Table 6-2 (Mandatory Public Hearings for Public Reviews Before the Commission or Council), below, identifies the noticing requirements for public hearings or public reviews before the Commission or Council.
Type of Discretionary Review
|
Type of Notice Required | ||
Mailed Notice | Published Notice | Posted Notice | |
Type of Discretionary Review
|
Type of Notice Required | ||
Mailed Notice | Published Notice | Posted Notice | |
A. Deadline | 21 days before the date of the public hearing or review | 14 days before the date of the public hearing or review | Within 30 days after application deemed complete |
B. Type of Discretionary Review Applications: 1. Comprehensive Plan | X | X | X |
2. Conditional Use Permit (CUP), except No. 3 below | X | ||
3. CUP for sale of alcoholic beverages | X | X | |
4. General Plan Amendment | |||
a. Land use map change | X | X | |
b. Text amendment | X | ||
5. Site Plan Review | X | X | |
6. Specific Plan | X | X | |
7. Subdivision (CCMC Ch. 15.10) | X | X | |
8. Variance | X | X | |
9. Zoning Code/Map Changes | |||
a. Map change | X | X | X |
b. Text amendment | X | ||
A. Mailed Notice. Written notices for public hearings, identified in Table 6-2 (Mandatory Public Hearings or Public Reviews Before the Commission or Council), scheduled for the Commission or Council shall be given in the following manner.
1. Notices shall be mailed, postage prepaid to the following:
a. The applicant, occupants and owner(s), or their agent, of the property being considered;
b. The owners and occupants of all property within a radius of 500 feet of the exterior boundaries of the property, or the perimeters of the premises of the proposed use involved in the application. This Subsection establishes the minimum mailed notice requirements, and shall not preclude the provision of notice to a greater number of persons;
c. 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; and
d. A person who has filed a written request for notice with the Director and has paid the fee established by the most current City Council Fee Resolution for the notice.
2. Notices shall be mailed at least 21 days before the date scheduled for the public hearing or review.
3. For the purposes of this notification, the last known name and address of each property owner, as identified in the records of the Los Angeles County Assessor, shall be used, unless a more current source of this information is known.
4. The address of occupants shall be determined by visual site inspection or other reasonably accurate means. The occupant notice requirement can be met by mailing the notice to the occupant(s).
5. At the time of filing the application, the applicant or designee shall provide a list of property owners and occupants within the prescribed area of notification and shall sign an affidavit verifying that the list has been prepared in compliance with the requirements of this Section.
6. The City shall prepare the notice, which shall clearly state the following information:
a. The date, place, and time of the scheduled hearing;
b. The name of the hearing body;
c. A general explanation of the matter to be considered;
d. A general description, in text or by diagram, of the location of the subject property;
e. The manner in which additional information may be received;
f. Any other pertinent information deemed appropriate by the Director; and
g. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project, in compliance with the City's use of the State-promulgated 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.
7. The Director has the discretion, on a case-by-case basis, to require the applicant to expand the mailing list beyond the minimum mailing area identified in § 17.630.010.A.1.b. above, based on criteria, including traffic impact, parking demand, building shade and shadow, noise corridor, cul-de-sac street, view impact, and other potential impact(s) and physical boundaries, that could help delineate the impact area.
8. In the event a public hearing or review is opened but continued to a date certain by the Commission or Council, further notice is not required, but may be given at the Director's discretion.
9. The failure of any person or addressee to receive a written mailed notice shall not invalidate the public hearing or review proceedings, provided the Commission or the Council may continue the public hearing or review, if deemed necessary, in compliance with § 17.630.010.A.8. above.
10. If the number of notices to be mailed is greater than 5,000, instead of a mailed notice, the Director may provide a published notice in compliance with § 17.630.010.B., except for cannabis storefront retail notices for Conditional Use Permits.
B. Published Notice. Published notices of public hearings or reviews, identified in Table 6-2 (Mandatory Public Hearings or Public Reviews Before the Commission or Council), before the Commission and the Council shall be given in the following manner:
1. Fourteen-day notice. A notice shall be published at least once in a local newspaper of general circulation in the City not less than 14 days before the date of the public hearing or review. The Director has the discretion to publish the notice in other newspapers; and
2. Content of notice. The content of the notice of a public hearing shall be provided in compliance with § 17.630.010.A.6.a. through g. above.
C. Posted Notice. In addition to the mailed notice and published notice, identified in § 17.630.010.A. (Mailed Notice) and § 17.630.010.B. (Published Notice) above, posted notices for a public hearing or review before the Commission or Council for the applications, identified in Table 6-2 (Mandatory Public Hearings or Public Reviews Before the Commission or Council) concerning specific real property, shall be provided, at the applicant's expense, in compliance with the following provisions.
1. The sign shall be posted within 21 days after the subject application is deemed complete by the Division. More than one sign may be required by the Director for a large project, or a project site with more than one street frontage.
2. The sign shall be located in a conspicuous place on the property abutting a public street, not less than one foot nor more than ten feet inside the property line. In the event the sign is not visible at this location, the sign may be attached to a structure, freestanding fence, or wall that has a minimal setback.
3. The sign shall be in compliance with the following requirements:
a. The size of the sign shall be 12 square feet in sign area, generally measuring three feet by four feet;
b. The sign shall not exceed eight feet in height from the ground level; however, if the property is surrounded by fences, walls, or hedges at or near the property lines, additional height shall be provided as necessary to ensure visibility of the sign from the public right-of-way;
c. The sign shall not be illuminated;
d. The sign shall include factual information about the title of the pending development, project case number, brief description of the request, name and telephone number of project proponent, location of property, and the Division telephone number. In addition, the date, location, and time of the scheduled public hearing or review shall be shown on the sign as soon as that information is confirmed by the City, but no later than 21 days before the scheduled public hearing or review;
e. The size, style, and color of the sign's lettering shall meet the specifications approved by the Director;
f. A Building Permit shall not be required for the posting of a sign, installed in compliance with this Section.
4. The sign shall remain in place until the expiration of the appeal period following a decision by the review authority. If the application requires the Council's final approval, or if an appeal is filed, the sign shall remain in place, with the new hearing date noted, until the final decision by the Council. The sign shall be removed within ten days of either the end of the appeal period or the final decision by the Council, whichever applies.
5. The applicant shall submit to the Director an affidavit verifying that the sign was posted on the site in a timely manner in compliance with this Section.
6. Failure to post the sign, to include required information, or to comply with applicable placement or graphic standards and requirements may result in a delay in the required public hearing or review.
D. Notice of Administrative Use Permits, Administrative Site Plan Review, Administrative Modification, and Reasonable Accommodation Applications.
Table 6-3 (see below) identifies the noticing requirements for administrative actions by the Director.
Type of Administrative Review | See Chapter | Notice Requirement | |
Mailed Notice | Mailing Deadline | ||
A. Administrative Use Permits | All property owners and occupants within a 300-foot radius | 15 days before the anticipated date of decision by Director | |
B. Administrative Modifications | All adjacent property owners and occupants | 15 days before the anticipated date of decision by Director | |
C. Administrative Site Plan Reviews | All adjacent property owners and occupants | 15 days before the anticipated date of decision by Director | |
D. Reasonable Accommodations | All adjacent property owners and occupants | 15 days before the anticipated date of decision by Director | |
1. In addition to all persons notified in compliance with Table 6-3 (see above), a notice of decision on the Administrative Site Plan Review, Administrative Modification, Administrative Use Permit and Reasonable Accommodation applications shall be mailed to the applicant and other parties directly involved with the application, in compliance with § 17.630.040 (Mailing of the Notice of Decision) below.
E. Additional Notice. In addition to the types of notice required by § 17.630.010.A. (Mailed Notice) through § 17.630.010.D. (Notice of Administrative Use Permits, Administrative Site Plan Review, and Administrative Modification), above, the Director may provide additional notice, with content or using a distribution method as the Director determines is necessary or desirable (e.g., on the Internet).
F. Effect of Notification Requirements. Nothing in the public notification requirements identified in this Section is intended to supersede the procedures established in this Chapter for other discretionary reviews.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-008 § 3 (part); Ord. No. 2024-006)