17.64.050 Hearings—Notices.
A. Procedure for Director Review and Approval Permits. Any application for a director review and approval permit shall be considered by the planning director after it is publicly noticed in the following manner:
1. Not less than ten days before the planning director decision, a direct mailing shall be sent to the owners and/or occupants of property located within three hundred feet of the boundaries of the project site, as shown on the latest equalized assessment roll.
2. Notice shall also be given by first class mail to any person who has filed a written request with the planning division. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.
3. Such notice shall include the following information: the name of the applicant, nature of the request, location of the property, the environmental determination, the proposed date of “planning director decision” (ten days from date of notice), and the appropriate method and deadline for written or verbal comments to be submitted to the city for consideration.
4. Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this section.
5. Alternatively, at his/her discretion, the planning director may refer the proposed use directly to the planning commission for a public hearing and decision. If the proposed use is referred to the planning commission, the noticing, hearing, and planning commission appeal procedures of subsection B of this section shall be followed.
6. For any director review and approval permit application filed in conjunction with any discretionary application (including a conditional use permit, tentative subdivision map, etc.), the applicant shall file the application concurrently, for review with the application requiring discretionary approval.
B. Procedure for Conditional Use Permits and Zone Changes. Upon the receipt in proper form of a complete application for a conditional use permit, or zone change, along with the fee adopted pursuant to Section 3.70.040, the planning director shall fix a time and place of public hearing thereon in the following manner:
1. Not less than ten days before the date of such public hearing, notice of the date, time and place of hearing, along with the location of the property and the nature of the request shall be given.
2. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property of the owner’s duly authorized agent, and to the project applicant.
3. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each local agency (if not the city) expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
4. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred feet of real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (B)(2) of this section is greater than one thousand, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing. Notice of hearing upon each application for a conditional use permit to allow drilling for and production of petroleum pursuant to Chapter 15.66 of this code shall be mailed to such owners of all property that is the subject of the hearing, and the production operator of record of subject real property as shown in the state of California Department of Conservation, Geologic Energy Management Division (herein CalGEM) records as of thirty days of the date of application of the conditional use permit. The applicant shall be responsible for obtaining the operator’s name and address from CalGEM and submitting such documentation from the division with the application for a conditional use permit.
5. Notice shall be published in at least one newspaper of general circulation within the city at least ten days prior to the hearing.
6. Notice shall be mailed to every person filing with the planning director a written request for notice.
7. In addition, not less than twenty days but not more than sixty days prior to the hearing on any general plan amendment, specific plan, zone change, or conditional use permit, the applicant shall post signs on the property indicating the date, time, and place of the hearing on the proposed general plan amendment, specific plan, zone change, or conditional use permit.
a. One sign shall be posted for every three hundred feet of street frontage, or portion thereof, with a maximum of two signs per street frontage. If no portion of the property fronts an existing public street, at least one sign shall be posted on the property nearest the point of legal access from a public street or as otherwise directed by the planning director.
b. For general plan amendment, specific plan, zone change, and conditional use permit on an undeveloped site, the size of the signs shall be eight feet wide by four feet high. Lettering style, formatting, mounting, and materials to be used shall be as set forth in the administrative policy manual approved by the development services director.
c. For a conditional use permit on a developed site in all nonresidential zones, the size of the signs shall be four feet wide by four feet high. The signs shall be posted along the street frontage, but not in the public right-of-way. In addition, a smaller sign (e.g., eleven inches by seventeen inches), at the discretion of the planning director, shall be placed in the window of the facility where the activity will occur. For a conditional use permit on a developed site in a residential zone, the provisions of Section 17.60.070(C) shall apply.
d. The applicant shall file with the planning department, on a form provided by the city, photograph(s) of the posted sign(s) and a declaration, signed under penalty of perjury, that the property has been posted according to the requirements of this section.
e. If the applicant fails to post the signs within the specified time, and if the photographs and declaration are not filed with the planning department within five days of the signs being posted, the public hearing may be postponed until the signs are posted and proof of posting has been submitted.
f. The applicant shall remove all signs posted pursuant to this section within ten days after final city action on the general plan amendment, specific plan, zone change, or conditional use permit. Should the applicant withdraw their application for a general plan amendment, specific plan, zone change, or conditional use permit, all signs posted shall be removed within ten days of the withdrawing of the application.
g. Should the applicant fail to remove any sign within the specified time, the city may remove any such sign and the costs thereof shall be borne by the applicant.
C. When proceedings are initiated for the amendment of any provision of this title, other than amendments changing property from one zone to another, or changing the boundary of any zone, a public hearing shall be held. Notice of such hearing shall be given once by publication in a newspaper of general circulation in the city, which notice shall state the time, date and place of such hearing and a general description of the nature of the proposed text amendment. (Ord. 5094 § 1, 2022; Ord. 5020 § 4, 2020; Ord. 4939 § 20, 2018; Ord. 4714 § 1, 2012; Ord. 4392 § 2, 2006; Ord. 4060 § 4, 2002; Ord. 3746 § 17, 1997)