Chapter 17.78

This chapter establishes procedures for public hearings before the Administrative Hearing Officer, Commission, and Council. When a public hearing is required by this Zoning Code, public notice shall be given, and the hearing shall be conducted in compliance with this chapter. [Source: NEW]

When a land use permit, or other matter is required by State law or this Zoning Code to have a public hearing, the public shall be provided with notice of the hearing in compliance with the provisions of this chapter and State law. [Source: NEW]

• A. Authority to Give Notice. Notices shall be given in compliance with the following:

  1. The Director is authorized to give notice of public hearings to be held by the Administrative Hearing Officer, or Commission, under the provisions of this Zoning Code. [Source: NEW]

  2. The Town Clerk is authorized to give notice of public hearings to be held by the Council, under the provisions of this Zoning Code. [Source: NEW]

  3. A failure in the notice procedure shall not affect the jurisdiction or authority of a review authority to take action on a matter. [Source: NEW]

• B. Contents of Notice. The contents of a notice of a public hearing shall be as follows, except where another provision of this Zoning Code requires a notice to provide alternative information: [Source: NEW]

  1. Hearing Information. The notice shall provide the following information about a scheduled public hearing: [Source: NEW]

     • a. The date, time, and place (e.g., address, room, etc.) of the hearing and the name of the review authority holding the hearing; [Source: NEW]

     • b. A description of the Town's general procedure concerning the conduct of hearings and decisions; [Source: NEW]

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• c. A statement that that reads "Any interested person is invited to appear and be heard on the request or proposal;" [Source: NEW]

• d. The phone number, street address, and website of the Department, where an interested person could call or visit to obtain additional information; and [Source: NEW]

• e. Any additional information as may be required by State or Federal law applicable to and binding upon the Town, including information required under the Town's implementation of the Americans with Disabilities Act (ADA). [Source: NEW]

2. Project Information. The name of the applicant; the Town's file number assigned to the application; a general explanation of the matter to be considered; and a general description of the location of the property that is the subject of the hearing. [Source: NEW]

3. Statement on Environmental Document. If a draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report has been prepared for the project, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the Town's environmental review procedures identified in the Town Code, the hearing notice shall include a statement that the hearing body would also consider approval of the draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report. [Source: NEW]

• C. 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: [Source: NEW]

1. Mailed Notices. Notices shall be mailed or delivered, at least ten (10) days before the date of the scheduled public hearing, via first class mail with postage prepaid, to the following:

   • a. The applicant, if any, or the applicant's agent as designated and authorized in writing by the applicant as part of the project application; [Source: NEW]

   • b. The owner of the subject property, if different from the applicant or if there is no applicant; or the owner's agent as designated and authorized in writing by the owner as part of the project application; [Source: NEW]

   • c. 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; [Source: NEW]

   • d. All owners and occupants of real property that is located in whole or in part within a radius of three hundred (300) feet from the exterior boundaries of the Assessor's parcels that are the subject of the hearing, as shown on the last equalized assessment roll and its master index update. The three hundredfoot radius shall be measured from the exterior boundaries of the subject parcels to the exterior boundaries of the neighboring parcels, without reference to structures existing on other parcels; [Source: NEW]

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17.78.020

• e. Any person who has filed a written request for notice with the Director; [Source: NEW]

• f. Any additional persons as may be deemed appropriate by the Director, Commission, or Council. [Source: NEW]

2. Newspaper Publication. Newspaper publications shall comply with the following:

   • a. Notice shall be given at least once by publication in a newspaper of general circulation within the Town, at least ten (10) days before the scheduled public hearing. [Source: NEW]

   • b. In prezoning matters, the notice shall be published in a newspaper of general circulation, circulated in the area proposed to be prezoned. [Source: NEW]

3. Official Posting Sites. Notice shall also be given by posting the notice at the Town's designated official noticing locations.

4. On-Site Posting. Onsite sign posting shall be provided for Council public meetings and public hearings for projects requiring a land use or planning permit. The applicant shall install a sign on the subject property in a place conspicuous to the public, at least ten (10) days before the scheduled public hearing. On-site signs shall comply with the following standards:

   • a. The size of the sign shall comply with Table 17.78-01 (Public Hearing Notice Sign Area Requirements). [Source: NEW]

Table 17.78-01 Public Hearing Notice Sign Area Requirements

• b. Sign height shall not exceed six (6) feet. [Source: NEW]

• c. The sign shall be placed not less than five (5) feet inside the property line in residential zoning districts, and not less than one (1) foot inside the property line for commercial and industrial zoning districts. [Source: NEW]

• d. The sign shall be located in a position most visible to the public, but not within a required vision triangle. [Source: NEW]

• e. On or before the required date of posting, the applicant shall submit to the Department a signed affidavit verifying installation of the sign. [Source: NEW]

• f. The sign shall not be illuminated. [Source: NEW]

• g. One (1) sign shall be displayed on each public street frontage of the subject property. The Director shall have the discretion to modify the number and location of signs for projects with more than one (1) street frontage, where unusual cir-

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cumstances exist and when the number and location of signs will comply with the intent of this chapter. [Source: NEW]

  - h. The sign shall be removed within fifteen (15) days after the public hearing. [Source: NEW] 

5. Online Postings. Online posting of notices shall comply with the following:

   • a. Notice shall be given on the Town's webpage. [Source: NEW]

   • b. Alternative online postings including, but not limited to, social media are encouraged at the discretion of the Director. [Source: NEW]

6. Electronic Notice. Notice shall be emailed to the electronic distribution list retained by the Department for Town public notices. [Source: NEW]

• D. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Paragraph C.1, above, is more than one thousand (1,000), the Town may, as an alternative to the mailing requirements of this chapter, provide notice by placing a display advertisement of at least one-eighth ( � ) page in at least one (1) newspaper of general circulation within the local agency in which the proceeding is conducted at least ten (10) days before the scheduled hearing. However, any sitespecific development must include on-site posting consistent with Paragraph C.4 above. [Source: NEW]

• E. Combined Notices. A notice of public hearing required by this chapter may be combined with a notice of public hearing required by other provisions of the Town Code, or State or Federal law, applicable to or binding upon the Town, provided the

requirements of this chapter relating to content, timing, or methods of giving notice, are complied with in the combined notice. [Source: NEW]

• F. Additional Notice. In addition to the types of notice required by Subsections C and D, above, further noticing may be required at the discretion of the Director, including, but not limited to, the use of a greater radius for notice for projects of particular interest, scale, or size. [Source: NEW]

• G. Public Notice of Administrative Hearing Officer Action. The Administrative Hearing Officer is authorized by this Zoning Code to consider certain applications. Notice of public hearings for projects for which the Administrative Hearing Officer is the review authority shall be provided to owners and occupants within a three hundredfoot radius of the subject parcel, posted at the Town's Official Posting Sites, posted on the project site, and on the Town's website, consistent with the requirements of this chapter. At the Director's discretion additional noticing may be provided. [Source: NEW]

• A. Conduct of Hearing. Hearings shall be held at the date, time, and place described in the public notice required by this chapter. [Source: NEW]

• B. Continuance. If it is necessary to continue the hearing or decision or any matter before the review authority, the person presiding at the hearing may, before the adjournment or recess of the hearing, publicly announce the date, time, and place to which the hearing will be continued. [Source: NEW]

  1. Continuance with Date Announced. If a date is announced for a continued hearing, no additional notice for the continued hearing is required. [Source: NEW]

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17.78.070

2. Continuance With No Date Announced. If no date is announced for a continued hearing, a new notice of hearing is required in compliance with this chapter. [Source: NEW]

the applicable review authority, a notice of action (e.g., decision or recommendation), any applicable conditions of approval, and the reporting/monitoring requirements shall be sent to the applicant. [Source: NEW]

At the conclusion of any public hearing on an amendment (General Plan, Zoning Code, or Zoning Map), a development agreement, or a specific plan, the Commission shall forward a written recommendation, including all required findings, to the Council for final action. [Source: NEW]

• A. Decision. Decisions shall comply with the following:

  1. The review authority (e.g., Administrative Hearing Officer, Commission, or Council, as applicable) 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 17.78.030 (Hearing Procedure), above. [Source: NEW]

  2. At the conclusion of a hearing by the Administrative Hearing Officer, the Administrative Hearing Officer may instead refer the matter to the Commission for a decision. [Source: NEW]

• B. Notice of Action. The notice of action shall contain applicable findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety, and welfare. [Source: NEW]

• C. Mailing of Notice Action. Providing notices of action shall comply with the following: [Source: NEW]

  1. Within five (5) days after the final decision, or recommendation, is rendered by

2. A copy of the notice of action shall also be sent to the property owner, if different from the applicant, and to all other persons who have filed a written request for notice. [Source: NEW]

• A. Administrative Hearing Officer or Commission. The decision of the Administrative Hearing Officer, or Commission is final unless appealed in compliance with Chapter 17.74 (Appeals). [Source: NEW]

• B. Council. The decision of the Council on any matter shall be final. [Source: NEW]

• A. Administrative Hearing Officer or Commission. A decision of the Administrative Hearing Officer or Commission shall become effective on the eleventh day following the date of application approval by the applicable review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 17.74 (Appeals). If the appeal period ends on a day when Town Hall offices are closed, the appeal period shall be extended to the first day that Town Hall offices are open. [Source: NEW]

• B. Town Council. Decisions by Council shall comply with the following:

  1. Other than Amendments. The decision of the Council on any matter, other than an amendment, shall be effective immediately following the decision. [Source: NEW]

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2. General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council, and after the close of the statute of limitations under the California Environmental Quality Act (CEQA). [Source: NEW]

3. Zoning Code and Zoning Map. A Zoning Code or Zoning Map amendment shall become effective on the 30th day following the adoption of an ordinance by the Council. [Source: NEW]

proposed project shall satisfy the eligibility requirements established in Government Code Section 65915 (as amended over time). [Source: 17.22.020, modified]

• B. The Town shall grant density bonuses for eligible projects, if requested by the applicant, in compliance with Government Code Sections 65302, 65913, and 65915—65918 et seq. (as amended over time). This includes density bonuses and incentives for land uses and facilities including:

  1. Very-low vehicle travel areas;

ARTICLE 7.

2. Very-low income housing;

HOUSING REGULATIONS