Chapter 11.42
PROCEDURE, HEARINGS, NOTICES AND FEES

Sections:

11.42.010    Form of applications--Information required.

11.42.020    Signatures on applications.

11.42.030    Applications to be numbered and kept as part of permanent record.

11.42.040    Filing fees.

11.42.050    Setting of, and time of, hearings.

11.42.060    Publication and service of notices.

11.42.070    Wording of notices.

11.42.080    Investigations.

11.42.090    Establishing rules for conduct of hearings.

11.42.100    Continuation of hearings without additional public notice.

11.42.110    Permanent file to contain summary of testimony.

11.42.120    Limitation on refiling applications.

11.42.010 Form of applications--Information required.

The planning commission shall prescribe the form in which applications are made for changes in zone boundaries or classifications, variances, conditional use permits and unclassified use permits. It may prepare and provide blanks for such purposes and may prescribe the type of information to be provided in the application by the applicant. No application shall be accepted unless it complies with such requirements.

(Ord. 1403 § 3, 4-23-79: Ord. 824 § 2100, 2-8-60)

11.42.020 Signatures on applications.

If signatures of persons other than the owners of property making the application are offered in support of or in opposition to an application, they may be received as evidence of notice having been served upon such signers of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city of South Gate as represented by the planning commission and the city council.

(Ord. 824 § 2101, 2-8-60)

11.42.030 Applications to be numbered and kept as part of permanent record.

Applications filed pursuant to this title shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto and permanently filed therewith copies of all notices and actions, with certificates and affidavits of posting, mailing or publications pertaining thereto.

(Ord. 824 § 2102, 1960)

11.42.040 Filing fees.

The following fees shall be paid upon the filing of an application, and such fees shall not be refundable:

(1)    Conditional use permit--$320.00;

(2)    Variance (development standards)--$320.00;

(3)    Zone change--$580.00;

(4)    Lot line adjustment--$500.00;

(5)    Parcel map procedure--$690.00 plus $100.00 per lot;

(6)    Tract map procedure--$920.00 plus $25.00 per lot;

(7)    Unclassified use permit:

(a)    Hazardous Waste Facility--$2,000.00 or such greater amount that the city shall, in the reasonable exercise of discretion, establish as an estimate of the actual costs to be incurred by the city in processing the application for said unclassified use permit, including, but not limited to, allocable overhead and administrative costs, and special outside consultants to advise the city in processing said application;

(b)    Other--$500.00 (Ord. 1835 § 16, 5-29-90; Ord. 1771 § 1, 10-11-88);

(8)    Site plan review--$1,300.00;

(9)    Site plan waiver--$500.00;

(10)    Street and alley vacations--$700.00;

(11)    Appeals to the city council from the planning commission’s decision--$0.00;

(12)    Amendments to:

(a)    Site plans--$350.00,

(b)    Conditional use permits--$125.00,

(c)    Unclassified use permits:

(i)     Hazardous waste facilities--$1,000.00, or such greater amount that the city shall in the reasonable exercise of discretion, establish as an estimate of the actual costs to be incurred by the city in processing the application for said unclassified use permit, including, but not limited to, allocable overhead and administrative costs, and special outside consultants to advise the city in processing said application,

(ii)    Other--$150.00,

(d)    General plan--$1,000.00 (Ord. 1835 § 17, 5-29-90; Ord. 177 § 1, 10-11-88);

(13)    Prezoning:

(a)    Initial proceedings with reference to the adoption of a prezoning map--$0.00,

(b)    Any modification of a prezoning map by other than the city--$125.00;

(14)    Preliminary environmental assessment--$90.00 plus exceptional costs.

(Ord. 1835 §§ 16, 17, 5-29-90; Ord. 1771 § 1, 10-11-88; Ord. 1767 § 1, 5-9-88; Ord. 1760 § 4, 1-11-88; Ord. 1642 § 1, 10-22-84; Ord. 1477 § 3, 5-26-81; Ord. 1403 § 4, 4-23-79; Ord. 915, 1963 (repealed): Ord. 824 § 2103, 1960)

11.42.050 Setting of, and time of, hearings.

All planning matters that are specified for public hearings by the California State Conservation and Planning Act may be set by the secretary of the planning commission when such hearings are to be held before the planning commission, and by the city clerk for hearings to be held before the city council.

The date of the hearings shall be not less than ten days, nor more than sixty days from the date of the filing of the verified application, the adoption of the resolution, the making of the motion, or the initiation of the proceedings.

(Ord. 1120 § 1, 1970: Ord. 824 § 2104, 1960)

11.42.060 Publication and service of notices.

Notice of time and place and date of public hearings shall be given in the following manner:

(1)    Notice of public hearing upon a proposed amendment to this title or to the map which is part of this title or unclassified use permit shall be given by at least one publication in a newspaper of general circulation in the city not less than ten days before the date of the public hearing. (Ord. 1403 § 5, 4-23-79);

(2)    Notice of public hearing to consider a variance or conditional use permit shall be given by at least one publication in a newspaper of general circulation in the city not less than ten days before the date of said public hearing and by either:

(a)    The mailing of a written notice not less than ten days prior to the date of such hearing to the last known address of the owner or owners of the property located within not less than three hundred foot radius of the exterior boundaries of the subject property as indicated on the latest available assessment rolls in the city;

(b)    By posting in front of the property under consideration and at intervals of not more than one hundred feet for not less than three hundred foot radius measured from the exterior boundaries of the subject property not less than ten days prior to the date of the first of such hearings;

(3)    A written notice shall be sent to the owner or owners of subject property and to the applicant if he be a person other than the owner of such property not less than ten days prior to the date of the hearing on any type of application.

(Ord. 1403 § 5, 4-23-79; Ord. 851 § 40, 1961: Ord. 824 § 2105, 1960)

11.42.070 Wording of notices.

Such public notice of hearings on zone reclassification, amendment, unclassified use permit, variance and conditional use permit shall consist of the words "Notice of Proposed Change of Zone Boundaries of Classification" or "Notice of Proposed Unclassified Use Permit" or "Notice of Proposed Variance" or "Notice of Proposed Conditional Use Permit" as the case may be, setting forth the description of the property under consideration, the nature of the proposed change, or requested permit or use, and the time, place and date at which the public hearing or hearings on the matter will be held.

(Ord. 1403 § 6, 4-23-79: Ord. 824 § 2106, 1960)

11.42.080 Investigations.

The planning commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon an application set for hearing that will assure action on each case consistent with the purpose of this title.

(Ord. 824 § 2107, 1960)

11.42.090 Establishing rules for conduct of hearings.

The planning commission may establish rules governing the conduct of public hearings conducted by it.

(Ord. 824 § 2108, 1960)

11.42.100 Continuation of hearings without additional public notice.

If, for any reason, testimony on any case set for public hearing cannot be completed on the date 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 is required.

(Ord. 824 § 2109; February 8, 1960)

11.42.110 Permanent file to contain summary of testimony.

A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title, and the names of persons testifying shall be recorded and made a part of the permanent files of the case.

(Ord. 824 § 2110; February 8, 1960)

11.42.120 Limitation on refiling applications.

Final action as set forth in this title by the South Gate Planning Commission or the South Gate City Council in denying an application for a change of zone, unclassified use permit, variance or conditional use permit shall prohibit the further filing of the same type of application on property previously filed upon until not less than one (1) year shall have elapsed from the date of denial of any application.

(Ord. 824 § 2111; February 8, 1960)