The provisions of this chapter establish the procedures for all noticing and public hearing conducted by the City applicable to all land use, zoning, and development actions.

All applications, permits, or appeals requiring public hearing shall require public notification of the hearing in compliance with State law (Government Code Sections 65090, 65091, 65094, and 66451.3, and Public Resources Code 21000 et seq.), and as required by this chapter.

A.

Administrative Decisions. The Director shall approve, conditionally approve, or disapprove administrative permits. The Director may also decline to take action and forward the application for action to the Planning Commission public hearing.

B.

Setting Hearings.

1.

The Director shall set Planning Commission public hearings.

2.

The City Council Clerk shall set City Council public hearings.

C.

Planning Commission.

1

The Planning Commission may establish its own rules for the conduct of public hearings.

2.

The person acting as chair of the Planning Commission is hereby empowered to administer oaths to any person testifying at a hearing before the Planning Commission.

3.

The Planning Commission, or members of its staff, shall be responsible for investigation of facts bearing upon an application for hearing, including an analysis of precedent cases, as appropriate to provide pertinent information regarding the application to properly determine applications and actions are consistent with the purpose of this chapter and with previous amendments or variances.

D.

Administrative Citations. Noticing and hearings for administrative citations shall be conducted in accordance with the provisions of Chapter 1.14 of this Code.

Notice of the time and place of all discretionary applications and appeals requiring a public hearing shall be given in the manner provided by Section 65905 of the Government Code or where exceeded by the following requirements:

A.

Notice Address. All notices and other communications required or governed by this chapter for an applicant shall be addressed to the applicant at the address at which the applicant conducts his/her business. All notices and other communications to the City shall use the applicant's published address for receipt of public communications.

B.

Content of Notice. Public notices of hearings or administrative decisions on all discretionary applications requiring public hearing shall consist of the words "Notice of Public Hearing" or "Notice of Intended Decision." Additionally, notice of public hearing shall include the following:

1.

Hearing information including date, time, place and purpose of the hearing, name of the hearing body, and Planning Division contact for additional information.

2.

Project information including the name of applicant, City case number (if relevant and available), general explanation of matter to be considered, purpose of application, and description of property and location map (except if it is City-wide) that is the subject of the hearing.

3.

Statement of environmental documentation, including if any CEQA-related document has been prepared for the project, if the project has been determined to be exempt in compliance with CEQA, and whether the hearing will include review/approval of such documentation.

4.

Where application is made for administrative decisions or public hearings, the Director or the Planning Commission shall have the discretion to include in the notice of hearing a statement that alternative classifications and/or additional properties and/or uses will be considered.

C.

Required Advance Notice.

1.

Mailing. Notice shall be mailed postage prepaid not less than ten (10) days prior to the scheduled hearing date or administrative decision of the Director.

2.

Notice Radius. Mailed notice shall be sent to the owners of property within a five hundred (500)-foot radius of the exterior boundaries of the project property that is the subject of the hearing, except the following exemptions:

a.

The Director may determine broader public notice requirements are needed based upon the nature of a proposed project. The names and address of all property owners required to receive notice shall be submitted to the City by the applicant as delineated in the City's public notice package.

b.

The public notice radius for DPs for large-family child care homes shall be one hundred (100) feet from the exterior boundaries of the property for which said application is sought.

3.

Circulated Notification. If the number of property owners requiring notification subject to Section 20.505.030.B.2 is more than 1,000, the Director may provide a circulated notice allowed by Government Code Section 65091.

4.

Decision Notification. Notification of the hearing or intended administrative decision to be given by publication shall be made and done in a newspaper with general circulation in accordance with Section 65905 of the Government Code.

5.

Posted Notices. Notice of the Permit Application shall be posted on the project site in a conspicuous location for public visibility within one (1) week of application submittal.

a.

The "Notice of Permit Application" posting shall have a minimum size of sixteen (16) square feet, except a posted notice for a large-family child care home application, which shall be four (4) square feet.

D.

Noticing Package. The applicant shall provide a public notice package that shall include the following:

1.

San Diego County Assessor's Map(s): showing the entire property (project site) by crosshatched markings with a radius line encircling the property at a distance of five hundred (500) feet from the perimeter property line. Each parcel lying wholly or in part within the five hundred (500)-foot line shall have the actual parcel number delineated. Assessor's maps must be drawn to scale and be submitted on eight and one-half (8-1/2) by eleven (11)-inch sheets.

2.

Typed list of all affected property owners: (project site and parcels delineated within the five hundred (500)-foot radius) by Assessor's Parcel Number with name and address as listed on the latest equalized Assessor's rolls. The list shall also include occupants of each parcel.

a.

A minimum of ten (10) property owners surrounding the project site must be listed.

b.

If the five hundred (500)-foot radius is within the boundary of an owner-occupied mobilehome park/project, or condominium project, the entire mobilehome park or condominium complex shall be included in the public notice package.

c.

For properties located within the Ridgeline Protection and Management Overlay Zone, the property shall be identified with a crosshatch identifying a 1,000-foot radius. The radius shall be expanded as necessary to include a minimum of one hundred (100) property owners.

3.

Three (3) separate sets of gummed mailing labels on eight and one-half (8-1/2) by eleven (11)-inch sheets containing the information in Section 20.505.030.C.2 for each property owner and occupant on the list. If a property owner owns several contiguous parcels, the applicant need only submit one (1) label with each set. If the application requires Council approval, two (2) additional sets of labels are required. In addition, if a project requires a public workshop the applicant will be required to submit one (1) additional set of labels. If the workshop or hearings are held more than one (1) year after the initial list of property owners was provided by the applicant, the applicant shall be required to provide new list and set(s) of labels using the latest County Assessor data available.

4.

If the project is appealed, the applicant will be required to submit an additional set of gummed labels on eight and one-half (8-1/2) by eleven (11)-inch sheets containing the names and addresses of all property owners of the subject site and within five hundred (500) feet of a project. The names on these labels must match the names on the typed list.

5.

Public Notice Affidavit: This form, signed by the applicant, certifies that the names and addresses submitted with the public notice package are from the latest adopted San Diego County Tax Assessors Rolls.

6.

Completed Tenant Public Notice Affidavit: Some applications may require notification of nearby apartments/condominiums/mobilehome parks, industrial park tenants, or commercial center tenants.

If, for any reason, testimony on any matter set for public hearing cannot be completed on the day set for such hearing, the person presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued and no further notice shall be required.