Chapter 21.62


21.62.010    Purpose.

21.62.020    Notice of Public Hearing.

21.62.030    Hearing Procedure.

21.62.040    Decision.

21.62.050    Public Hearing Waiver for Minor Development.

21.62.010 Purpose.

This chapter provides procedures for public hearings required by this Implementation Plan. 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 and with all other applicable laws, including the Ralph M. Brown Act, or any successor law. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.62.020 Notice of Public Hearing.

This section provides notice requirements for coastal development permit applications requiring a public hearing.

A.    Content of Notice. Notice of a public hearing shall include all of the following applicable information:

1.    Hearing Information.

a.    The date, time, and place of the hearing and the name of the review authority;

b.    A brief description of the City’s general procedure concerning the conduct of hearings and decisions on applications (e.g., the public’s right to appear and be heard);

c.    The phone number, street address, and website of the City, where an interested person could call or visit to obtain additional information; and

d.    A statement that an interested person or authorized agent may appear and be heard at the public hearing and the procedures for appeal.

2.    Project Information.

a.    The name of the applicant;

b.    The date of filing of the application;

c.    The City’s file number(s) assigned to the application;

d.    A general explanation of the matter to be considered;

e.    A general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and

f.    If a negative declaration or Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the local CEQA guidelines, the hearing notice shall include a statement that the review authority will also consider approval or recommend approval of the negative declaration or certification of the Environmental Impact Report.

3.    Coastal Zone Information. The notice shall also include a statement that the project is located within the coastal zone and the procedures of City and Coastal Commission appeals, including any City fees required, and a statement of whether or not the proposed development is appealable to the Coastal Commission.

B.    Method of Notice Distribution. Notice of a public hearing required by this Implementation Plan shall be given as specified below.

1.    Publication. Notice for all coastal development permit matters shall be published at least once in a newspaper of general circulation in the City at least ten (10) calendar days before the scheduled hearing.

2.    Mailing. Notice for all coastal development permit matters shall be mailed or delivered at least ten (10) days before the scheduled hearing. The envelopes shall contain a legend, of sufficient size and legibility to be easily read, on the front of each envelope including words to the effect of “Important Public Hearing Notice.” The notice shall be mailed to all of the following:

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

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 property located within a three hundred (300) foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot or parcel upon which the development is proposed, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the Department the names and addresses of all owners required by this section;

d.    For projects located within the coastal zone, notice shall also be mailed or delivered to each residential dwelling unit located within a one hundred (100) foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot or parcel upon which development is proposed, based upon the most recent equalized assessment roll. It shall be the responsibility of the applicant to obtain and provide to the Department the addresses of all dwelling units required by this section;

e.    Persons Requesting Notice. Any person known to the applicant to be interested in the application, including any person who has testified or submitted written comments for any previously held local hearing and/or filed a written request for notice for that project site, or, for City decisions within the coastal zone, with the Director; and

f.    Coastal Commission. The South Coast District Office of the Coastal Commission.

3.    Posting of a Sign and Notice of Public Hearing. Notice shall be posted on or close to the subject property in a prominent location at least ten (10) days before the scheduled public hearing in the following manner:

a.    One or more signs shall be posted as determined by the Director.

b.    The size and location of the sign(s) shall be as determined by the Director.

c.    The project applicant shall be responsible for maintaining the sign(s) in a satisfactory condition.

d.    The project applicant shall remove all sign(s) at the end of the appeal period.

4.    Alternative to Mailing. If the number of property owners, residents, and interested persons to whom notice would be mailed in compliance with subsection (B)(2)(c) of this section is more than one thousand (1,000), the Director may choose to provide the alternative notice specified by State law where it is reasonable that such substitute notice is expected to be adequate or better notice rather than through a mailed notice. However, a mailed notice shall still be provided to those persons who have requested notice, including all persons known to the applicant to be a party interested in the application, including those persons who testified at or submitted written comments for the local hearing(s).

5.    Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not be grounds to invalidate the actions of the applicable review authority. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.62.030 Hearing Procedure.

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

B.    Continued Hearing. A hearing may be continued without further notice, provided the official or chair of the review authority 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 Decision. The review authority 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. 2016-19 § 9 (Exh. A)(part), 2016)

21.62.040 Decision.

A.    Decision.

1.    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 in compliance with Section 21.62.030 (Hearing Procedure).

2.    The Director or Zoning Administrator, as applicable, may instead refer the matter to the Commission for a decision.

B.    Effective Date of Decision.

1.    The decision of the applicable review authority is final and effective at the end of the applicable appeal period.

2.    The decision of the Council shall be final on any coastal development permit matter except for an appealable coastal development permit as specified in the notice in compliance with Section 21.62.020 (Notice of Public Hearing), above, and as specified in Section 21.64.035 (Appeal to the Coastal Commission). (Ord. 2016-19 § 9 (Exh. A)(part), 2016)

21.62.050 Public Hearing Waiver for Minor Development.

A.    Purpose. The purpose of this section is to provide a process, in accordance with Section 30624.9 of the Coastal Act, through which the public hearing requirement may be waived for certain minor developments that require coastal development permits.

B.    Minor Development Defined. For purposes of this section, “minor development” means a development that the Director determines satisfies all of the following requirements:

1.    Is consistent with the certified Local Coastal Program;

2.    Requires no discretionary approvals other than a coastal development permit; and

3.    Has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.

C.    Procedure. The Director may waive the requirement for a public hearing on a coastal development permit application for a minor development, if all of the following occur:

1.    Notice is mailed or delivered to all persons and agencies required to be notified under Section 21.62.020(B)(2). The notice shall contain all of the information required in Section 21.62.020(A). In addition, the notice of waiver of public hearing for the pending application shall contain all the following:

a.    A statement that a public hearing will be held upon the request of any person provided that such request is received by the Department within fifteen (15) working days from the date of sending the notice; and

b.    For proposed development within the appealable area, a statement that failure by a person to submit a request for a public hearing may result in the loss of that person’s ability to appeal to the Coastal Commission any action taken by the City on a coastal development permit application in this matter.

2.    No request for public hearing is received by the Department within fifteen (15) working days from the date of sending the notice pursuant to subsection (C)(1) of this section.

3.    Upon receipt of a request for a hearing, the Department shall schedule the matter for a public hearing and issue notice of such hearing consistent with the provisions of this chapter. (Ord. 2018-16 § 4 (Exh. A)(part), 2018)