Chapter 9.74
Public Hearings

Sections:

9.74.010    Purpose of Chapter

9.74.020    Notice of Hearing

9.74.030    Repealed

9.74.040    Repealed

9.74.050    Scheduling of Hearing

9.74.060    Hearing Procedure

9.74.070    Recommendation by Planning Commission

9.74.080    Decision and Notice

9.74.090    Effective Date of Decision

9.74.010 Purpose of Chapter

This Chapter provides procedures for the public hearings required by this Land Use 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.

9.74.020 Notice of Hearing

When this Land Use 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 State law (Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code 21000 et seq.), and as required by this Chapter.

A.    Contents of notice. Notice of a public hearing shall include:

1.    Hearing information. The date, time, and place of the hearing and the name of the hearing body; a brief description of the City’s general procedure concerning the conduct of hearings and decisions; 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 date of filing of the application and the name of the applicant; the City’s file number assigned to the application; a general explanation of the matter to be considered; a general description, in text and/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 or final Environmental Impact Report has been prepared for the project in compliance with Chapter 9.78 (Environmental Impact Assessment), the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration, Mitigated Negative Declaration or certification of the final Environmental Impact Report; and

4.    Coastal Zone information. If the proposed development is within the Coastal Zone, the notice shall also include a statement that the development is within the Coastal Zone.

B.    Method of notice distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, or appeal shall be given as follows, as required by State law (Government Code Sections 65090 and 65091).

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

a.    Site owners. The owners of the property being considered in the application, or the owner’s agent, and the applicant;

b.    Local agencies. 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;

c.    Nearby property owners. All owners of real property as shown on the latest County equalized assessment roll, within a radius of 300 feet of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property might, in the judgment of the Zoning Administrator, be affected by the proposed project;

d.    Projects not exempt from CEQA. For projects not exempt from CEQA, all owners of real property as shown on the latest County equalized assessment roll, within a radius of 500 feet of the exterior boundaries of the parcel that is the subject hearing;

e.    Nearby residents. If the proposed development is within the Coastal Zone, each dwelling unit within 100 feet of the exterior boundaries of the parcel that is the subject of the hearing;

f.    Persons requesting notice. Any person who has filed a written request for notice with the Zoning Administrator and has paid the required fee for the notice; and

g.    Coastal Commission. The Coastal Commission, if the proposed development is within the Coastal Zone.

2.    Additional required notice. If the notice is mailed as identified in Subsection B.1., above, then the notice shall also either be:

a.    Published. Published at least once in a local newspaper of general circulation within the City at least 10 days before the hearing; or

b.    Posted. Posted by the applicant, at least 10 days before the hearing, on site and along public streets within 100 feet of the subject site’s boundaries and in at least three public places in the City, in compliance with the Department’s handout on public hearing requirements.

3.    Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection B.1., above is more than 1,000, the Zoning Administrator may choose to provide the alternative notice allowed by State law (Government Code Section 65091[a][3]), except for developments within the Coastal Zone.

4.    Additional notice. In addition to the types of notice required above, the Zoning Administrator may provide any additional notice with content or using a distribution method as the Zoning Administrator determines is necessary or desirable.

9.74.030 Waiver of Public Hearing on Coastal Permit for Minor Development

Repealed by Ord. 1432.

9.74.040 Notice of Non-Appealable Development

Repealed by Ord. 1432.

9.74.050 Scheduling of Hearing

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and Chapter 9.78 (Environmental Impact Assessment) and a Department staff report, a matter requiring a public hearing shall be scheduled on the next available Zoning Administrator, Historic and Design Review Commission, Planning Commission, or Council agenda (as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.

9.74.060 Hearing Procedure

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

B.    Continuance. A hearing may be continued without further notice; provided, 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 action. For any matter being considered at a hearing in compliance with this Land Use Code, a hearing body may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

9.74.070 Recommendation by Planning Commission

A.    Written recommendation required. At the conclusion of a public hearing on a proposed amendment to the General Plan/Local Coastal Plan, this Land Use Code, the Zoning Map, a provision of the certified Local Coastal Program, a development agreement, or a specific plan, the Planning Commission shall forward a written recommendation, including all findings on which the decision was based, to the Council for final action.

B.    Mailing of recommendation. Following the hearing, a copy of the Planning Commission’s recommendation shall be mailed to the applicant at the address shown on the application.

9.74.080 Decision and Notice

A.    Decision. 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 9.74.060 (Hearing Procedure). At the conclusion of a hearing conducted by the Zoning Administrator, the Zoning Administrator may instead refer the matter to the Planning Commission for a final determination.

B.    Council decision is final. The decision of the Council on any matter except a Local Coastal Program amendment (see Section 9.92.070) shall be final.

C.    Notice of decision. The notice of decision shall contain all findings on which the decision was based, any conditions of approval, and any reporting and/or monitoring requirements required to mitigate identified impacts and protect the public convenience, health, interest, safety, or general welfare. Following the hearing and decision, the applicant shall be provided the notice of decision.

9.74.090 Effective Date of Decision

A decision of the Zoning Administrator, Historic and Design Review Commission, or Planning Commission in compliance with Chapter 9.72 (Permit Approval or Disapproval) is final and effective on the 11th day following the decision unless an appeal is filed in compliance with Chapter 9.76 (Appeals).