The purpose of this Chapter is to establish procedures for processing applications in this Title that require public hearings before the Planning Commission and/or City Council. (Ord. 1629, 11-16-2021)

Public hearings shall be held by the following two bodies as follows:

   A.   City Council. Applications that require a public hearing before the City Council include, but are not limited to:

      1.   Conditional Use Permit for onsite sale and consumption of alcohol at bars.

      2.   Density Bonus Agreement.

      3.   Development Agreement.

      4.   Final Map/Subdivision.

      5.   General Plan Amendment.

      6.   Historic Resource Designation as set forth in Chapter 14 of this Title.

      7.   Precise Plan Amendment.

      8.   Zoning Text Amendment.

      9.   Change of Zoning District.

      10.   Applications referred to the City Council by the Planning Commission.

      11.   Appeals of Planning Commission decisions.

   B.   Planning Commission. Applications that require a public hearing before the Planning Commission include, but are not limited to:

      1.   All applications listed in Subsection A (Planning Commission role is advisory).

      2.   Animal Permit Appeal as set forth in Chapter 2 of title 6.

      3.   Certificate of Appropriateness as set forth in Chapter 14 of this title.

      4.   Coastal Development Permit.

      5.   Conditional Use Permit.

      6.   Off-site parking covenant as set forth in Chapter 15 of this Title.

      7.   Downtown Design Review as set forth in the Downtown Specific Plan.

      8.   Site Plan Review.

      9.   Tentative Map/Subdivision.

      10.   Variance.

      11.   Waiver of Parcel Map.

      12.   Requests referred by the Director.

      13.   Appeals of Director's decisions. (Ord. 1629, 11-16-2021)

The applicant for any of the above requests, except those initiated by elected or appointed bodies of the City or City Staff, shall apply in writing using application forms provided by the Community Development Department, stating the type of discretionary permit desired. The applicant must submit the application form and any additional materials required by the Department along with the required filing fee, in an amount established by the City Council. (Ord. 1629, 11-16-2021; amd. Ord. 1639, 9-20-2022)

The Director or designee has the authority to request any additional information deemed necessary to evaluate the application. After all necessary information and material are submitted, the Director or designee shall deem an application complete. (Ord. 1629, 11-16-2021)

All proposals requiring a public hearing shall be set by the secretary of the Planning Commission for hearings to be held before the Planning Commission, and by the City Clerk for hearings to be held before the City Council. (Ord. 1629, 11-16-2021)

Applications requiring a public hearing shall contain specific information and be distributed in the manner prescribed below.

   A.   Notification Process: Notice shall be provided in all of the following ways:

      1.    Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to:

         a.   The owner of the subject real property as shown on the latest equalized assessment roll;

         b.   The owner's duly authorized agent, if any;

         c.   The project applicant;

         d.   Each local agency 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;

         e.   All owners of real property as shown on the latest equalized assessment roll within 300 feet and all occupants within 150 feet of the real property that is the subject of the hearing, unless the application is for director discretionary decisions, in which case only the owners and occupants of real property as shown on the latest equalized assessment roll within 150 feet of the real property that is the subject of the director decision shall be notified;

         f.   Any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code, when a public hearing is required for a tentative, final, or parcel map pursuant to the Subdivision Map Act;

         g.   Any person who has filed a written request for notice with either the City Clerk or the Director;

         h.   Any other party as required by California Government Code §§ 65090-65096 (Public Hearings);

         i.   The California Coastal Commission, if the development/project requires a Coastal Development Permit according to Chapter 15-26 of this Title.

      2.    In lieu of using the assessment roll, the City may use records of the county assessor or tax collector which contain more recent information than the assessment roll.

      3.    If the number of owners to whom notice would be mailed or delivered pursuant to subsection A1(e) is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least 1/8-page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing.

      4.    Notice of the hearing shall also be published in at least one newspaper of general circulation in the City at least 10 days prior to the hearing, or posted in at least three public places within the City boundaries, including one public place on the site or in the area directly affected by the proceeding. The posting on the affected site or area and maintenance of such notice shall be the responsibility of the applicant. Such notices shall be posted in a manner prescribed by the Director.

      5.   Notwithstanding 1. through 4. above, for applications listed in Section 15-28-2 involving a proposed zoning ordinance or an amendment to an existing zoning ordinance, notice of the hearing shall be given as described in this chapter, except that the notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least twenty (20) days before the hearing.

   B.   Contents of notification: The contents of the public hearing notice shall include:

      1.    A title stating "Notice of Public Hearing;"

      2.    The date, time and place of a public hearing;

      3.    The identity of the hearing body;

      4.   The City's file number(s) assigned to the application;

      5.    A general explanation of the matter to be considered; and

      6.    A general description, in text or as a diagram of the location of the property.

      7.   Coastal Development Permits. If the development requires a Coastal Development Permit, the notice shall also include a statement that the project is located within the coastal zone and the procedures of City and Coastal Commission appeals, including any City fees required, and a statement of whether or not the proposed development is appealable to the Coastal Commission.

(Ord. 1629, 11-16-2021; amd. Ord. 1668, 2-18-2025)

If, for any reason, testimony on a case set for public hearing cannot be completed on the date set for the hearing, the person presiding at the public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued. No further notice is required. (Ord. 1629, 11-16-2021)

   A.   Decision: the Planning Commission shall announce its findings by formal resolution. The resolution must recite the facts and findings for the granting or denial of the application. If granted, the resolution shall also recite such conditions and limitations as the Planning Commission may impose.

   B.   Notice: A copy of the Planning Commission resolution shall be mailed to the applicant at the address shown on the application filed with the Community Development Department and to any other person requesting a copy.

Coastal development permits. Within seven calendar days following Coastal Development Permit decisions, the City shall send a notice of final local action to the Coastal Commission. The notice shall include a copy of the Planning Commission resolution stating conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission.

   C.   Effective date: The action of the Planning Commission in granting or denying an application shall become final and effective the day following the end of a ten-day appeal period, unless a written appeal is filed with the City Council or the Coastal Commission as provided by Chapter 26 of this Title.

   D.   Expiration: Requests approved by the Planning Commission shall expire two years after the effective date if the privileges granted have not been utilized.

   F.   Time extensions. Planning Commission decisions may be extended for an additional period to be specified by the Planning Commission; provided that prior to the expiration date, a written request for a time extension is filed with the Director.

   G.   Appeals. Planning Commission decisions are appealable to the City Council, except decisions on Coastal Development Permits, which are appealable directly to the Coastal Commission. All appeals must be processed as provided by Chapter 29 of this title.

   H.   Suspension and revocation of approval. Upon violation of an applicable provision of this Title, or if granted subject to conditions, upon failure to comply with conditions, or if approval was obtained by fraud, an approved permit may be suspended automatically. The Planning Commission shall hold a public hearing, in accordance with the procedures prescribed in this Chapter, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the approval or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. (Ord. 1629, 11-16-2021; amd. Ord. 1639, 9-20-2022)

All requests listed above requiring a decision by the City Council, except for Development Agreements, shall first be reviewed by the Planning Commission at a public hearing as set forth in this Chapter and the Planning Commission shall make a recommendation to the City Council by resolution. (Ord. 1629, 11-16-2021)

The material related to any of the applications discussed in this chapter shall become a part of the permanent official records of the respective hearing authority. The permanent records shall consist of the following:

   A.   Application material, including the submitted application form, plans, exhibits, and any other material submitted with the application form.

   B.   Reports and exhibits prepared by City staff prior to the hearings.

   C.   Hearing files, including minutes of the proceedings, exhibits, names of persons who spoke, copies of notices and affidavits pertaining thereto.

   D.   Special studies performed to assist in the evaluation of requests, including but not limited to, environmental assessments and related documentation.

   E.   Decisions, including resolutions, ordinances, findings, and conditions of approval. (Ord. 1629, 11-16-2021)