Chapter 17.122 — PUBLIC NOTICES AND HEARINGS

This Chapter provides procedures for public hearings required by these Zoning Regulations. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter.

• A. Generally. When these Zoning Regulations require a public hearing before a decision on a permit or other discretionary entitlement, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094, 65096, and 66451.3; Public Resources Code 21000 et seq.; and as required by this Chapter.

• B. Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.

  1. Hearing Information. The date, time, and place of the hearing and the name of the review authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public’s right to appear and be heard); and the phone number, street address, and email or website address of the City department where an interested person could call or visit to obtain additional information.

  2. Project Information. The date of filing and the name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text 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, Mitigated Negative Declaration, final Environmental Impact Report, or statement of exemption from the requirements of California Environmental Quality Act (CEQA) has been prepared for the project in compliance CEQA and the City ’ s CEQA Guidelines , the hearing notice shall include a statement that the review authority will also consider approval (or recommendation of adoption/approval for an application requiring Council action) of the proposed Negative Declaration, Mitigated Negative Declaration, certification of the final Environmental Impact Report, or statement of exemption.

  4. Statement Regarding Challenges of City Actions. A notice substantially stating all of the following: "If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or before, the public hearing" in compliance with Government Code Section 65009(b)(2).

  5. Statement Regarding Commission’s Recommendations. For Council items that involve a recommendation from the Planning Commission, the notice shall contain the Planning Commission’s recommendations.

• C. Method of Notice Distribution. Notice of a public hearing required by this Chapter, and any other type of notice specified in Article 6 (Permit Processing Procedures), shall be given as follows, as required by Government Code Sections 65090 and 65091.

  1. Mailing. Notice shall be mailed or delivered not less than five days before the scheduled hearing to the following:

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• a. Project Site Owners, Agent(s), and Applicant. The owners of the property being considered in the application, the owners' agent(s), and the applicant, in addition to the owner(s) of any mineral rights for maps in compliance with Government Code Section 65091(a)(2);

  • b. Local Agencies. 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;

  • c. Affected Owners. All owners of real property as shown on the latest assessment rolls of the City or of the County, located within a radius of 300 feet, or a different radius as specified in the actual permit requirements of Division 6 (Permit Processing Procedures), 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. Affected Occupants . All occupants/tenants of owners at addresses located within a radius of 300 feet, or a different radius as specified in the actual permit requirements of Division 6 (Permit Processing Procedures), of the exterior boundaries of the parcel that is the subject of the hearing; and

  • e. Persons Requesting Notice. Any person who has filed a written request for notice with the Director or City Clerk.

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

3. Additional Notice. In addition to the types of notice required above, the Director may require any additional notice with content or using a distribution method (e.g., posting on the City’s web site) as the Director determines is necessary or desirable, including posting a notice on the property.

After the completion of any environmental document required by CEQA , the City ’ s CEQA Guidelines, and a Department staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Director, Planning Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.

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

• B. Continued Hearing. Any hearing may be continued from time to time without further notice, provided that 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.

C. Deferral of Final Decision

1. The review authority may announce a tentative decision and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.

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2. The date of the final action shall be as described in the motion, ordinance, or resolution that incorporates the findings and/or conditions.

• D. Summary Information. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case.

• E. Formal Rules of Evidence or Procedure Not Applicable. Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to these Zoning Regulations, except as otherwise required by the City Charter or the Municipal Code, in compliance with Government Code Section 65010.

• A. Director’s or Planning Commission’s Decision. The decision of the Director or Planning Commission is final and effective after 5:00 PM on the 10[th] day following the actual date the final decision is rendered if no appeal of that decision has been filed in compliance with Chapter 17.12 6XX (Appeals).

B. Council’s Decision.

1. Adopted by Ordinance. A decision of the Council adopted by ordinance is final and shall become effective on the 31[st] day following the date the ordinance is actually adopted by the Council, unless otherwise provided in the adopting ordinance. For example, an ordinance adopted on October 1[st ] will actually be effective on November 1[st] .

2. Adopted by Resolution. A decision of the Council adopted by resolution is final and shall be effective on the date the decision is rendered.

3. Contingent on Future Date or Event. The Council may take a final action and make it contingent on a future date or event.

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