§ 36.630

This Division establishes procedures for public hearings before the Commission and Council. When a public hearing is required by this Zoning Code, public notice shall be given and the hearing shall be conducted as provided by this Division.

(Ord. No. 2108 § 1; Ord. No. 2394 § 4 (Exh. A), 2025.)

When a zoning approval 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, 65092, 65094, 65854 and 66451.3, and Public Resources Code Section 21000 et seq.), and as required by this division.

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. Application information. The name of the applicant; the City’s file number assigned to the application; a general explanation of the matter to be considered; 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 draft Negative Declaration or Environmental Impact Report has been prepared for the project, the hearing notice shall include a statement that the hearing body will also consider approval of the draft Negative Declaration or certification of the final Environmental Impact Report.

4. Effect of City action. The following statements, which are intended to alert the recipient to the possible effects that could result from the City approving the subject amendment:

a. General Plan or specific plan. A General Plan or specific plan amendment could result in a change in the manner (e.g., a change from residential to commercial, commercial to business park, or commercial or business park to residential) in which the subject parcels may be used or in the allowed intensity or density of the project.

b. Zoning Code. A Zoning Code amendment could modify any allowable land use, standard, requirement, or procedure applicable to construction of a project within the City.

c. Zoning Map. A Zoning Map amendment could have the effect of rezoning property from one zoning district to another (e.g., a change from residential to commercial, commercial to business park, or commercial or business park to residential) or in the allowed intensity or density of the project.

B. Method of notice distribution. Notice of a public hearing required by this division for an amendment, appeal, or entitlement shall be given as follows, as required by State law:

1. Mailing.

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

• (1) The owners of the property being considered or the owner’s agent and the applicants;

(2) Each local agency expected to provide schools, water, sewage or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

(3) All owners of real property as shown on the County’s latest equalized assessment roll and all occupants of the real property, located within a 300-foot radius of the subject parcel. The 300-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of neighboring parcels within the 300-foot radius, without reference to structures existing on the parcels; and

(4) Any person who has filed a written request for notice with the Director.

b. The 300-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels within the 300-foot radius, without reference to structures existing on either parcels.

c. Notwithstanding subsection (B)(1)(a) of this section, notice of a public hearing of the Planning Commission for a Zoning Code or Zoning Code amendment that affects the permitted uses of real property shall be mailed, or delivered through the United States mail, postage prepaid, at least 20 days before the hearing to the parties described in subsection (B)(1)(a) of this section.

2. Publication. In addition to the mailing or delivery identified in subsection (B)(1) of this section, the notice shall also be published at least once in a local newspaper of general circulation within the City at least 10 days before the hearing. If the notice is for a public hearing of the Planning Commission for a Zoning Code or Zoning Code amendment that affects the permitted uses of real property, the notice shall be published as provided herein at least 20 days before the hearing.

3. Site posting. If applicable, the subject property shall be posted with a sign, in keeping with the following standards:

a. Contents of notice. The public hearing sign shall include all the information required in subsection (A) of this section.

b. Dimensions. Public hearing signs shall be posted with the following dimensions:

(1) Projects in mixed-use, commercial and multifamily residential districts: minimum dimensions of two feet by two feet. Larger signs are allowed provided they do not exceed 12 square feet and are either square or rectangular. Public hearing signs shall not exceed six feet in height.

(2) Projects in single-family residential districts: minimum dimensions of 11 inches by 17 inches.

c. Materials and specifications. Public hearing signs and all support elements shall be nonilluminated and constructed of materials capable of withstanding wind and weather for the duration of the required posting time. The Director shall have the authority to determine the appropriate materials and specifications for all public hearing signs. The Director shall determine any further specifications regarding the format, letter size, style, and color of such signs.

d. Location. Public hearing signs shall be located in a conspicuous and visible place, parallel to the primary street, sidewalk, and/or right-of-way. Public hearing signs shall be located at least five feet from any lot line but not more than 10 feet from the front lot line.

(1) As an alternative, if the sign cannot be posted in this manner, the Director shall approve an alternative posting location. This may include, but is not limited to, posting the public hearing sign on a building, in a window, or in another conspicuous place as allowed by the constraints of the subject property.

e. Multiple frontages. For parcels with multiple street frontages, including corner lots, a public hearing sign shall be required on each frontage.

f. Posting period. A public hearing sign shall be posted on the subject property at least 10 days prior to the scheduled public hearing and shall remain on the site until a final decision is rendered, the project is withdrawn, or for another unforeseen but practical reason, as approved by the Director. If necessary, the sign shall be updated with current information, such as a rescheduled date or another public hearing for an appeal.

g. Sign posting verification. Upon posting, the applicant shall submit documentation to the Director, including photographs that clearly show the location and content of the sign, verifying that the sign was posted in a timely manner in compliance with this subsection (B)(3).

h. Removal. The public hearing sign shall be removed within 10 days of the expiration of the appeal period, final decision, or withdrawal of the project. The applicant shall notify the Director in writing that the public hearing sign has been removed.

i. Failure to post the site. Failure to post the subject property with a public hearing sign, to include the required information, to update hearing information as necessary, or to comply with applicable standards may result in a delay to the scheduled public hearing.

C. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (B)(1) of this section is more than 1,000, the Director may choose to provide the alternative notice allowed by State law (Government Code Section 65091(a)(4)).

D. Additional optional notice. In addition to the types of notice required by subsections (B) and (C) of this section, the Director may provide 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, by email, through website or social media, etc.).

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020; Ord. No. 2394 § 4 (Exh. A), 2025.)

After the completion of the public comment period for an environmental document required by the California Environmental Quality Act (CEQA), the matter shall be scheduled for public hearing on a Director, CHC, Commission, or Council agenda (as applicable) at the earliest available date after the end of the public notification period in compliance with SPMC 36.630.020 (Notice of Hearing).

(Ord. No. 2108 § 1; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Decision.

1. The review authority (CHC, Commission, or Council, as applicable) shall announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, defer action and continue the matter to a later meeting agenda in compliance with SPMC 36.630.070 (Hearing Procedures).

2. The Director or Planning Commission Chair may instead refer the matter to the Planning Commission for determination at a noticed hearing.

3. The action of the Planning Commission shall be by resolution, adopted by the affirmative vote of not less than three members.

4. Project applications shall be reviewed within 30 days of submittal and either deemed complete if all application information and materials have been provided, or deemed incomplete if missing information and/or materials have been identified. Once complete, project applications shall be reviewed in compliance with the Permit Streamlining Act.

B. Notice of decision. The notice of decision identified in subsection (A) of this section shall contain any conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.

• C. Mailing of the notice.

1. Within five business days following the date that the final decision or recommendation is rendered by the review authority, notice of the decision shall be mailed to the applicant at the address shown on the application.

2. A copy of the notice of decision shall also be sent to the property owner, if different from the applicant, to all other persons who have filed a written request for notice, and to each member of the Council.

D. Planning Commission or Cultural Heritage indecision. When, for any reason, the Planning Commission or Cultural Heritage Commission is unable to reach a decision within 40 days after the close of the public hearing, the matter shall be deemed automatically appealed to the Council, without decision by the Commission. The City Clerk shall place the matter on the Council agenda and a de novo public hearing shall be held by the Council.

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Planning Commission action. At the conclusion of any public hearing on an amendment (e.g., General Plan, Zoning Map, or Zoning Code), a development agreement, or a specific plan the Commission shall forward a recommendation, including all required findings, to the Council for final action.

B. Mailing of recommendation. Within five business days following the hearing, a copy of the Commission recommendation shall be mailed to the applicant at the address shown on the application.

(Ord. No. 2108 § 1; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020.)

A decision of the Director, CHC, Commission or Planning Commission Chair (other than a recommendation in compliance with SPMC 36.630.050) is final and effective at the end of the business day on the fifteenth day following the decision, unless an appeal is filed in compliance with Division 36.610 (Appeals).

(Ord. No. 2108 § 1; Ord. No. 2394 § 4 (Exh. A), 2025.)

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

B. Continuances. If a hearing cannot be completed on the scheduled date, the presiding Councilperson or Commissioner, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued. Additional notice for a continued hearing is not required.

(Ord. No. 2108 § 1.)

Division 36.640. Enforcement

Sections:

36.640.010 Purpose of Division. 36.640.020 Zoning Approvals and Licenses. 36.640.030 Official Duty to Enforce. 36.640.040 Violations. 36.640.050 Remedies are Cumulative. 36.640.060 Inspection. 36.640.070 Zoning Approval Revocation or Modification. 36.640.080 Initial Enforcement Action. 36.640.090 Legal Remedies. 36.640.100 Recovery of Costs. 36.640.110 Additional Processing Fees. 36.640.120 Reinspection Fees.