Chapter IV — Public Hearings — San Ramon Zoning Code

Contents:

D7-23 - Purpose

D7-24 - Notice of Hearing

D7-25 - Scheduling of Hearing

D7-26 - Hearing Procedure

D7-27- Review Authority Decision and Notice D7-28 - Recommendation by Commission D7-29- Effective Date of Decision

D7-23 - Purpose

This Chapter establishes procedures for public hearings before the Zoning Administrator, Commission, and Council.

D7-24 - Notice of Hearing

When a land use permit, or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with 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:
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’ right to appear and be heard); 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; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and
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 provisions of the California Environmental Quality Act (CEQA) and the City’ Environmental Guidelines, the hearing notice shall include a statement that the review authority will also consider approval of the proposed Negative Declaration or certification of the final Environmental Impact Report.
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, 65091, and 65854).

1. Mailed notice.

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  - a. **Who shall receive notice.** Notice shall be mailed or delivered at least 10 calendar days before the scheduled hearing, or if a proposed ordinance or amendment affects the permitted uses of real property, the notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing to the following: 

     1. **Owners of proposed site.** The owners of the property being considered in the application, or the owners' agent, and the applicant. 

     2. **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.

Property owners. All owners of the real property shown on the latest equalized assessment roll within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the hearing.
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  4. **Persons requesting notice.** Any person who has filed a written request for notice with the Zoning Administrator and has paid the fee established by the City’ Fee Schedule for the notice. 
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1. Additional notice required. If the notice is mailed as required in Subparagraph B.1, above, the notice shall also either be:
  - a. Published . Published at least once in a newspaper of general circulation in the City at least 10 or 20 days, as applicable, before the scheduled hearing; or
  - b. Posted. Posted at the Department and at two other public locations in the City at least 10 or 20 days, as applicable, before the scheduled hearing.
2. Alternative to mailed notice. 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 Zoning Administrator may choose to provide the alternative notice allowed by Government Code Section 65091.
3. Additional optional notice. In addition to the types of notice required by this Subsection, the Zoning Administrator may provide additional notice with content or using a distribution method as the Zoning Administrator determines is necessary or desirable (e.g., use of a greater radius for notice, use of the Internet, etc).

C. Notice for continued public hearing items. As determined by the Zoning Administrator, in combination with the sensitivity of the proposed project, notice for continued public hearing items may occur in the following manner:
1. Announcement at previous public hearing. Items continued to a date, time and location certain at the previous public hearing shall constitute the required notification for the future public hearing .
2. Mailed notice. See subsection D7-24.B.1 above.
3. Posted notice. Notice may also be provided in accordance with subsection D7-24.B.2 and B.3 above.

(Ord. No. 534, § 1 (Exh. A-5), 10/14/2025)

Effective on: 11/13/2025

D7-25 - Scheduling of Hearing

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

D7-26 - Hearing Procedure

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

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B. Testimony. The review authority shall hear testimony regarding the subject application from any interested party.
C. Continuance. A hearing may be continued from time-to-time without further notice; provided, the chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
D. Deferral of final decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

D7-27- Review Authority Decision and Notice

A. Decision. The review authority (Zoning Administrator, Commission, or Council, as applicable) shall 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 D7-26 (Hearing Procedures), above.
B. Action of Zoning Administrator. The Zoning Administrator may take appropriate action or instead refer the matter to the Commission for a determination. A referral will require a new noticed hearing before the Commission in compliance with this Chapter.
C. Decision of Council is final. The decision of the Council on any matter shall be final.
D. Notice of decision.
1. Provision of notice. Within 10 calendar days of a final decision on an application for a permit or other approval required by this Zoning Ordinance, the City shall provide notice of its final decision to the applicant and to any person who specifically requested notice of the City’s final action.
2. Contents of notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City, and the procedures for appeal.

D7-28 - Recommendation by Commission

A. At the conclusion of a public hearing on an amendment (e.g., General Plan, Zoning Map, or Zoning Ordinance), a development agreement, or a specific plan, the Commission shall forward a written recommendation, including all required findings, to the Council for final action.
B. Following the hearing, a copy of the Commission's recommendation shall be mailed to the applicant at the address shown on the application.

D7-29- Effective Date of Decision

A. Zoning Administrator or Commission decision. The decision of the Zoning Administrator or Commission is final and effective on the 11th calendar day following the date the decision is rendered, unless an appeal is filed in compliance with Division D7, Chapter II (Appeals and Calls for Review).
B. Council decision.
1. Permit or appeal. A permit application or appeal shall become effective immediately on the date the final decision is rendered by the Council.
2. General Plan amendment. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council.

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Zoning Map or Zoning Ordinance amendment. A Zoning Map or Zoning Ordinance amendment shall become effective on the 31st day following the adoption of an ordinance by the Council.