Chapter 20.625 — PUBLIC HEARINGS

This Chapter provides procedures for public hearings required by this Zoning Code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter.

(Ord. 1017, 2013)

When this Zoning Code requires a public hearing before a decision on a permit, or for another matter, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090 through 65096 , and Public Resources Code 21000 et seq., and as required by this Chapter.

• A. Content of notice. Notice of a public hearing shall include all of the following information, as applicable.

  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's 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 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 or by diagram, of the location of the property that is the subject of the hearing.

  3. Statement on environmental document. If a proposed Negative Declaration, Mitigated Negative Declaration, final Environmental Impact Report, or statement of exemption from the requirements of CEQA has been prepared for the project in compliance with the California Environmental Quality Act

(CEQA) and the City's CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider approval (or recommendation of adoption/approval for an application requiring Council action) of the proposed Negative Declaration, Mitigated Negative Declaration, certification of the final Environmental Impact Report, or statement of exemption.

4. Statement regarding challenges of City actions. A notice substantially stating all of the following: "If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or before, the public hearing" in compliance with Government Code Section 65009(b)(2) .

• B. Method of notice distribution. Notice of a public hearing required by this Chapter shall be given as follows, as required by Government Code Sections 65090 and 65091 .

  1. Mailing. Notice shall be mailed or delivered at least 10 days before the scheduled hearing to the following:

     • a. Project site owners, agent(s), and applicant. The owners of the property being considered in the application, the owners' agent(s), and the applicant, in addition to the owner(s) of the mineral rights for maps in compliance with Government Code Section 65091(a)(2) ;

     • b. Local agencies. Any local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application;

     • c. Affected owners.

• (1) All owners of real property as shown on the latest equalized assessment roll, located within a radius of 300 feet of the exterior boundaries of the lot that is the subject of the hearing for Minor Use Permits, Minor Site Plan and Design Review, and similar permit procedures, for which the Director has decision-making authority.

     - (2) All owners of real property as shown on the latest equalized assessment roll, located within a radius of 500 feet of the exterior boundaries of the lot that is the subject of the hearing for Conditional Use Permits, Major Site Plan and Design Review, and similar permit procedures for which the Commission or Council has decision-making authority. 
  
     - (3) The Director shall have the authority to extend the radius at the Director's sole discretion. 
  
  - d. Persons requesting notice. Any person who has filed a written request for notice with the Director or City Clerk and has paid the required fee for the notice. 
  
  - e. Other person(s). Any other person(s), whose property might, in the judgment of the Director, be affected by the proposed project. 
  

  2. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subparagraph B. 1., above is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3) .

  3. Publication required. In addition to the notice required by Subparagraphs B.1. or B.2., above, notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing.

  4. Posting required. Notice shall be posted at least 10 days before the scheduled hearing in at least three public places within the City.

  5. Additional notice. In addition to the types of notice required above, the Director may require any additional notice with content or using a distribution method (e.g., posting on the City's web site) as the Director determines is necessary or desirable.

6. Failure of receipt of notice. Failure of property owners to receive notice of a hearing shall in no way affect the validity of action taken, as required by Government Code Section 65093 .

(Ord. 1017, 2013)

After the completion of any environmental document required by the California Environmental Quality Act (CEQA), the City's CEQA Guidelines, and a Department staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Director, Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law. (Ord. 1017, 2013)

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

• B. Continued hearing. Any hearing may be continued from time to time without further notice; provided that the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

• C. Deferral of final decision.

  1. The review authority may announce a tentative decision, and defer its action on a final decision until appropriate findings and/or conditions of approval have been prepared.

  2. The date of the final action shall be as described in the motion, ordinance, or resolution that incorporates the findings and/or conditions.

• (Ord. 1017, 2013)

• A. Recommendation and findings to the Council. After a public hearing on a proposed amendment to this Zoning Code, the General Plan, the Zoning Map, a development agreement, or a specific plan, the recommendation and findings of the Commission shall be forwarded to the Council.

• B. Recommendation and findings to the applicant. The recommendation and findings shall be mailed to the applicant at the address shown on the application.

• C. Recommendation included in notice. The recommendation shall be included in the required notice of the Council's public hearing.

• (Ord. 1017, 2013)

• A. Decision.

  1. The review authority may 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 20.625.040 (Hearing Procedure), above.

  2. Prior to making a decision, the Director may instead refer the matter to the Commission for review and final decision.

  3. The decision of the Council on any matter shall be final and conclusive.

  4. All decisions shall be in writing and, if required by law, shall contain written findings.

• B. Notice of decision.

  1. Provision of notice. Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final action 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 procedure for appeal.

• C. Notifying County Assessor. Whenever a Zoning Map amendment, Conditional Use Permit, Minor Use Permit, Minor Variance, or Variance is granted with respect to any property, the City shall, within 30 days, notify the County Assessor of the action in compliance with Government Code Section 65863.5 .

• (Ord. 1017, 2013)

• A. Director's or Commission's decision. The decision of the Director or Commission is final and effective after 5:00 p.m. on the 10th calendar day following the actual date the decision is rendered, when no appeal to the decision has been filed in compliance with Chapter 20.615 (Appeals).

• B. Council's decision.

  1. Adoption of ordinance. Council's action to adopt or amend a Development Agreement, a Specific Plan (adopted by ordinance), this Zoning Code, or the Zoning Map shall become effective on the 31st day following the date the ordinance is actually adopted by the Council.

  2. Adoption of resolution. Council's action to grant a permit or other approval or adopt or amend the General Plan or a Specific Plan (adopted by resolution) is final and shall become effective on the actual date the decision is rendered by the Council.

• (Ord. 1017, 2013)