Simi Valley Municipal Code Ch. 9-74 Public Hearings

This Chapter establishes procedures for public hearings before the Director, Commission, and Council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted in compliance with this Chapter.

(§ 5, Ord. 1085, eff. January 6, 2006)

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 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 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 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 (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) has been prepared for the project, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the Simi Valley Environmental Review Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the draft Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR).

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

1. Mailed notice required.

a. Who shall receive notice. Notice shall be mailed, or delivered, at least 10 days before the date of the hearing, through the United States mail with postage prepaid, to:

(1) The applicant(s) and owner(s) of the subject property, if different from the applicant, or the owner's agent;

(2) 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;

(3) All owners and occupants of real property situated in whole or in part within a radius of 300 feet of the exterior boundaries of the Assessor's Parcel(s) on which the proposed use or structure is to be located; and

(4) Any person who has filed a written request for notice with the Director and has paid the fee established by the City's Schedule of Service Charges for the notice.

b. Measurement of 300-foot radius. The 300-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels, without reference to structures existing on either parcel(s); and

c. Names and addresses. The names and addresses used for the mailing shall be provided by the applicant from the County's last equalized assessment roll.

2. Additional required notice.

a. Newspaper publication required. Notice shall also be given by publication in a newspaper of general circulation within the City, in compliance with State law (Government Code Section 65090), at least 10 days before the date of the hearing.

b. Sign posting required for all Planning Commission and City Council public hearings. For Planning Commission and City Council hearings, the applicant shall post a four by eight foot sign in a conspicuous place on the subject property by 12:00 noon, a minimum of 12 days before the date of the public hearing, in compliance with the requirements provided by the Department, except when the:

(1) Number of notices to be mailed is greater than 1,000; or

(2) City initiates the project, the City does not own or control the property, and the property is subject to a General Plan consistency Zoning Map amendment only.

Then the property is exempt from the sign posting requirements.

C. Alternative to mailing. 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 Director may approve alternative notices as provided by State law [Government Code Section 65091(a)(3)].

D. Additional optional notice. In addition to the types of notice required by Subsections B and C, above, the Director may allow additional notice with content or using a distribution method as the Director determines is necessary or desirable (e.g., use of a greater radius for notice or use of the Internet).

(§ 5, Ord. 1085, eff. January 6, 2006)

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and the Simi Valley Environmental Review Guidelines, the matter shall be scheduled for public hearing on a Director, Commission, or Council agenda (as applicable).

(§ 5, Ord. 1085, eff. January 6, 2006)

A. Hearing procedures. The applicable review authority (Director, Commission, or Council, as applicable) shall hold at least one public hearing on any duly filed application that requires a discretionary decision. All public hearings shall be conducted in compliance with State law and this Development Code. Public hearings are divided into the following two areas:

1. Director's administrative hearing.

a. Public hearing notice. The Director's administrative hearing shall be noticed in compliance with Section 9-74.020(B). (Method of notice distribution), above.

b. The hearings shall be:

(1) Conducted by the Director;

(2) Conducted in a manner to allow the applicant and all other interested parties to be heard and present their positions on the matter in question; and

(3) Recorded in the form of minutes together with the findings made which support the decision.

c. Deferral of decisions. The Director may defer a decision on any project normally subject to the Director's review to the Commission at any time before the decision.

2. Commission or Council public hearing. All other public hearings not specifically allowed as a Director's administrative hearing in compliance with Subsection (A)(1) (Director's administrative hearing), above shall be conducted by the Commission or the Council, as applicable, in compliance with the requirements of State law and this Development Code.

B. Referrals. Any applicable review authority may refer a matter back to the preceding review authority for further report, information, or study.

C. Decisions.

1. Decision options.

a. The applicable review authority hearing a discretionary matter may approve, disapprove, or modify, wholly or partly, the request being reviewed.

b. The authority may impose conditions and limitations as it deems reasonable and necessary to ensure that the approval would be in compliance with the applicable findings, to ensure that the general purpose and intent of this Development Code and its various articles will be observed, and that the public health, safety, and welfare will be served.

c. In the absence of any provision to the contrary in a decision granting a request, the request is granted as identified in the application. All conditions and restrictions applied to a decision on a project not appealed shall automatically continue to govern and limit the subject use or structure.

2. Notice of decision.

a. The Department shall provide the review authority's decision in resolution or letter form to:

(1) The applicant or appellant, as the case may be, in care of the address appearing on the application or other address designated in writing by the applicant or appellant;

(2) The property owner, if different from the applicant;

(3) The authority or agency whose decision is the subject of an appeal; and

(4) All other persons who have filed a written request for notice.

b. The notice shall be provided within 30 days following the date the decision is final, in compliance with Subsection (C)(3) (Finality of decision), below.

3. Finality of decision.

a. An administrative decision or a decision of the Commission shall become final and conclusive at the expiration of the decision's appeal period unless before the expiration of this period an appeal, in proper form and addressed to the appropriate review authority, is duly filed in compliance with Chapter 9-76 (Appeals).

b. The filing of the appeal shall automatically stay all proceedings in furtherance of the subject application request.

c. Neither the applicant nor any enforcement agency may rely on a review authority's decision until the expiration of the decision's appeal period or until the appeal has been resolved, whichever period expires later.

(§ 5, Ord. 1085, eff. January 6, 2006)

At the conclusion of any public hearing on an amendment (Development Code or Zoning Map), a development agreement, General Plan Amendment, Specific Plan Amendment, a General Plan, or a Specific Plan, initiated by any party other than the City Council, the Commission shall forward a written recommendation, including all required findings, to the Council for final action, and a recommendation to the City Council regarding a General Plan Amendment, Specific Plan Amendment, General Plan or a Specific Plan requires a minimum of three affirmative votes. If a minimum of three affirmative votes are not obtained, then the Amendment is denied and is subject to the appeal process. If an amendment is initiated by the City Council, the item will automatically be forwarded to the City Council with a discussion of the Planning Commission's action, regardless of whether three affirmative votes were provided by the Planning Commission.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009)

A decision of the Director or Commission (other than a recommendation in compliance with Section 9-74.050, above) shall become effective at the conclusion of the applicable appeal period at the close of business on the 14th day following the date of application approval by the appropriate review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 9-76 (Appeals).

(§ 5, Ord. 1085, eff. January 6, 2006)

A. Holding of hearings. Hearings shall be held at the date, time, and place described in the public notice required by this Chapter.

B. Continuances. If it is necessary to continue the hearing or decision or any matter before the review authority, the person presiding at the hearing shall, before the adjournment or recess of the hearing, do one of the following:

1. Announce the date, time, and place to which the decision is continued. If a date is announced for a continued hearing, then additional public notice for the continued hearing shall not be required.

2. Continue the decision to a date uncertain. If no date is announced for a continued hearing, then a new public notice shall be required.

(§ 5, Ord. 1085, eff. January 6, 2006)