For certain planning and development applications, this Code requires a notice of application and/or a public hearing to be held by the City Council, Planning Commission, Residential Development Evaluation Board, or the Community Development Director or the Director’s designee. Where a notice of application and/or a notice of public hearing is required for such applications, this chapter establishes regulations for providing such notice.

(§ 1, Ord. 1178-NS, eff. April 27, 1993, as amended by § 16, Ord. 1210-NS, eff. May 24, 1994)

   This chapter establishes regulations for providing notice of the availability for public review of draft environmental documents prepared by the City pursuant to the California Environmental Quality Act, including draft negative declarations and draft environmental impact reports.

(§ 1, Ord. 1178-NS, eff. April 27, 1993)

   Regulations contained in this chapter are not intended to supersede or conflict with regulations contained in State law administrative regulations, but rather to expand the public hearings notice requirements for certain applications within the City.

   Notice of all public hearings shall comply with applicable regulations established by the California Government Code.

   Notice of availability of draft environmental documents shall comply with applicable regulations established by or pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) and the Guidelines for Implementation of CEQA (14 Cal. Code of Regs. Section 15000, et seq.) (the “Guidelines”).

(§ 1, Ord. 1178-NS, eff. April 27, 1993)

   (a)   Notice of application. Every notice of application provided pursuant to this article shall contain the following information:

   (1)   The date on which the decision-making officer proposes to render a decision absent a written statement of opposition to the application or request for public hearing;

   (2)   A general description of the application, project, or other matter to be considered;

   (3)   The identity of the applicant;

   (4)   Where applicable, the location of the subject property by street address, map or description in relationship to existing streets.

   (b)   Notice of public hearing. Every notice of public hearing provided pursuant to this article shall contain the following information:

   (1)   The date, time and place of the public hearing;

   (2)   The identity of the hearing body or officer (e.g., City Council, Planning Commission or administrative hearing officer);

   (3)   A general description of the application, project or other matter to be considered;

   (4)   The identity of the applicant;

   (5)   Where applicable, the location of the subject property by street address, map or description in relationship to existing streets.

(§ 1, Ord. 1178-NS, eff. April 27, 1993, as amended by § 17, Ord. 1210-NS, eff. May 24, 1994)

   (a)   All notices of application and notices of public hearings shall be given by the means specified in this section; provided, however, that the City Council, Planning Commission or Community Development Director may provide additional notice of a hearing in any manner deemed desirable.

   (b)   Category 1 applications. The following types of applications are defined as Category 1 applications:

Precise plan of design

Temporary use permits, and modifications thereto

   Where this Code requires a notice of application or a notice of public hearing for a Category 1 application, it shall be given by all of the following means:

   (1)   By mailing or delivery as specified by Section 9-12.203 of this article;

   (2)   By posting as specified by Section 9-12.207 of this article.

   (c)   Category 2 applications. The following types of applications are defined as Category 2 applications:

Lot line adjustment

   Where this Code requires a notice of application or a notice of public hearing for a Category 2 application, it shall be given by the following means:

   (1)   By mailing or delivery as specified by Section 9-12.204 of this article.

   (d)   Category 3 applications. The following types of applications are defined as Category 3 applications:

Administrative action

Alternate parking agreement

Minor modifications–permits and tracts

Parcel map waiver

Permits–administrative hearing

   Where this Code requires a notice of application or a notice of public hearing for a Category 3 application, it shall be given by all of the following means:

   (1)   By mailing or delivery as specified by Section 9-12.204 of this article;

   (2)   By posting as specified by Section 9-12.207 of this article.

   (e)   Category 4 hearings. Where this Code requires that a public hearing be held to consider the following types of applications, it shall be defined as a Category 4 public hearing:

Development Agreements–Specific Plan 15 area only

Land divisions and modifications thereto

Reversion to acreage

Variances and modifications thereto

   Notice of Category 4 public hearings shall be given by all of the following means:

   (1)   By mailing or delivery as specified by Section 9-12.204 of this article;

   (2)   By mailing or delivery to local agencies as specified by Section 9-12.205 of this Article;

   (3)   By mailing or delivery to homeowners or property owners associations as specified by Section 9-12.206 of this article;

   (4)   By posting as specified by Section 9-12.207 of this article;

   (5)   By publication as specified by Section 9-12.209 of this article.

   (f)   Category 5 hearings. Where this Code requires that a public hearing be held to consider the following types of applications, it shall be defined as a Category 5 public hearing:

General Plan amendments

Amendments to the Zoning Regulations of the City

Zone changes and prezoning

Specific Plans and Specific Plan amendments

Development agreements, amendments, cancellation (other than Specific Plan 15 area)

Tentative tract maps

Condominium conversions

Civic district establishment or amendment

Permits-Planning Commission hearing

Major modifications to permits and tracts

Sale, disposition, lease or other transfer of City open space property per Chapter 13 of this title.

   Notice of Category 5 public hearings shall be given by all of the following means:

   (1)   By mailing or delivery as specified by Section 9-12.204 of this article;

   (2)   By mailing or delivery to local agencies as specified by Section 9-12.205 of this article;

   (3)   By mailing or delivery to homeowners or property owners associations as specified by Section 9-12.206 of this article.

   (4)   By posting as specified by Section 9-12.208 of this article;

   (5)   By publication as specified by Section 9-12.209 of this article.

   Provided, however, that in the case of General Plan amendments and amendments to the Zoning Regulations of the City which are not site-specific, the only required notice shall be notice by publication as specified in Section 9-12.209 of this article. At least forty-five (45) days prior to the public hearing, a notice of application shall be provided with the information specified by Section 9-12.201.

   At least forty-five (45) days prior to the public hearing, a notice of application shall be provided with the information specified by Section 9-12.204.

   (g)   Category 6 hearings. Where a public hearing by the Planning Commission is required to consider an application referred by, or an appeal of a decision rendered by, the Community Development Director, or where a public hearing by the City Council is required to consider an appeal of a decision rendered by the Planning Commission, it shall be defined as a Category 6 hearing.

   Notice of Category 6 hearings shall be provided in the same manner as originally required for the application or administrative action being appealed or referred; provided, however, that any notice of a Category 6 hearing which is required to be published shall be published in the legal advertising section pursuant to the specifications set forth in Section 9-12.209 of this article.

   (h)   Where this section would require a notice by mailing or delivery, and the number of notices that would be required is greater than one thousand (1,000), then notice may be given by publication one time within a display advertisement, said advertisement to be at least one-eighth (1/8) page in size, in lieu of mailing or delivery.

   (i)   As used herein, the term “permits” includes those permits defined and regulated by Article 28 of Chapter 4 of this title.

(§ 1, Ord. 1178-NS, eff. April 27, 1993, as amended by § 2, Ord. 1194-NS, eff. December 14, 1993, § 1 Ord. 1203-NS, eff. March 22, 1994, § 18, Ord. 1210-NS, eff. May 24, 1994, §§ 1, 2, Ord. 1279-NS, eff. April 9, 1997, § 20, Ord. 1379-NS, eff. August 9, 2001 § 2, Ord. 1385-NS, eff. October 18, 2001, and § 37, Ord. 1555-NS, eff. May 13, 2011)

   (a)   Where the notice of applications or notice of public hearing is required to be given pursuant to this section, it shall be given by mailing or delivery, at least fourteen (14) days prior to the public hearing, or in the case of a notice of application, at least fourteen (14) days prior to the proposed decision date, to the owner of the subject property or the owner’s duly authorized agent, to the applicant, and to any person who has filed a written request for notice with either the City Clerk or the Community Development Director.

   (b)   For precise plan of design applications, in addition to the notice required by subsection (a) above, notice shall also be given to owners of real property located within one hundred fifty (150') feet of the real property which is the subject of the application or public hearing.

   (c)   For temporary use permits, in addition to the notice required by subsection (a) above, notice shall also be given to all owners of real property located adjacent to or across the street from the real property which is the subject of the application or public hearing.

   (d)   Ownership information shall be obtained from the latest equalized assessment roll, or records of the County Assessor Tax Collector containing more recent ownership information.

(§ 1, Ord. 1178-NS, eff. April 27, 1993, as amended by § 19, Ord. 1210-NS, eff. May 24, 1994, § 1, Ord. 1373-NS, eff. February 8, 2001, and § 8, Ord. 1414-NS, eff. Oct. 2, 2003)

   Where notice of application or notice of public hearing is required to be given pursuant to this section, it shall be given by mailing or delivery, at least fourteen (14) days prior to the public hearing, or in the case of a notice of application, at least fourteen (14) days prior to the proposed decision date, to the owner of the subject property or the owner’s duly authorized agent, to the applicant, to any person who has filed a written request for notice with either the City Clerk or the Community Development Director, and to all owners of real property located within five-hundred (500') feet of the real property which is the subject of the application or public hearing. Ownership information shall be obtained from the latest equalized assessment roll, or records of the County Assessor or Tax Collector containing more recent ownership information.

(§ 1, Ord. 1178-NS, eff. April 27, 1993, as amended by § 19, Ord. 1210-NS, eff. May 24, 1994, and § 2, Ord. 1373-NS, eff. February 8, 2001)

   Where notice is required to be given pursuant to this section, it shall be given by mailing or delivery at least fourteen (14) days prior to the public hearing, to each local agency expected to provide water, wastewater, streets, roads, schools, parks or other essential facilities or services to the property or project, whose ability to provide those facilities and services may be significantly affected.

(§ 1, Ord. 1178-NS, eff April 27, 1993, as amended by § 3, Ord. 1373, NS, eff. February 8, 2001)

   Where notice is required to be given pursuant to this section, it shall be given by mailing or delivery, at least fourteen (14) days prior to the public hearing, to any homeowners or property owners association representing areas within one mile of the real property which is the subject of the public hearing, which association has informed the Community Development Director in writing of its existence. Such notice shall be mailed or delivered to the president of the association, or to such other representative of the association as may be designated in writing by the president of the association, at an address specified in writing by the president of the association or designated representative.

(§ 1, Ord. 1178-NS, eff. April 27, 1993, as amended by § 4, Ord. 1373-NS, eff. February 8, 2001)

   Where notice of application or notice of public hearing is required to be given pursuant to this section, it shall be given by posting on the real property which is the subject of the application or public hearing at least fourteen (14) days prior to the public hearing, or in the case of a notice of application, at least fourteen (14) days prior to the proposed decision date, with a sign of at least twenty-four (24") by twenty-four (24") inch dimension, designed, constructed and located in accordance with specifications issued by the Community Development Director.

(§ 1, Ord. 1178-NS, eff. April 27, 1993, as amended by § 19, Ord. 1210-NS, eff. May 24, 1994; and § 5, Ord. 1373-NS, eff. February 8, 2001)

   Where notice is required to be given pursuant to this section, it shall be given by posting on the real property which is the subject of the public hearing, at least forty-five (45) days prior to the public hearing, with a sign or signs, not to exceed a total of four (4) in number, of thirty-two (32) square feet in size, designed, constructed and located in accordance with specifications issued by the Community Development Department. Copy indicating date and time of the hearing shall be in place on the sign at least fourteen (14) days prior to the hearing.

(§ 1, Ord. 1178-NS, eff. April 27, 1993 and § 3, Ord. 1385-NS, eff. October 18, 2001)

   Where notice is required to be given pursuant to this section, it shall be given by publication one time in the legal advertising section of a newspaper of general circulation within the City, said publication to occur at least fourteen (14) days prior to the public hearing.

(§ 1, Ord. 1178-NS, eff. April 27, 1993; as amended by § 6, Ord. 1373-NS, eff. February 8, 2001)

(§ 1, Ord. 1178-NS, eff. April 27, 1993, repealed by § 4, Ord. 1279-NS, eff. April 9, 1997)

   Every notice of availability of a draft negative declaration or draft environmental impact report provided pursuant to this article shall contain information prescribed by CEQA and the Guidelines and shall include the following information:

   (a)   The project’s application number or title, and a general description of the project;

   (b)   The identity of the applicant;

   (c)   Where applicable, the location of the subject property by street address, map, or description in relationship to existing streets;

   (d)   The length of the public review period and the date it closes;

   (e)   The location where comments on the draft environmental document shall be submitted.

(§ 1, Ord. 1178-NS, eff. April 27, 1993)

   In addition to any other parties required to be given notice pursuant to the California Environmental Quality Act or administrative guidelines issued pursuant thereto, notice of the availability of all draft environmental documents shall be given by publication one time in the legal advertising section of a newspaper of general circulation within the City; provided, however, that the City Council, Planning Commission, or Community Development Director may provide additional notice in any other manner deemed desirable.

(§ 1, Ord. 1178-NS, eff. April 27, 1993)