HomeMy WebLinkAbout8.2, Attmt 6-Notice & Hearings, Ch 8.132NOTICE AND HEARINGS
Chapter 8.132
CHAPTER 8.132 NOTICE AND HEARINGS
8.132.010 Purpose. To establish a procedure for public hearings before the Director
of Community Development, Zoning Administrator, Planning
Commission and City Council in compliance with State law (Government
Code Sections 65090 and 65091).
Intent. The intent of this Chapter is to ensure that public hearings are
properly held and noticed.
8.132.020 Public Hearing. A public hearing shall be held for the consideration of
all Conditional Use Permits, Development Agreements, Planned
Development Rezones, Zoning Ordinance Amendments, and for Variances
considered by the Planning Commission or City Council.
8.132.030 Notice of Public Hearing. When a public hearing is required by this
Title, notice shall be given as follows:
A. Timing. Notice shall be given not less than 10 days before the date of a
scheduled public hearing.
B. Content of notice. The Notice shall include, but not be limited to:
Date, time, and place of the public hearing.
2. The name of the hearing body or officer.
3. A general explanation of the matter to be considered.
4. A general description, in text or by diagram, of the location of the real
property that is the subject of the hearing.
C. CEQA notice may be combined with Notice of Public Hearing. CEQA notice
of public review and comment period for a draft environmental document may be
combined with the Notice of Public Hearing under this Chapter.
D. Method of Notice.
1. Publication in a newspaper of general circulation within the City.
2. Mailed notice. Notice shall be mailed or delivered to:
a. Owners/applicant. The owner(s) of the real property being
considered or the owners authorized agent, and the applicant.
City of Dub/in Zoning Ordinance 132-1 September, 1997
Amended November 2009
Attachment 6
NOTICE AND HEARINGS
Chapter 8.132
b. Local agencies. Each local agency expected to provide water,
sewage disposal, streets, roads, schools, or other essential facilities
or services to the project, whose ability to provide those facilities
and services may be significantly affected.
C. Written request. Any person who has filed a written request for
notice with the City Clerk or Director and has paid the fee required
for such notice.
d. Owners of real property within 300 feet. All owners of real
property as shown on the latest equalized assessment roll within
300 feet of the property that is the subject of the hearing; or, when
the number of property owners to whom notice would be mailed is
more than 1,000 the Director of Community Development may
choose to provide the alternate notice allowed by California
Government Code Section 65091(a)(3).
e. Occupants of property contiguous to the project.
f. Additional notice. The Director may provide any additional
notice that he/she determines necessary or desirable.
8.132.040 Consideration of "4 iyo t 'w 1 Site Development Review, and
Variance.
The Director or his/her designee may approve, conditionally approve or
deny a x rml't_or Site Development Review without a public
hearing. The Zoning Administrator may approve, conditionally approve or
deny a Variance without a public hearing.
8.132.050 Notice of Decision. Where the Director considers a or
Site Development Review or the Zoning Administrator considers a
Variance pursuant to this Title, a Notice of Decision shall be given as
follows:
A. Timing. Notice shall be given not less than 10 days before the date of a
scheduled decision by the Director or the Zoning Administrator.
B. Content of notice. The Notice shall include, but not be limited to:
The date and time on or after which a decision will be made.
2. The place of the decision.
City of Dub/in Zoning Ordinance 132-2 September, 1997
Amended November 2009
NOTICE AND HEARINGS
Chapter 8.132
3. The name of either the Director or Zoning Administrator making the
decision.
4. A general explanation of the matter to be considered.
5. A general description, in text or by diagram, of the location of the real
property that is the subject of the decision.
C. CEQA notice may be combined with Notice of Decision. CEQA notice of
public review and comment period for a draft environmental document may be
combined with the Notice of Decision under this Chapter.
D. Method of Notice.
1. Mailed notice. Notice shall be mailed or delivered to:
a. Owners/applicant. The owner(s) of the real property being
considered or the owners authorized agent, and the applicant.
b. Local agencies. Each local agency expected to provide water,
sewage disposal, streets, roads, schools, or other essential facilities
or services to the project, whose ability to provide those facilities
and services may be significantly affected.
C. Written request. Any person who has filed a written request for
notice with the City Clerk or Director and has paid the fee required
for such notice.
d. Owners of real property within 300 feet. All owners of real
property as shown on the latest equalized assessment roll within
300 feet of the property that is the subject of the hearing; or, when
the number of property owners to whom notice would be mailed is
more than 1,000 the Director of Community Development may
choose to provide the alternate notice allowed by California
Government Code Section 65091(a)(3).
e. Occupants of property contiguous to the project.
L Additional notice. The Director may provide any additional
notice that he/she determines necessary or desirable.
8.132.060 Director of Community Development investigation. For all projects for
which a Notice of Public Hearing has been given, the Director shall
investigate the facts bearing on the case and prepare a staff report which
City of Dub/in Zoning Ordinance 132-3 September, 1997
Amended November 2009
NOTICE AND HEARINGS
Chapter 8.132
provides the information necessary for action consistent with the intent of
Title 8, the General Plan, and any applicable Specific Plans. The Director
shall present the staff report to the appropriate body.
8.132.070 Public Hearing Procedure. When a public hearing is required by this
Title, the hearing shall be conducted as follows:
A. Public Hearing. The public hearing shall be conducted according to such rules as
may be adopted by the hearing body and shall be held at the date, time, and place
stated in the required notice. Minutes of the public hearing shall be prepared and
an audio tape filed in the Department or the City Clerk as appropriate. At the
public hearing, interested persons shall be given the opportunity to present
information and testimony about the proposed project.
B. Continuing a Public Hearing. At the discretion of the hearing body, a public
hearing may be continued from its scheduled date to a future date provided that
prior to the adjournment or recess of the hearing, a clear announcement is made
specifying the date, time, and place to which said hearing will be continued.
8.132.080 Action of the Community Development Director, Zoning
Administrator, and City Council. The Community Development
Director, Zoning Administrator, and City Council shall take action and
shall record any decisions. The decision shall set forth any findings of the
decision-maker together with any required conditions of approval.
Following the public hearing the decision-maker shall provide written
notice of the action taken to the owner and/or applicant at the address
shown upon the application.
8.132.090 Action of the Planning Commission.
A. Final Action. The Planning Commission shall take action for all permits for
which it is the decision-maker and shall record its decision. The decision shall set
forth any findings of the Planning Commission together with any required
conditions of approval. Following the hearing the Planning Commission shall
provide written notice of the action taken to the owner and/or applicant at the
address shown upon the application.
B. Recommendation. For applications in which the Planning Commission makes a
recommendation, the Planning Commission shall transmit its recommendations in
writing to the City Council for final action.
City of Dub/in Zoning Ordinance 132-4 September, 1997
Amended November 2009