Chapter 17.88


17.88.010    Purpose.

17.88.020    Notice of hearing.

17.88.030    Scheduling of hearing.

17.88.040    Hearing procedure.

17.88.050    Notice of decision.

17.88.010 Purpose.

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. (Ord. 766 § 2 Exh. A (part), 2004).

17.88.020 Notice of hearing.

The public shall be provided advance notice of any hearing required by this land use code in compliance with Government Code Sections 65090, 65091, and/or other state law requirements, as applicable, and as follows:

A. Contents of Notice. The notice of a public hearing shall include the following information, and any additional information determined by the director to be appropriate:

1. Hearing Information. The date, time, and place of the hearing, and the name of the hearing body or officer; the phone number and street address of the department, where an interested person may call or visit to obtain additional information;

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

3. Statement on Environmental Document. If a draft negative declaration or environmental impact report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the hearing notice shall include a statement that the review authority will also consider approval of the draft negative declaration or certification of the final environmental impact report.

B. Method of Notice Distribution. Notice of a public hearing required by this land use code for a planning permit, amendment, or appeal shall be given as follows, as required by state law (Government Code Sections 65090 and 65091).

1. Publication. Notice shall be published at least once in a newspaper of general circulation in the city at least ten days before the date of the hearing.

2. Mailing. Notice shall be mailed or delivered at least ten days before the date of the hearing to the following:

a. Owners of the Project Site. 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 water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected, and any adjacent city or county government;

c. Affected Owners. All owners of real property as shown on the latest county equalized assessment roll, within a radius of five hundred feet from the exterior boundaries of the parcel that is the subject of the hearing; and

d. Persons Requesting Notice. Any person who has filed a written request for notice with the director and has paid the required fee for the notice.

3. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsections (B)(2)(a) through (B)(2)(c) of this section is more than one thousand, the director may choose to provide alternative notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the date of the hearing, in compliance with Government Code Section 65091(a)(3).

4. Additional Notice. In addition to the types of notice required above, the director may provide any additional notice with content or using a distribution method as the director determines is necessary or desirable. (Ord. 766 § 2 Exh. A (part), 2004).

17.88.030 Scheduling of hearing.

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and a department staff report, a matter requiring a hearing shall be scheduled on the next available agenda of the applicable review authority reserved for public hearings, but no sooner than any minimum time period established by state law. (Ord. 766 § 2 Exh. A (part), 2004).

17.88.040 Hearing procedure.

A. Conduct of Hearing. Each hearing shall be conducted in compliance with rules of procedure adopted by the council for the applicable review authority.

B. Continued Hearing. A hearing may be continued. Continuance may occur without further public notice if the hearing body announces the date, time, and place to which the hearing will be continued prior to the adjournment or recess of the hearing. Public notice of the continued hearing shall be provided in compliance with this chapter if the review authority continues the hearing to a date uncertain. 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. (Ord. 766 § 2 Exh. A (part), 2004).

17.88.050 Notice of decision.

Following a hearing, the city shall mail a notice of the decision and any findings and conditions of approval to the applicant at the address shown upon the application. (Ord. 766 § 2 Exh. A (part), 2004).