Pacific Grove City Zoning Code
CHAPTER 23
86 PUBLIC MEETING AND HEARING PROCEDURES
§ 23.86.010 Purpose.
This chapter provides procedures for public hearings before the zoning administrator, architectural review board, historic resources committee, planning commission, and city council. When a public hearing is required by these regulations, public notice shall be given and the hearing shall be conducted as provided by this chapter. This chapter also provides procedures for public meetings before the site plan review committee, and the special noticing procedures for staff approvals (notice of administrative decisions).
(Ord. 11-001 § 2, 2011)
§ 23.86.015 Scheduling of public hearing.
After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and a department staff report, if applicable, the project shall be scheduled for public hearing on the next available review authority agenda. If applicable, the required hearing shall be held no sooner than 21 days after the posting of a proposed negative declaration.
(Ord. 11-001 § 2, 2011)
§ 23.86.020 Notice of public hearing.
When a use permit, variance, historic preservation permit, historic determination, legislative amendment, or similar matter requires a public hearing, the public shall be provided notice of the hearing as required by this section and by any additional noticing procedures adopted by council resolution. Such additional noticing requirements are available in the community development department.
(a)
Contents of Notice. Notice of a public hearing shall include:
(1)
Hearing Information. The date, time, and place of the hearing and the name of the hearing body; a brief description of the city's general procedure concerning the conduct of hearings and decisions; and the phone number and street address of the department, where an interested person could call or visit to obtain additional information;
(2)
Project Information. The date of filing of the application and the name of the applicant; the city's file number assigned to the application; 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;
(3)
Statement on Environmental Document. If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the city'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; and
(4)
Coastal Zone Information. If the proposed development is within the coastal zone, the notice shall also include a statement that the development is within the coastal zone.
(b)
Method of Notice Distribution. Notice of a public hearing required by this section shall be given as follows:
(1)
Publication. Notice shall be published at least once in a newspaper of general circulation in the city at least 10 days before the hearing.
(2)
Mailing. Notice shall be mailed or delivered at least 10 days before the hearing to the following:
(A)
Owner(s) of Proposed Site. The owner(s) of the property being considered in the application, or the owner's agent, and the applicant;
(B)
Local Agencies. 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)
Affected Owners. Owners of all real property as shown on the latest county equalized assessment roll, within a radius of 300 feet of the exterior boundaries of the site that is the subject of the hearing; and any other person whose property might, in the judgment of the chief planner, be affected by the proposed project;
(D)
Persons Requesting Notice. Any person who has filed a written request for notice with the department and has paid the required fee for the notice; and
(E)
Coastal Commission. The Coastal Commission, if the proposed development is within the coastal zone.
(3)
Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (b)(2) of this section is more than 1,000, the department may choose to provide the alternative notice pursuant to Government Code Section 65091(a)(3), except for developments within the coastal zone.
(4)
Posting. The department shall conspicuously post notice on the subject lot in a location that can be viewed from the nearest street. If the subject lot is a through lot, a notice shall be conspicuously posted adjacent to each street frontage in a location that can be viewed from the street.
(5)
Additional Notice. In addition to the types of notice required above, the department may provide additional notice as the chief planner determines necessary or desirable, and may consult with the planning commission for advice.
(Ord. 11-001 § 2, 2011; Ord. 12-005 § 5, 2012)
§ 23.86.030 Notice of administrative decision procedure.
Notice of an administrative decision to approve a community development permit shall be given as follows:
(a)
Contents of Notice. The contents of a notice of administrative decision shall be as provided in PGMC § 23.86.020(a).
(b)
Method of Notice Distribution. A notice of administrative decision shall be given as follows:
(1)
Mailing.
(A)
Mailed notice for administrative use permits, administrative use permit amendments, administrative variances, and administrative variance amendments shall be provided to:
(i)
Owners of all property located within a 300-foot radius of the exterior boundaries of the subject lot. The names and addresses used for such notice shall be those appearing on the equalized county assessment roll, as updated from time to time; and
(ii)
Any person who has filed a written request for notice with the department and has paid the required fee for the notice.
(B)
Mailed notice for administrative architectural permits, architectural design changes, lot mergers, administrative sign approvals, and permitting of undocumented dwelling units shall be provided to:
(i)
Owners of all property abutting the exterior boundaries of the subject lot. The names and addresses used for such notice shall be those appearing on the equalized county assessment roll, as updated from time to time; and
(ii)
Any person who has filed a written request for notice with the department and has paid the required fee for the notice.
(2)
Posting. The department shall conspicuously post notice on the subject lot in a location that can be viewed from the nearest street. If the subject lot is a through lot, a notice shall be conspicuously posted adjacent to each street frontage in a location that can be viewed from the street.
(3)
Timeline. The notice shall be mailed and posted no later than 15 days following the submittal of a complete application to the department and at least 10 days before an action by the chief planner to approve a community development permit.
(4)
Duration of Posting. The notice shall be continuously posted from the date required by subsection (b)(3) of this section until the effective date of the chief planner's decision to approve, or approve with conditions, the community development permit.
(5)
Request for Hearing. If a written request is received by the department within the 10-day noticing period before final approval of the community development permit, a public hearing will be held by the hearing authority, pursuant to the noticing requirements of PGMC § 23.86.020 if it pertains to an administrative use permit or variance. Noticing of such hearings for all other staff approval permits shall be carried out pursuant to PGMC § 23.86.040.
(Ord. 11-001 § 2, 2011; Ord. 13-005 § 4, 2013)
§ 23.86.040 Notice of hearings for architectural permits.
Notice of public hearings for architectural permits, and for administrative architectural permits if a hearing is necessary, shall be given as required by this section and by any additional noticing procedures adopted by council resolution. Such additional noticing requirements are available in the community development department and address, among other items, the applicant's responsibilities to install story poles and netting.
(a)
Contents of Notice. The contents of the notice shall be as provided in PGMC § 23.86.020(a).
(b)
Method of Notice Distribution. A notice shall be given as follows:
(1)
Mailed Notice. Mailed notice shall be provided to:
(A)
Owners of all property abutting the exterior boundaries of the subject lot. The names and addresses used for such notice shall be those appearing on the equalized county assessment roll, as updated from time to time; and
(B)
Any person who has filed a written request for notice with the department and has paid the required fee for the notice.
(2)
Posting. The department shall conspicuously post notice on the subject lot in a location that can be viewed from the nearest street. If the subject lot is a through lot, a notice shall be conspicuously posted adjacent to each street frontage in a location that can be viewed from the street.
(3)
Timeline. The notice shall be mailed and posted no later than 15 days following the submittal of a complete application to the department and seven days before the scheduled date of the initial review by the architectural review board or zoning administrator, including conceptual review.
(4)
Duration of Posting. The notice shall be continuously posted from the date required by subsection (b)(3) of this section, until 10 days following action by the architectural review board or zoning administrator.
(Ord. 11-001 § 2, 2011; Ord. 12-005 § 5, 2012)
§ 23.86.050 Notice of public meetings.
Notice of public meetings for the site plan review committee, and for all site review meetings for boards and commissions, shall be given as follows:
(a)
Posted Notice. The department shall conspicuously post notice on the subject lot in a location that can be viewed from the nearest street. If the subject lot is a through lot, a notice shall be conspicuously posted adjacent to each street frontage in a location that can be viewed from the street. The notice shall be posted on the site a minimum of three business days before a scheduled public meeting.
(Ord. 11-001 § 2, 2011)
§ 23.86.060 Hearing continuance.
Hearings shall be held at the date, time, and place described in the public notice required by this chapter. Any hearing may be continued if needed; provided, that before the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time, and place to which the hearing will be continued.
(Ord. 11-001 § 2, 2011)
§ 23.86.070 Decision and notice.
(a)
Decision. The review authority (zoning administrator, site plan review committee, architectural review board, historic resources committee, planning commission, or council, as applicable) may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with PGMC § 23.86.060. At the conclusion of a hearing conducted by the zoning administrator on any matter listed in PGMC § 23.70.040(c)(1), the zoning administrator may instead refer the item to the first appeal authority for a decision. The decision of the council on any matter, except a local coastal program amendment (see PGMC § 23.84.070), shall be final.
(b)
Notice of Decision. The notice of decision shall contain applicable findings, any conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the city.
(Ord. 11-001 § 2, 2011)
§ 23.86.080 Notice of recommendation by planning commission on amendments.
At the conclusion of any public hearing on a proposed amendment to the general plan, local coastal program land use plan, these regulations, the zoning map, or other provision of the local coastal program, a development agreement, or a specific plan, the planning commission shall forward a recommendation, including all required findings, to the council for final action.
Following the hearing, a copy of the planning commission's recommendation shall be mailed to the applicant at the address shown on the application.
(Ord. 11-001 § 2, 2011)
§ 23.86.090 Effective date of decision.
The decision of the review authority is final and effective on the eleventh day following the decision unless an appeal is filed in compliance with Chapter 23.74 PGMC (Appeals and Call-Ups), and except for local coastal program amendments pursuant to PGMC § 23.84.070.
(Ord. 11-001 § 2, 2011)
