Chapter 18.180 - Public Hearings
Sections:
18.180.010 - Purpose of Chapter
18.180.020 - Notice of Hearing
18.180.030 - Notice of Decision - Zoning Administrator
18.180.040 - Notice of Decision - Commission
18.180.050 - Effective Date of Decision
18.180.060 - Recommendation by Commission
18.180.070 - Notice of Decision - Council
18.180.010 - Purpose of Chapter
This Chapter provides procedures for public hearings before the Zoning Administrator, Commission, and Council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted as provided by this Chapter.
18.180.020 - Notice of Hearing
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 et seq., and 66451.3 and Public Resources Code 21000 et seq.).
A. Contents of notice. Notice of a public hearing shall include;
1. The date, time, and place of the hearing and the name of the hearing body;
2. A general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing; and
3. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with the Town’s 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 (EIR) and the notice shall be published, posted, mailed, and/or delivered at least the minimum number of days required by the California Environmental Quality Act.
B. Method of notice
distribution. Notice of a public hearing required for a land use permit, entitlement, plan amendment, zoning amendment, or appeal shall be given as follows, as required by State law (Government Code Sections 65090 and 65091) and in compliance with Subsection A. (Contents of Notice), above:
1. Notice shall be published at least once in a local newspaper of general circulation within the Town at least 10 days before the hearing;
2. Notice shall be mailed or delivered at least 10 days before the hearing to:
a. The owners of the property being considered or the owner’s agent, and the applicant;
b. 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;
c. All owners of real property as shown on the County’s latest equalized assessment roll within 300 feet of the property which is the subject of the hearing; and
d. Any person who has filed a written request for notice with the Director and has paid the fee set by the most current Council's Fee Resolution for the notice.
3. If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by State law (Government Code Section 65091(a)(3)).
4. In addition to the types of notice required by Subsection B., above, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable.
18.180.030 - Notice of Decision - Zoning Administrator
A. Zoning Administrator
options. The Zoning Administrator may announce and record the decision at the conclusion of a scheduled hearing, refer the matter to the Commission for determination, or defer action and continue the consideration of the matter to a date certain, and announce and record the decision at that date.
B. Findings. The decision shall contain applicable findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the Town.
C. Notice of decision. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.
18.180.040 - Notice of Decision - Commission
The Commission may announce and record the decision at the conclusion of a scheduled hearing or defer action and take specified items under advisement and announce and record the decision at a later date. The decision shall contain applicable findings of the Commission, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the Town. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.
18.180.050 - Effective Date of Decision
A decision by the Director, Zoning Administrator, or Commission is final, and shall become effective on the 11th day after the decision, unless appealed in compliance with Chapter 18.140 (Appeals).
18.180.060 - Recommendation by Commission
At the conclusion of any public hearing on a proposed amendment to the General Plan, the Official Zoning Map, this Development Code, or a Specific Plan, the Commission shall forward a recommendation, including all required findings, to the Council for final action. Following the hearing, a notice of the Commission's recommendation shall be mailed to the applicant at the address shown on the application.
18.180.070 - Notice of Decision - Council
For applications requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the Town. Following the hearing, a notice of the decision shall be mailed to the applicant at the address shown on the application. A decision by the Council is final and shall become effective the next business day after the Council’s decision.
