Chapter 17.180 — PUBLIC HEARINGS

This Chapter provides procedures for public hearings before the Site Plan Review Committee, Planning Commission, and Council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted as provided by this Chapter.

When a land use permit, entitlement or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with State law (Government Code Sections 65090 et seq., and 66451.3 and Public Resources Code 21000 et seq.).

• A. Contents of notice. Notice of a public hearing shall include;

  1. The date, time, and place of the hearing and the name of the hearing body;

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

  3. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with the City's CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the final Environmental Impact Report (EIR) and the notice shall be published, posted, mailed, and/or delivered at least the minimum number of days required by the California Environmental Quality Act.

• B. Method of notice distribution. Notice of a public hearing required for a land use permit, entitlement, plan amendment, zoning amendment, or appeal shall be given as follows, as required by State law (Government Code Sections 65090 and 65091 ) and in compliance with subsection A (Contents of Notice), above:

  1. Notice shall be published at least once in a local newspaper of general circulation within the City at least 10 days before the hearing;

  2. Notice shall be mailed or delivered at least 10 days before the hearing to:

     • a. The owners of the property being considered or the owner's agent, and the applicant;

  • b. Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

  • c. All owners of real property as shown on the County's latest equalized assessment roll within 500 feet of the property which is the subject of the hearing; and

  • d. Any person who has filed a written request for notice with the City Planner and has paid the fee set by the most current council's Fee Resolution for the notice.

3. If the number of property owners to whom notice would be mailed is more than 1,000, the City Planner may choose to provide the alternate notice allowed by State law (Government Code Section 65091(a)(3) ).

4. In addition to the types of notice required by subsection B above, the City Planner may provide any additional notice with content or using a distribution method as the City Planner determines is necessary or desirable.

• A. Site Plan Review Committee options. The Site Plan Review Committee may announce and record the decision at the conclusion of a scheduled hearing, refer the matter to the Planning Commission for determination, or defer action and continue the consideration of the matter to a date certain, and announce and record the decision at that date.

• B. Findings. The decision shall contain applicable findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City.

• C. Notice of decision. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

The Planning Commission may announce and record the decision at the conclusion of a scheduled hearing or defer action and take specified items under advisement and announce and record the decision at a later date. The decision shall contain applicable findings of the Planning Commission, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

A decision by the City Planner, Site Plan Review Committee, or Planning Commission is final, and shall become effective on the 11th day after the decision, unless appealed in compliance with Chapter 17.140 (Appeals).

At the conclusion of any public hearing on a proposed amendment to the General Plan, the Official Zoning Map, this Development Code, or a Specific Plan, the Planning Commission shall forward a recommendation, including all required findings, to the Council for final action. Following the hearing, a notice of the Planning Commission's recommendation shall be mailed to the applicant at the address shown on the application.

For applications requiring council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City. Following the hearing, a notice of the decision shall be mailed to the applicant at the address shown on the application. A decision by the Council is final and shall become effective the next business day after the Council's decision.