When this Zoning Code requires a public hearing before a decision on a permit or for another matter, the public shall be provided notice of the hearing as required by this Chapter.
A. Content of Notice. Notice of a public hearing shall include all the following information, as applicable.
1. Hearing Information. The date, time, and place of the hearing and the name 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, email address, and street address of the Department where an interested person could call, email, or visit to obtain additional information.
2. Project Information. The name of the applicant; the City's file number assigned to the application; 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 Negative Declaration, Mitigated Negative Declaration, or Final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the hearing notice shall include a statement that the Review Authority will also consider the proposed Negative Declaration, Mitigated Negative Declaration, or the Final Environmental Impact Report, as applicable.
B. Method of Notice Distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, appeal, or other approval shall be given as follows.
1. Mailing for a Hearing Before the Director or Planning Commission - With a Public Hearing. Notice shall be mailed, postage prepaid, or delivered at least 10 days before the scheduled hearing date to all of the following. If mailed, the notice shall be deemed delivered two days after being mailed.
a. Project Site Owner(s) and the Applicant. The owner(s) of the property being considered in the application or the owner’s authorized agent, the applicant (at the addresses designated on the application), and any appellant(s).
b. Local Agencies – Only for Development Agreements, General Plan Amendments, and Specific Plans and Amendments. Each local agency expected to provide roads, schools, streets, water, wastewater collection, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.
c. Affected Owners.
(1) All Public Hearings – 300 feet. Except as otherwise provided in Subparagraph c. (2), below, all owners of real property, as shown on the latest tax assessor’s records, located within a radius of 300 feet of the exterior boundaries of the property that is the subject of a public hearing. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project.
(2) Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection c. (1)., above is greater than or equal to 1,000, the Director may choose instead to provide a one-eighth page newspaper advertisement in one newspaper of general circulation within the City.
d. Persons Requesting Notice. Any person who has filed a written request for notice with the Director and has paid the required fee to cover the cost of this mailing.
e.
2. Alternative Notice for the Director’s Decision - Without a Public Hearing. If approval is by the Director without a public hearing, the following requirements shall apply:
a. Except as otherwise provided in Subparagraph b., notice shall be given only to the owner/applicant and the abutting property owners (i.e., abutting and across the street).
b. Notice is not required to be given to abutting property owners in applications for minor modifications to permits where there are no significant issues, as determined by the Director.
c. A newspaper notice is not required.
d. A notice of decisions by the Director without a public hearing shall also be posted on the City’s website at the same time notice is provided to the owner/applicant.
3. Publication.
a. Publication for Development Agreements, General Plan Amendments, and Specific Plans. Notice of a public hearing for a development agreement, development agreement amendment, General Plan amendment, or specific plan shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing date.
b. No publications shall be required for approvals not listed in Subparagraph a.
4. Posting Notices. Notices of public hearing shall be posted as follows:
a. For development agreements, at least one additional paper notice shall also be posted on the project site, fronting on an improved public street.
b. Each paper notice shall be headed by the word "Notice," in letters not less than one inch in height.
c. The person posting the notices shall file a Certificate of Posting together with a copy of the notice with the City Clerk.
d. The notice shall be posted in at least three public places.
e. All notices shall be posted at least five days, but 10 days for development agreements, before the public hearing.
f. A notice of all public hearings shall also be posted on the City’s website. .
5. Additional Notice. In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable.
6. Errors. Any substantive defect or error appearing in any notice shall not divest the Director, Planning Commission, or Council of jurisdiction nor invalidate any proceedings.
