number(s) assigned to the application;

c.

A general explanation of the matter to be considered;

d.

Whether any modifications to development standards are proposed; and

e.

A general description, in text or by diagram, of the location of the property that is the subject of the hearing.

Statement on Environmental Document. A statement on compliance with the California Environmental Quality Act (CEQA) and the city's CEQA Guidelines and whether the review authority will consider approval of a notice of exemption, a proposed negative declaration or mitigated negative declaration, or certification of a proposed final environmental impact report, as applicable.

B.

Methods of Notice of Public Hearings. Notice of public hearings shall be provided by the department as follows:

Mailed Notice. Postmarked at least ten calendar days before the date of the public hearing, the zoning administrator, or the city clerk for hearings before the city council, shall provide notice by First Class mail delivery to:

a.

The applicant for the proposal in question and the owner of the subject property;

b.

The owners and occupants of all real property within three hundred feet of the site of the proposal in question;

c.

Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected; and

d.

Any person or group who has filed a written request for notice regarding the specific application.

Alternative Method for Large Mailings. If the total number of owners and occupants to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the zoning administrator or city clerk may choose to provide the alternative notice allowed by California Government Code Section 65091(a)(4).

Newspaper Notice. At least ten days before the date of the public hearing, notice shall be published in a newspaper of general circulation.

Posted Notice. At least ten days before the date of the public hearing, notice (no less than eleven inches by seventeen inches) shall be posted in a format approved by the department in a prominent place on or near the subject property site.

Additional Notice. In addition to the types of notice required above, the zoning administrator may require any additional notice with content or using a distribution method (such as posting on the city's web site) as the zoning administrator determines is necessary or desirable.

C.

Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailed notice.

D.

Street Abandonments. Public hearings for review of street abandonments shall be noticed as required by the California Streets and Highways Code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

See Subsection 21.15.050(B) (Site Plan) for notice requirements associated with development review committee meetings for site plan review.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)