Article VII — Notice Provisions and Procedure for Public Hearings Before Planning…

The Planning Director shall give notices of all required public hearings held before the Planning Commission under this chapter. The City Clerk shall give notice of all required public hearings held before the City Council under this chapter. (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-19)

• (a) The notice shall contain:

  • (1) The date, time, and place of the hearing;

  • (2) The identity of the hearing body;

  • (3) A general explanation of the matter to be considered including a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing;

  • (4) The location or locations where a copy of the proposed development agreement may be viewed or had;

  • (5) Other information required by specific provisions of this chapter or which the Planning Director considers necessary or desirable.

• (b) The time and manner of giving notice is by:

  • (1) Publication at least ten days prior to the hearing at least once in a newspaper of general circulation within the city or if there is none, posting at least ten days prior to the hearing in at least three public places in the City.

  • (2) Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

  • (3) Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

  • (4) Mailing of the notice at least ten days prior to the hearing to all persons shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection (b)(4) or subsection (b)(2) is greater than one thousand (1,000), the Planning Director, or City Clerk, as applicable, may, in lieu of mailed or written notice, provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing.

• (c) The Planning Commission or City Council, as the case may be, may direct that notice of the public hearing to be held before it shall be given in a manner that exceeds the notice requirements prescribed by State law, but failure to comply with any excess notice procedure shall not invalidate a development agreement entered into by the City under this chapter. Pursuant to the excess notice requirements of this subsection (c) , it is recommended that notice of each public hearing called under this chapter should be mailed to the chair of the citizens advisory committee at least ten days prior to the hearing.

• (d) The notice requirements referred to in subsections (a) and (b) of this section are declaratory of existing law (Government Code Sections 65867 , 65090 , and 65091 ). If and when State law prescribes a different notice requirement, notice shall be given in that manner.

• (Ord. 1589 § 1, 7-5-1988; Formerly § 8B-20)

It is the intent of these regulations that the application for a development agreement will be made and considered simultaneously with the review of other necessary applications, including, but not limited to rezoning, planned commercial, residential or industrial development and conditional use permits. If combined with an application for rezoning, planned development or conditional use

permit, the application for a development agreement shall be submitted with said application and shall be processed, to the maximum extent possible, jointly to avoid duplication of hearings and repetition of information. A development agreement is not a substitute for, nor an alternative to, any other required permit or approval, and the qualified applicant or developer must comply with all other required procedures for development approval.

(Ord. 1589 § 1, 7-5-1988; Formerly § 8B-21)