Pismo Beach Municipal Code Ch. 17.58 Public Hearings

This chapter provides procedures for public hearings before the commission and council. When a public hearing is required by this Zoning Code, public notice shall be given and the hearing shall be conducted as provided by this chapter.

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 required by this chapter.

A. Contents of Notice. Notice of a public hearing shall include:

1. Hearing Information. The date, time, and place of the hearing and the name of the hearing body; a brief description of the city's general procedure concerning the conduct of hearings and decisions; and the phone number and street address of the department, where an interested person could call or visit to obtain additional information;

2. Project Information. The date of filing of the application and the name of the applicant; the city's file number assigned to the application; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing;

3. Statement on Environmental Document. If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the Pismo Beach CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed negative declaration or certification of the final environmental impact report; and

4. Coastal Zone Information. If the proposed development is within the coastal zone, the notice shall also include a statement that the development is within the coastal zone.

B. Method of Notice Distribution. Notice of a public hearing required by this chapter 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 ten days before the hearing.

2. Mailing. Notice shall be mailed or delivered at least ten days before the hearing to the following:

a. Owner(s) of Proposed Site. The owner(s) 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 schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

c. Affected Owners. All owners of real property as shown on the latest San Luis Obispo County equalized assessment roll, within a radius of three hundred feet of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property might, in the judgment of the director, be affected by the proposed project;

d. Nearby Residents. If the proposed development is within the coastal zone, each dwelling unit within one hundred feet of the exterior boundaries of the parcel that is the subject of the hearing;

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

f. Coastal Commission. The Coastal Commission, if the proposed development is within the coastal zone.

3. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (B)(2) above is more than one thousand, the director may choose to provide the alternative notice allowed by State law (Government Code Section 65091(a)(3)), except for developments within the coastal zone.

4. Posting. Notice shall be posted on the subject parcel in compliance with city standards.

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.

This section provides for the waiver of a public hearing on a development that is appealable to the Coastal Commission, in compliance with Public Resources Code Section 30624.9.

A. Applicability. A public hearing that would otherwise be required prior to city action on a minor development that is appealable to the Coastal Commission may be waived only for a development which:

1. Is consistent with the certified local coastal program;

2. Requires no discretionary approval other than site plan and architectural review by the director; and

3. Has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.

Minor development shall include single family homes and additions to single family homes, and other development determined by the review authority to meet the above criteria.

B. Criteria for Waiver. A public hearing may be waived for minor development if both of the following occur:

1. Notice that a public hearing shall be held upon request by any person is provided by the city to all persons who would otherwise be required to be notified of a public hearing by Section 17.58.020(B) (Method of Notice Distribution), as well as any other persons known to be interested in receiving notice; and

2. No request for public hearing is received by the city within fifteen working days from the date of the city sending the notice.

C. Content of Notice. The notice shall contain all information required by Section 17.58.020(A) (Contents of Notice), and shall also provide a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the city on a land use permit application.

The California Code of Regulations, Title 14, Section 13568b, requires that all development within the coastal zone (except that which is categorically excluded) must receive public notice regardless of whether this Zoning Code requires a public hearing before the development can be approved or disapproved. Public notice requirements for projects requiring a public hearing are provided in Section 17.58.020. This section provides notice requirements for projects requiring zoning clearance, or site plan and architectural review by the director, which are not appealable to the Coastal Commission in compliance with Public Resources Code Section 30603, and which are not categorically excluded.

A. Distribution of Notice. Within ten days of accepting a land use permit application for a non-appealable development, or at least ten days before the city's decision on the application, the city shall provide notice, by first-class mail, of the pending development approval, to:

1. All persons who have requested to be on the mailing list for the particular project or for decisions by the city within the coastal zone;

2. All owners of real property as shown on the latest San Luis Obispo County equalized assessment roll, and residents, within a radius of one hundre feet of the exterior boundaries of the parcel involved in the application; and

3. The Coastal Commission.

B. Content of Notice. The notice shall contain the information required for public notices by Section 17.58.020(A), and the following:

1. The date the application will be acted upon by the city's review authority;

2. The city's general procedure concerning the submission of public comments either in writing or orally before the decision is rendered; and

3. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held before the decision is rendered.

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and a department staff report, the matter shall be scheduled for public hearing on the next available commission or council agenda (as applicable), but no sooner than twenty-one days after the posting of a proposed negative declaration.

Hearings shall be held at the date, time, and place described in the public notice required by this chapter. Any hearing may be continued from time to time, provided that before the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time, and place to which the hearing will be continued.

At the conclusion of any public hearing on a proposed amendment to the general plan/local coastal plan, this Zoning Code, the zoning map, or other provision of the certified local coastal program, a development agreement, or a specific plan, the commission shall forward a recommendation, including all required findings, to the council for final action.

Following the hearing, a copy of the commission's recommendation shall be mailed to the applicant at the address shown on the application.

A. Decision. The hearing body (director, commission, or council, as applicable) may announce and record their 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 17.58.060 (Hearing Procedure). At the conclusion of a hearing conducted by the director, the director may instead refer the matter to the commission for determination. The decision of the council on any matter except a local coastal program amendment (see Section 17.56.090) shall be final.

B. Notice of Decision. The notice of decision shall contain applicable findings, 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. Following the hearing and decision, a notice of the decision and any conditions of approval shall be provided in compliance with Section 17.44.030 (Final City Action on Land Use Permits).

The decision of the director or commission is final and effective on the eleventh day following the decision unless an appeal is filed in compliance with Chapter 17.54 (Appeals), and except for local coastal program amendments (Section 17.56.090).