Sec. 26-187. - Notices.

(a)

Notices of public hearing stating the type of application or nature of proposal, general description of property under consideration, and the time and place at which the public hearing is to be held shall be given in the following manner:

(1)

A reclassification of property from one zone to another, redesignation of a property from one General Plan land use designation to another, amendments to the Development Code, amendments to the General Plan text, or a development agreement shall require:

a.

Mailing Radius. A notice of public hearing shall be mailed to the applicant or his/her agent, the owner of the property and owners of all property within a radius of five hundred (500) feet from the property lines of the site under consideration, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least twenty (20) days prior to the date of the public hearing. If the number of owners to whom the notices would be mailed is greater than one thousand (1,000), or is a City-wide project involving text amendments to the Development Code and/or General Plan, in lieu of a mailed notice, the hearing notice shall be posted at City Hall and published at least twenty (20) days prior to the date of the public hearing on the following locations:

1.

The City's website.

2.

Newspaper of general circulation. The advertisement shall be at least one-eighth (⅛) page.

b.

Agency notification. Notice of the hearing shall be mailed or delivered at least twenty (20) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

c.

Postings. If the project is applicant driven, at least thirty (30) days prior to the date of the hearing, a public notice shall be posted at the project site per section 26-187(b), and at two other public places where public meeting agendas are posted. City-wide applications and/or projects, and City initiated zone changes

and/or General Plan land use designation changes are exempt from onsite posting requirements. City-wide applications involve Development Code and General Plan text amendments.

(2)

Entitlement applications for public utility facilities, including wireless telecommunications facilities, that require approval by the Planning Commission and/or City Council shall require:

a.

Onsite public postings. At least thirty (30) days prior to the date of the hearing, a public notice shall be posted at the project site per section 26-187(b), and at two (2) other public places where public meeting agendas are posted.

b.

Mailing radius. A notice of public hearing shall be mailed to the applicant or his/her agent, the owner of the property and owners of all property within a radius of one thousand (1,000) feet from the subject site's property lines, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.

c.

City website. The notice shall be posted on the City's website at least ten (10) days prior to the date of the public hearing.

d.

Agency notification. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

(3)

For administrative permits (if public notification and public hearing is required per use or by request):

a.

Mailing. A notice that describes the proposed project and indicates the length of the public review period (including the last date that a request for a public hearing may be given to the planning department) shall be mailed to owners of surrounding property as indicated below. The public review period shall extend for ten (10) days from the date that the initial notice was mailed. If a request for a hearing is received during the specified time, a notice shall be mailed a minimum of ten (10) days prior to the date of the hearing, indicating the date, time, and location of the scheduled public hearing.

1.

Notification rules.

(i)

Five-hundred-foot noticing radius: Notices shall be mailed to the property owners of the subject site and owners all properties within a radius of five hundred (500) feet from the property lines of the site under consideration unless otherwise provided for in the sections below.

(ii)

For secondary driveways, notices shall be mailed to the property owners and occupants of the subject site and to the two (2) properties on both sides of the subject site.

(iii)

For sign exception review, outdoor uses within the outdoor uses overlay zone, and canopy structures notices shall be mailed to the property owners and occupants of the subject site and all properties within a radius of one hundred (100) feet from the property lines of the site under consideration.

(iv)

For animal keeping approvals as described in section 26-111 shall require notices to be mailed to all property owners of the subject site and all property owners or occupants of properties within the overlay zone and any property owners or occupants of properties that are adjacent to the subject site and share a property line for improvements in the lower pad area (the portion of land at the rear of the properties that is at approximately the same elevation as the rear property line and is relatively level).

(v)

Public notification is not required for the following applications:

A.

Shopping cart containment review;

B.

Trash enclosure district review;

C.

Accessory uses;

D.

Incidental beer and wine service for a restaurant (bona fide eating place);

E.

Garage/storage shed height increase;

F.

Small Wireless facilities in the public right-of-way.

G.

Minor non-residential building facade changes and/or minor changes to the site plan/site layout.

H.

Minor multi-family residential building facade changes and/or minor changes to the site plan/site layout.

(4)

For non-public utility conditional use permits, precise plans requiring Planning Commission and/or City Council review, variances, or tentative tract maps requiring Planning Commission and/or City Council review, including amendments.

a.

Mailing radius. A notice of public hearing shall be mailed to the applicant or his/her agent, the owner of the property (including mineral rights owner for tentative tract maps) and owners of all property within a radius of five hundred (500) feet from the property lines of the site under consideration, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public hearing. If the number of owners to whom the notices would be mailed is greater than 1,000, in lieu of a mailed notice, the hearing notice shall be posted at City Hall and published at least ten (10) days prior to the date of the public hearing on the following locations:

1.

The City's website.

2.

Newspaper of general circulation. The advertisement shall be at least one-eighth (⅛) page.

b.

Postings. Unless otherwise required by section 26-187(a)(4)c., at least ten (10) days prior to the public hearing, a printed notice shall be posted at the project site and at two (2) other public places where public meeting agendas are posted. The minimum size of the onsite notice shall be 11-inches by 17-inches written with heading text that is no smaller than 28-point Arial font in red and body text no smaller than 16-point Arial font in black. The required public hearing notice shall be placed/posted in an area readily visible and accessible by the public such as near/at the building entrance. The location of the posting shall be determined by the Community Development Director.

c.

On-site posting for large projects. The following projects require an on-site posting that meet the requirements of section 26-187(b):

1.

Commercial properties—New developments and where the addition of new square footage is equal to or exceeds ten thousand (10,000) square feet, or greater than fifty (50) percent of the existing building, which ever is less.

2.

Residential properties for developments with five (5) or more units requiring Planning Commission and/or City Council review.

3.

Freestanding wireless facilities—any new freestanding wireless towers proposed.

4.

Tentative tract maps requiring Planning Commission and/or City Council review.

d.

Public area posting. At least ten (10) days prior to the public hearing, the required public hearing notice shall be placed/posted at two (2) other public places where public meeting agendas are posted.

e.

Agency notification. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

(b)

Onsite public hearing notice board installation standards.

(1)

The sign shall be installed within five (5) feet of the property line. If on a corner, the sign should be posted at an angle so long as the sign is five (5) feet from the property line of both streets.

Figure 6-1 On-site Notification Sign on Corner Property

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(2)

The sign shall be a minimum of three (3) feet in width by five (5) feet in height and may be double sided if installed perpendicular to the street. The sign shall be mounted on four-inch by four-inch posts. The bottom of the sign shall be at least two (2) feet, but no more than three (3) feet above the ground level. The required text and format are shown below. The "Public Hearing Notice" text shall be at least three and one-half (3.5) inches and the remaining text shall be at least one and one-quarter (1.25) inches in height.

(3)

The banner area at the top of the Notice shall be in red (with letters in white) and all other text shall be printed in red.

Figure 6-2 On-site Notification Sign Example

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(4)

The sign must contain a general explanation of the proposed project, the applicant's identification and contact information as provided on the application submitted to the City, and contact information for the approval authority.

(c)

Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 38, 3-18-25)

Sec. 26-188. - Establishment of public hearing rules for conduct.

Each hearing body may establish its own rules governing the conduct of public hearings.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-189. - Hearings may be continued without recourse to public notice.

If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice shall be required.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-190. - Permanent files shall include summary of testimony.

A summary of all pertinent testimony at the public hearing held in connection with an application filed pursuant to this chapter, and the names of persons testifying shall be recorded and made a part of the permanent files of the case, but a failure to observe requirements of this section shall not affect the validity of any action.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-191. - Planning Commission decision and findings.

The Planning Commission, following the termination of the public hearing, shall:

(a)

Announce its decision to approve or deny the application by resolution which shall clearly state the facts and reasons for the decision rendered and any conditions or limitations imposed.

(b)

Within thirty (30) days after adoption of said resolution, whether the application is approved or denied, notify the applicant by mailing a copy of the resolution to the address on the application and to any other person who has filed a written request for such notification.

(c)

Keep all reports as permanent record in the files of the planning division.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-192. - Effective date of Planning Commission decision.

(a)

All decisions of the Planning Commission except recommendations to the City Council (e.g. for General Plan amendments) shall become final and effective after the expiration of the appeal period as set forth in section 26-193, below.

(b)

Recommendations to the City Council shall be transmitted to the City Council who shall conduct a duly advertised public hearing on the matter.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-193. - Appeal procedure.

(a)

Appeals may be submitted by anyone, must be in writing, must include specific reasons for the appeal, and must be accompanied by the fee set by City Council resolution.

(b)

Decisions of the Community Development Director or their designee or Planning Commission subcommittee for design may be appealed to the Planning Commission. The decision of the Planning Commission on the appeal is final, unless after written request is made to the City Council, the City Council approves the request for appeal to the City Council.

(c)

Decisions of the Planning Commission may be appealed to the City Council, except as provided in subsection (b).

(d)

A timely appeal suspends and sets aside the decision of the lower authority.

(1)

Appeals of the Community Development Director or their designee decisions must be submitted to the planning division no more than ten (10) calendar days after approval of a written decision, unless otherwise provided in this code.

(2)

Appeals of Planning Commission decisions and written requests for an appeal hearing by the City Council must be submitted to the City clerk no more than ten (10) calendar days after adoption of a resolution of approval or denial.

(3)

The appeal period commences on the day after approval of a written decision and ends at the close of the business day on the tenth calendar day, including the day of commencement. If the tenth day falls on a day that the City is closed to for business, the period is extended to until the close of the business day of the next day the City is open for business.

(e)

Once an appeal has been properly and timely filed and notice of the hearing has been mailed or published, the appeal may not be withdrawn without the consent of the body to which the appeal has been made.

(f)

The City Council or Planning Commission, as the case may be, shall conduct a public hearing on the appeal within sixty (60) days from the filing of the appeal or approval of a request for an appeal hearing or as otherwise specified by the City Council or Planning Commission, or agreed upon by the appealing party. Notice of the public hearing shall be given as provided in section 26-187.

(g)

When considering an appeal, the City Council or Planning Commission shall hear the appeal as a de novo hearing. The City Council or Planning Commission may approve, deny or modify the matter appealed.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-194. - Referral back to Planning Commission.

(a)

The City Council may, because of making substantial changes, or because of a desire for additional information, or due to the submission of significant new material or evidence, refer the matter back to the Planning Commission for further study and report. At the time of referral, the City Council shall specify a time period within which the Planning Commission is required to report back to the City Council. If so referred, the Planning Commission secretary shall state to the City Council the date upon which said matter will appear on the Planning Commission agenda, whereupon said date shall immediately be publicly announced by the City Council.

(b)

The Planning Commission report to the City Council shall be considered in public hearing before the City Council after renotifying in exactly the same manner as the original appeal.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-195. - Planning Commission failure to report.

Failure of the Planning Commission to report back to the City Council within the time period specified by the City Council shall be deemed an approval by the Planning Commission of City Council changes or actions.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-196. - City Council call-up procedures.

Notwithstanding any appeal procedures or any other procedures provided by law, two (2) City Council members may, in writing, call for the review of the decisions of the Planning Commission within ten (10) days following the Planning Commission's meeting at which the decision was made.

If called-up for review by the City Council, the item will be heard de novo at a future City Council meeting within sixty (60) days of the initial call-up date, or a later date requested or agreed to by the applicant in writing. If the City Council does not vote, the decision of the Planning Commission shall be final. All provisions for notice and hearing applicable to the Planning Commission for that type of decision shall

apply to the City Council in conducting its review; provided, however, that if an item is called-up by the City Council for a de novo hearing, the notices shall be given to owners of properties within a one thousand (1,000) foot radius of the subject property.

If an appeal from a decision has been properly filed, the matter shall be conducted as an appeal subject to all applicable requirements for such appeals, rather than a review subject to this section.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 52, 3-18-25)

Sec. 26-197. - City Council decision and findings.

The City Council, following the termination of the public hearing shall:

(a)

Announce its decision to approve, modify or deny the application or appeal by resolution or ordinance which shall clearly state the facts and reasons for the decision rendered and any conditions or limitations imposed.

(b)

Within thirty (30) days after the City Council adopts the resolution or ordinance stating whether the application is approved or denied a copy of the resolution or ordinance shall be mailed to the applicant at the address shown on the application and to any other person who has filed a written request for such notification.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)