Fountain Valley City Zoning Code
CHAPTER 21
58 PUBLIC HEARINGS
§ 21.58.010 Purpose.
This chapter provides procedures for public hearings before the director, commission and council.
(Ord. 1308 § 5, 2000)
§ 21.58.020 Notice of hearing.
When an amendment, appeal, entitlement or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with state law.
(1)
Contents of Notice. notice of a public hearing shall include:
(A)
The date, time and place of the hearing, the name of the hearing body, and the phone number and street address of the department where an interested person may call or visit to receive additional information;
(B)
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;
(C)
A statement that persons wishing to be heard on the matter may attend and be heard; and
(D)
If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the city's environmental review procedures, the notice shall include a statement that the hearing body shall also consider approval of the proposed negative declaration or certification of the final environmental impact report.
(2)
Method of Notice Distribution. Notice of a public hearing required by this chapter for an amendment, appeal, or entitlement shall be given as follows, as required by state law:
(A)
Publishing. Notice shall be published at least once in a local newspaper of general circulation within the city at least ten days before the hearing;
(B)
Posting. Notice shall be posted, at least ten days before the hearing, in at least three public places in the city, in compliance with the department's handout on public hearing requirements.
(C)
Mailing.
(i)
Notice shall be mailed, or delivered, at least ten days before the hearing, through the United States mails with postage prepaid, to:
a.
The owner(s) of the property being considered or the owner's agent, and the applicant(s);
b.
Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;
c.
All owners and tenants of real property as shown on the county's latest equalized assessment roll within a five hundred-foot radius of the subject parcel; and
d.
Any person who has filed a written request for notice with the director.
(ii)
The five hundred-foot radius shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels, without reference to structures existing on either parcel(s).
(3)
Additional Notice. In addition to the types of notice required by subsections (a) and (b) of this section, the director may provide additional notice with content or using a distribution method as the director or commission determines is necessary or desirable (e.g., use of a greater radius for notice, on the Internet, etc.).
(Ord. 1308 § 5, 2000)
§ 21.58.030 Notice of decision commission.
(a)
Action. The commission shall announce and record the decision at the conclusion of the scheduled hearing.
(b)
Decision. The decision shall contain applicable findings, any conditions of approval and reporting/monitoring requirements deemed reasonable and necessary to mitigate any impacts and protect the public convenience, health, interest, safety or welfare of the city.
(Ord. 1308 § 5, 2000)
§ 21.58.040 Finality of decision by commission.
The decision of the commission is final unless appealed in compliance with Chapter 21.60 (Appeals) of this title.
(Ord. 1308 § 5, 2000)
§ 21.58.050 Recommendation by commission.
At the conclusion of a public hearing on a proposed adoption or amendment of a development agreement, this title, the general plan, a specific plan or the zoning map the commission shall forward a written recommendation, including all required findings, to the council for final action.
(Ord. 1308 § 5, 2000)
§ 21.58.060 Notice of decision council.
(a)
Action. For applications requiring council approval, the council shall announce and record its decision at the conclusion of the public hearing.
(b)
Decision. The decision shall contain the findings of the council, any conditions of approval and reporting/monitoring requirements deemed reasonable and necessary to mitigate impacts and protect the public convenience, health, interest, safety or welfare of the city.
(Ord. 1308 § 5, 2000)
§ 21.58.070 Continuance of the hearing.
(a)
May Continue Hearing. If a hearing cannot be completed on the scheduled day, the presiding review authority member, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time and place to which the hearing will be continued.
(b)
Notice not Required. Additional notice for the continued hearing shall not be required.
(c)
Applicant Requested Continuance. A continuance requested by the applicant or appellant shall be accompanied by a fee in compliance with the city's fee resolution.
(Ord. 1308 § 5, 2000)
§ 21.58.080 Mailing of the notice of decision.
A notice of the decision, recommendation, any applicable conditions of approval and the reporting/monitoring requirements shall be mailed to the applicant at the address shown on the application.
(Ord. 1308 § 5, 2000)
§ 21.58.090 Permanent record.
A summary of all pertinent evidence offered at the public hearing(s) held in compliance with chapter, and the names of persons testifying, shall be recorded and filed with the application as part of the department's official records.
(Ord. 1308 § 5, 2000)