Santa Rosa Zoning Code Ch. 20-66 Public Hearings (§

The Director is authorized to give notice of public hearings to be held by the Zoning Administrator, DRPB, or Commission, under the provisions of this Zoning Code.

(Ord. 3677 § 1, 2004; Ord. 2025-003, 2/25/2025)

When a land use permit, Variance, or other matter is required by State law or this Zoning Code to have a public hearing, the public shall be provided notice of the hearing in compliance with the provisions of this Chapter.

A.

Authority to give notice.

1.

The Director is authorized to give notice of public hearings to be held by the Zoning Administrator, DRPB, or Commission, under the provisions of this Zoning Code.

2.

The City Clerk is authorized to give notice of public hearings to be held by the Council, under the provisions of this Zoning Code.

3.

A defect (failure) in the notice procedure shall not affect the jurisdiction or authority of a review authority to take action on a matter, unless otherwise provided by law applicable to and binding upon a charter city.

B.

Contents of notice. The contents of a notice of a public hearing shall be as follows, except where another provision of this Zoning Code requires that a notice provide different information.

1.

Hearing information. The notice shall provide the following information about a scheduled public hearing, except in the case of a Minor Conditional Use Permit (see Section 20-52.050.E.2), Minor Variance or Minor Adjustment (see Section 20-52.060.F).

a.

The date, time, and place (e.g., address, room, etc.) of the hearing and the name of the review authority holding the hearing;

b.

A brief description of the City's general procedure concerning the conduct of hearings and decisions;

c.

A statement that:

(1)

Any interested person is invited to appear and be heard on the request or proposal,

(2)

Anyone so requesting in writing filed with the Department shall be notified of the action taken on the application in question, and

(3)

In the case of a Minor Conditional Use Permit, the Zoning Administrator will decide whether to approve or disapprove the application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision;

The phone number and street address of the Department, where an interested person could call or visit to obtain additional information; and

e.

Any additional information as may be required by State or Federal law applicable to and binding upon the City, including information required under the City's implementation of the Americans with Disabilities Act (ADA).

2.

Project information. 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 by diagram, of the location of the property that is the subject of the hearing; and

3.

Statement on environmental document. If a draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report has been prepared for the project, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's environmental review procedures identified in Title 17 of the City Code, the hearing notice shall include a statement that the hearing body would also consider approval of the draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report. C.

Method of notice distribution. Notice of a public hearing required by this Chapter for a land use permit, Variance, or other matter shall be given as follows:

1.

Mailed notice.

a.

Who shall receive notice. Notice shall be mailed or delivered, at least 10 days before the date of the scheduled public hearing, via first class mail with postage prepaid, to the following:

(1)

The applicant, if any, or the applicant's agent as designated and authorized in writing by the applicant as part of the project application;

(2)

The owner of the subject property, if different from the applicant or if there is no applicant; or the owner's agent as designated and authorized in writing by the owner as part of the project application;

(3)

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;

(4)

All owners and occupants of real property that is located in whole or in part within a radius of 600 feet from the exterior boundaries of the Assessor's parcels that are the subject of the hearing, as shown on the last equalized assessment roll and its master index update. The 600-foot radius shall be measured from the exterior boundaries of the subject parcels to the exterior boundaries of the neighboring parcels, without reference to structures existing on either parcels;

(5)

Any person who has filed a written request for notice with the Director and has paid the fee established by the Council's Fee Schedule for the notice; and

(6)

Any additional persons as may be deemed appropriate by the Director, Commission, or Council. 2.