When this Zoning Code requires a public hearing before a decision on a permit or approval application, General Plan amendment, Zoning Code amendment or adoption, Zoning Map amendment, or for any other matter, the public shall be provided notice of the hearing in compliance with the Government Code Sections specified in Table 7-1, below, Public Resources Code 21000 et seq., and as provided by this Chapter.
Types of Application | Government Code Section |
Adoption or amendment of the General Plan | 65090, 65091, 65092, 65355, and 65353, |
Amendment to this Zoning Code or the Zoning Map | 65090, 65091, 65092, 65854, and 65856 |
Planning actions that affect allowed uses of real property (e.g., CUP, MUP, Variance, revocation or modification, or the appeal of any of the listed actions) | 65090, 65091, and 65092 |
A. Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.
1. Hearing Information. The date, time, and place of the public hearing; the identity of the review authority, a brief description of the City’s general procedure concerning the conduct of hearings and decisions (e.g., the public’s right to appear and be heard); and the phone number and street address of the Department, where an interested person may call or visit to obtain additional information.
2. Project Information. The name of the applicant; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.
3. Statement on Environmental Document. If a proposed Negative Declaration, Mitigated Negative Declaration, Mitigation Monitoring Program, or final Environmental Impact Report has been prepared for the project in compliance with the CEQA, the hearing notice shall include a statement that the review authority will also consider approval or a recommendation for approval of the proposed Negative Declaration, Mitigated Negative Declaration, Mitigation Monitoring Program, or certification of the final Environmental Impact Report.
B. Method of Notice Distribution. Notice of a public hearing required by this Chapter for a permit, approval, or appeal shall be given as follows, and as specified in Table 7-1 (Applicable Government Code Sections), above.
1. Mailing. Notice shall be mailed or delivered a minimum of 10 days before the scheduled hearing to the following:
a. Project Site Owner(s) and the Applicant. The owner(s) of the property being considered in the application, the owner(s)’ duly authorized agent, if any, and the applicant;
b. Local Agencies. Each local agency expected to provide or maintain roads, schools, utilities, or other essential facilities or services to the property which is the subject of the application;
c. Affected Owners. All owners of real property, as shown on the latest equalized assessment roll, located within a radius of 500 feet, unless stated otherwise in this Zoning Code, of the exterior boundaries of the parcel that is the subject of the hearing. In lieu of utilizing the latest assessment roll, the City and/or applicant may utilize records of the County Assessor or Tax Collector which contains more recent information than the assessment roll;
d. Persons Requesting Notice. Any person who has filed a written request for notice and has paid the required fee, if any, for the notice; and
e. Other Person(s). Any other person(s), whose property might, in the judgment of the Director, be affected by the proposed project.
2. Alternative to Mailing. If the number of property owners to whom notice would be mailed or delivered, as required by Subparagraph B.1.c., above, is more than 1,000, the Director, in-lieu of mailed or delivered notice, may provide notice by placing a display advertisement at least 1/8 page in at least one newspaper of general circulation within the City, a minimum of 10 days before the public hearing.
3. Publication or Posting.
a. Publication. Notice shall be published at least once in a newspaper of general circulation in the City a minimum of 10 days before the scheduled public hearing.
b. Posting. Notice shall be posted a minimum of 10 days before the scheduled hearing in a minimum of three public places within the City specified in Municipal Code Section 2.04.140 and on the subject property.
4. Additional Notice. In addition to the notices required by this Section, the Director may provide any additional notice with content or using a distribution method (e.g., posting on the City’s web site) as the Director determines is necessary or desirable. (Ord. 935 § 3 (part), 2015)