Sections:
16.76.010 Purpose.
16.76.020 Notice of Public Hearing.
16.76.030 Posting of Property.
16.76.040 Evidence of Notice.
16.76.050 Action of Review Authority.
16.76.060 Conditions may be Imposed.
16.76.070 Notice of Decision.
16.76.080 Effective Date of Decision.
16.76.090 Withdrawal of Application.
This chapter provides procedures for scheduling and conducting public hearings before the commission and council. When a public hearing is required by this development code, public notice shall be given and the hearing shall be conducted in compliance with this chapter.
(Ord. 556 § 23, 2020; Ord. 182 § 2 (part), 1997)
Not less than ten days before the scheduled date of a public hearing, the director shall give notice of the hearing. The notice shall include the time, place, identity of the review authority, nature of the application, and the general location of the property under consideration. The director shall comply with the following noticing requirements:
A. Setting a Public Hearing.
1. When a land use permit, entitlement or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with state law (Government Code Sections 65090,65091, 65094 and 66451.3 and Public Resources Code 21000 etseq.). or as otherwise required in this development code.
2. The hearing date will be set before the appropriate review authority only when the director has determined that the application is complete.
3. If a conflict develops between the provisions of this chapter and other provisions in this development code, the provisions of this chapter shall prevail.
B. Posting. A copy of the notice shall be posted in at least three publicly accessible locations in the city;
C. Mailing. The notice shall be mailed first-class and postage pre-paid to:
1. The applicant;
2. The property owner or owner’s agent:
3. All persons whose names and addresses appear on the latest available assessment roll of the County of Riverside as owners of property within a distance of three hundred (300) feet from all of the exterior boundaries of the property for which the application is filed;
4. Anyone filing a written request for notification; and
5. Other persons whose property might, in the director’s judgement be affected by the subject request.
D. Publishing. Notification shall be given to other potentially interested persons by publishing the notice one time in a newspaper having general circulation in the city not less than ten days before the scheduled public hearing:
E. Additional Notice. The director may provide any additional notice with content or using a distribution method or radius boundary as the director determines is necessary or desirable (e.g. on the Internet);
F. Agency Notice. Notices shall be sent to public departments, bureaus, or agencies which are determined by the director to be affected by the application or otherwise requiring notice;
G. Alternative Notice. If the number of property owners to whom notice would be mailed is more than one thousand (1,000), the director may choose to provide the alternative notice allowed by state law (Government Code Section 65091(a)(3));
H. CEQA Notice. All noticing requirements required by the California Environment Quality Act (CEQA) and the city's guidelines for environmental review shall be followed; and
I. Expanded Notice. For general plan, zoning map, and development code amendments, specific plans, master development plans, and/or other large scale projects, the director may make a determination that an expanded radius of one thousand feet (1,000) feet shall be used for noticing purposes.
(Ord. 544 §§ 33-36, 2019; Ord. 182 § 2 (part), 1997)
The property that is the subject of a development application for which a public hearing is required shall be posted with an informational sign at least ten (10) days prior to the public hearing date. The informational sign shall be a minimum of four (4) feet by four (4) feet in size, provide a description of the subject proposal, the date, time, and location of the scheduled public hearing, and indicate where further information may be obtained.
Minor inaccuracies in sign content, or the inadvertent posting of the sign on property adjacent to the project site, shall not, in and of itself, be considered a failure to comply with the required public hearing notice or grounds for continuing the public hearing. The guidelines for posting of the property are shown in the following table:
Type of Project or Site | Type/Number of Informational Signs* |
Sites of less than five (5) acres | One (1) posted sign |
Sites of five (5) acres or greater | Two (2) posted signs |
Sites with two (2) or more street frontages | At least two (2) posted signs, one (1) sign for each frontage |
*Additional signs may be required at the discretion of the director. | |
(Ord. 426-09 § 1, 2009; Ord. 314 § 1, 2004; Ord. 182 § 2 (part), 1997)
When notice of a hearing is given in compliance with this chapter, the following documentation shall be deemed sufficient to serve as proof that the notice was given in compliance with this chapter:
A. Posting. When notice is given by posting, an affidavit or proof of posting shall show the date or dates of posting and the location at which the posting was made. The affidavit of posting for the subject property shall include a dated photograph of the posted notice to serve as a permanent record of the legal notification; and
B. Mailing. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery shall be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to whom the mailing/delivery was made; and
C. Publishing. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made.
(Ord. 544 § 37, 2019; Ord. 182 § 2 (part), 1997)
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