Chapter 17.74 — PUBLIC HEARINGS

Sections:

• 17.74.010 Purpose.

• 17.74.020 Notice of hearing.

• 17.74.030 Scheduling of hearing.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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• 17.74.040 Hearing procedure.

• 17.74.050 Notice of decision.

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. 706 § 3 (Exh. A), 2019).

The public shall be provided advance notice of any public hearing required by this zoning code, in compliance with Government Code Sections 65090, 65091, and/or any other state law requirements applicable, as follows:

A. Contents of Notice. The notice for a public hearing shall include the following information, and any additional information determined by the planning director to be appropriate:

1. Hearing Information. The date, time, place of the hearing, name of the hearing body, and the phone number and street address of the department where an interested person may call or visit to obtain additional information.

2. Project Information. A general explanation of the matter to be considered, and a general description, in text and/or diagram, of the location of the property that is the subject of the hearing.

3. Statement on Environmental Document. If a draft negative declaration, mitigated negative declaration, environmental impact report, or statement of exemption from the requirements of CEQA has been prepared for the project, the hearing notice shall include a statement that the review authority will consider approval or acceptance of those CEQA documents.

• B. Method of Distribution. Notice of a public hearing required by this zoning code for a planning permit, amendment, or appeal shall be given as follows, as required by Government Code Sections 65090 and 65901:

  1. Publication. Notice shall be published at least once in a newspaper of general circulation in the city at least ten days before the date of the hearing.

  2. Mailing. Notice shall be mailed or delivered at least ten days before the date of the hearing to the following:

     • a. Project site owners and applicant for the property being considered in the application;

     • b. All owners of real property as shown on the latest county equalized assessment roll within a radius of three hundred feet from the exterior boundaries of the parcel that is subject to the hearing; and

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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• c. Persons requesting notice who have filed a written request for notice with the planning director and has paid the required fee for the notice.

3. Alternative to Mailing. If the number of property owners to whom notice would be mailed is more than one thousand, the planning director may choose to provide alternative notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the city at least ten days prior to the date of the hearing, in compliance with Government Code Section 65091(a)(3). (Ord. 706 § 3 (Exh. A), 2019).

After the completion of any environmental documents required by CEQA and the preparation of a department staff report, a matter requiring a hearing shall be scheduled on the next available agenda of the applicable review authority (planning commission or council) reserved for public hearings, but no sooner than any minimum time period established by state law. (Ord. 706 § 3 (Exh. A), 2019).

A. Time and Place of Hearing. A hearing shall be held at the date, time, and place from which notice was given. Each hearing shall be conducted in compliance with rules of procedure adopted by the city council for the applicable review authority.

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, prior to the adjournment or recess of the hearing.

• C. Decision of Review Authority.

1. The review authority may announce and record its decision on the matter being considered at the end of the conclusion of the scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with subsection (B) of this section.

2. Unless otherwise required by law, a majority vote shall be required for any formal action by the applicable review authority.

3. On a matter before the planning commission that requires final consideration and action by the council, the planning commission action shall be to recommend approval, conditional approval, or denial to the city council.

4. All decisions shall be in writing and if required by law shall contain the written findings upon which the decision is based.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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5. The decision of the city council on any matter shall be final and conclusive. (Ord. 706 § 3 (Exh. A), 2019).

A. Provision of Notice. Within ten days following the decision on an application for a permit or other approval required by this zoning code, the city shall provide written notice of the applicable review authority action to the applicant.

• B. Contents of Notice. The notice of decision shall contain applicable findings, conditions of approval, and notification of timing and procedure for appeal.

• C. Effective Date of Decision.

  1. A planning director or planning commission decision is final and effective on the eleventh day following the date of decision is rendered if no appeal of that decision has been filed.

  2. A council decision adopted by ordinance is final and shall become effective on the thirty-first day following the date the ordinance is actually adopted by the council (following second reading of ordinance), unless otherwise provided in the adopting ordinance.

  3. A council decision adopted by resolution is final and shall become effective on the date the decision is rendered. (Ord. 706 § 3 (Exh. A), 2019).