SECTION 25.43
PUBLIC HEARINGS
Sections:
25.43.1 Purpose
The following Sections provide procedures for public hearings on any matter related to this Ordinance.
25.43.2 Notice of Hearing
The public shall be provided notice of hearings in compliance with State law (the Planning and Zoning Law, Government Code Sections 65000 et seq., the California Environmental Quality Act, Public Resources Code 21000 et seq.), and this Section. Public notice shall be given and the hearing shall be conducted for any permit requiring a public hearing, as identified below in Table 25-20: Public Notice and Hearing Requirements.
A. Content of notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of hearing body; a general explanation of the matter to be considered; a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. If a proposed Negative Declaration or Final Environmental Impact Report has been prepared for the project pursuant to the Fairfield 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.
B. Method of notice distribution. Notice of a public hearing required by this Section for a permit, permit amendment, appeal, or zoning ordinance amendment shall be given as follows:
1. Notice shall be published at least once in a newspaper of general circulation in 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 owner(s) of the property being considered or the owners 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 latest equalized assessment roll within 300 feet of the property that is the subject of the hearing;
d. Any person whose property may, in the judgment of the Director, be affected by the proposed project; and
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Table 25-20: Public Notice and Hearing Requirements |
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Requirements |
Applicable Sections & Notes |
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Permit Type |
Public Notice Required |
Public Hearing Required to be Conducted by: |
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Amendments |
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Annexation/Prezoning |
yes |
P.C. & C.C. |
|
|
General Plan Amendment |
yes |
P.C. & C.C. |
|
|
Specific or Area Wide Plan Adoption or Amendment |
yes |
P.C. & C.C. |
|
|
Zoning Map Amendment (rezoning) |
yes |
P.C. & C.C. |
|
|
Zoning Ordinance Text Amendment |
yes |
P.C. & C.C. |
|
|
Land Use & Development Permits |
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Ministerial |
no |
- |
Note 1 |
|
Minor Discretionary |
no |
- |
Notes 2, 3, 4 |
|
Minor Development Review |
yes |
Director or P.C. |
Notes 3, 4 |
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Development Review |
yes |
P.C. |
Notes 3, 4 |
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Planned Unit Development |
yes |
P.C. |
|
|
Conditional Use Permit |
yes |
Director or P.C. |
Note 3 |
|
Variance |
yes |
Director or P.C. |
Note 3 |
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Miscellaneous Actions |
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Appeal |
yes |
P.C. or C.C. |
|
|
Business License |
no |
- |
Note 1 |
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Sign Permits |
|
|
|
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... all signs, except those listed below |
no |
- |
|
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... any free-standing, freeway orientated sign |
yes |
P.C. |
|
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Zone Clearance |
no |
- |
Notes 1, 5 |
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Subdivision Applications |
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Certificate of Compliance |
no |
- |
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Lot Line Adjustment |
no |
- |
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Lot Merger |
no |
- |
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Tentative Parcel Map |
yes |
Director or P.C. |
Note 3 |
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Tentative Subdivision Map |
yes |
P.C. |
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Notes:
(1) Ministerial Actions, Business Licenses, and Zone Clearances are not subject to appeal.
(2) Custom Homes shall require a public notice, although they only require a Minor Discretionary Review permit (see Section 25.40.4 (C)).
(3) Certain actions normally taken by the Director are referred to the Planning Commission in accordance with the provisions of Section 25.41.1(B) (Director Referrals to the Planning Commission). Public notice and a hearing is then required.
(4) If a project requires review by a Planning Area Design Review Committee, a public notice is required for any Committee meeting at which the project is reviewed.
(5) Adult entertainment businesses must be approved in accordance with the procedures in Section 25.32.2.
e. Any person who has filed a written request for notice with the Director and has paid the fee set by the most current City Fee Resolution for the notice.
If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by Government Code Section 65091(a)(4).
3. The Director may require additional notification as follows:
a. Expand the mailed notice of a public hearing to owners of real property within 500 feet of the property that is the subject of the public hearing;
b. Posting the notice on the property that is a subject of the hearing;
c. Providing notice of a public hearing to homeowners associations in the neighborhood of a project; and
d. Residents or merchants within the mailing radius.
The Director may also provide any additional notice that the he or she determines is necessary or desirable. (Ord. No. 2020-06, § 5.)
25.43.3 Hearing Procedure
Hearings shall be held at the date, time, and place for which notice has been given as required in this Section. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time, and place to which the hearing will be continued.