San Bruno City Zoning Code
CHAPTER 12
132 PUBLIC HEARING
§ 12.132.010 Procedure for zoning hearings.
A.
The community development director and planning commission shall develop and publish procedural rules for conduct of its hearings so that all interested parties shall have advance knowledge of procedures to be followed.
B.
When a matter is contested and a request is made in writing prior to the date of the hearing, the decision-making body shall insure that a record of the hearing shall be made and duly preserved, a copy of which shall be available at cost. The city may require a deposit from the person making the request.
C.
When a planning staff report exists, such report shall be made public prior to or at the beginning of the hearing and shall be a matter of public record.
D.
When any hearing is held on an application for a change of zone, a staff report with recommendations and the basis for such recommendations shall be included in the record of the hearing.
E.
Notice of final action on an application shall be provided within five working days to those persons who:
§ 12.132.020 Hearing notices-Amendments.
When a public hearing is held by the planning commission or the city council to consider the adoption of or an amendment to a zoning ordinance, which amendment rezones property or imposes any regulation listed in California Government Code Section 65860 not theretofore imposed or removes or modifies any such regulation, notice of the time and place of said hearing, including a general explanation of the area affected, shall be given at least ten calendar days before the hearing in the following manner:
A.
The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city or, if there is none, it shall be posted in at least three public places in the city.
B.
In prezoning, the notice shall be published at least once in a newspaper of general circulation, published and circulated in the area to be prezoned or, if there is none, it shall be posted in at least three public places in the area to be prezoned.
C.
In addition to notice of publication or posting, the city shall refer to the latest assessor's roll and give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, owning real property within three hundred feet of the proposed zoning change.
D.
The city shall give notice by first class mail to any person who has filed a written request therefor with the planning commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. A reasonable fee, as set by the city council, shall be imposed on persons requesting such notice.
E.
In the event that the proposed zoning change has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the planning commission shall also give mailed notice to the owner of the property as shown on the latest equalized assessment roll.
F.
In the event that the number of owners to whom notice would be sent pursuant to subsections D and E, is greater than one thousand, the city may, as an alternative to the notice required in subsections A and C of this section, provide notice pursuant to this subsection. Such notice shall be given at least ten days prior to the hearing by either of the following procedures:
1.
By placing a display advertisement of at last one-fourth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment; or
2.
By placing an insert with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billings for city services.
Such advertisement or mailing insert shall specify the type and magnitude of the changes proposed, the place where copies of the proposed changes may be obtained, the time, date and place of the hearing, and the right to appear and be heard. |
G.
Failure to receive the notice required by this section shall not invalidate the ordinance or amendment.
H.
This section shall not apply to a proposed zoning ordinance or to an amendment to an existing zoning ordinance which does not affect the permitted uses of real property within the city.
I.
The city may give additional notice of the hearing in such other manner as it may deem necessary or desirable.
J.
Any hearing may be continued from time to time.
§ 12.132.030 Hearing notices-Use permits, architectural review permits, planned unit permits, variances, appeals.
A.
Whenever an application for any approval, or an appeal from action taken on a matter requiring a public hearing is submitted to the body or person charged with conducting a public hearing thereon, notice of hearing shall be given as follows:
1.
By notice through the United States mail, with postage prepaid using addresses from the latest equalized assessment roll, or alternatively, from such other records of the assessor or tax collector as contain more recent addresses in the opinion of the secretary of such body or person; and
2.
By publication at least once in a newspaper of general circulation, published and circulated in the city, or by posting said notice in at least three conspicuous places close to the property affected.
B.
When mailed notice is used, notice shall be given as follows:
1.
Applications, as set forth in this article, that require a public hearing shall require a mailed notice be sent, pursuant to this section, to all owners of property within three hundred feet of the exterior boundaries of the property for which an application is being considered, except for applications for administrative temporary use permits, which shall only require that notice be mailed to persons owning real property adjacent to the exterior boundaries of the property for which the application is being considered, per Section 12.84.030D.3;
2.
Applications, as set forth in this article, that do not require a public hearing, shall require a mailed notice be sent, pursuant to this section, to all owners of property adjacent to, which shall include across a street, the exterior boundaries of the property for which an application is being considered;
3.
Said notices shall be mailed not less than ten or more than thirty days before the scheduled hearing or action date.
C.
When posted notice is used, posting shall be on utility poles on both sides of the property frontage and across the street from the subject property.