Simi Valley |
Code of Ordinances |
Title 9. DEVELOPMENT CODE Simi Valley Municipal Code |
Chapter 9-74. Public Hearings |
§ 9-74.020. Notice of Hearing
When a land use permit or other matter requires a public hearing, the public shall be provided notice 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.
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 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 by diagram, of the location of the property that is the subject of the hearing; and
3.
Statement on environmental document. If a draft Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) has been prepared for the project, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the Simi Valley Environmental Review Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the draft Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR).
B.
Method of notice distribution. Notice of a public hearing required by this Chapter for a land use permit or other matter shall be given as follows, and as required by State law:
1.
Mailed notice required.
a.
Who shall receive notice. Notice shall be mailed, or delivered, at least 10 days before the date of the hearing, through the United States mail with postage prepaid, to:
(1)
The applicant(s) and owner(s) of the subject property, if different from the applicant, or the owner's agent;
(2)
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;
(3)
All owners and occupants of real property situated in whole or in part within a radius of 300 feet of the exterior boundaries of the Assessor's Parcel(s) on which the proposed use or structure is to be located; and
(4)
Any person who has filed a written request for notice with the Director and has paid the fee established by the City's Schedule of Service Charges for the notice.
b.
Measurement of 300-foot radius. The 300-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); and
c.
Names and addresses. The names and addresses used for the mailing shall be provided by the applicant from the County's last equalized assessment roll.
2.
Additional required notice.
a.
Newspaper publication required. Notice shall also be given by publication in a newspaper of general circulation within the City, in compliance with State law (Government Code Section 65090), at least 10 days before the date of the hearing.
b.
Sign posting required for all Planning Commission and City Council public hearings. For Planning Commission and City Council hearings, the applicant shall post a four by eight foot sign in a conspicuous place on the subject property by 12:00 noon, a minimum of 12 days before the date of the public hearing, in compliance with the requirements provided by the Department, except when the:
(1)
Number of notices to be mailed is greater than 1,000; or
(2)
City initiates the project, the City does not own or control the property, and the property is subject to a General Plan consistency Zoning Map amendment only.
Then the property is exempt from the sign posting requirements.
C.
Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection (B)(1) above is more than 1,000, the Director may approve alternative notices as provided by State law [Government Code Section 65091(a)(3)].
D.
Additional optional notice. In addition to the types of notice required by Subsections B and C, above, the Director may allow additional notice with content or using a distribution method as the Director determines is necessary or desirable (e.g., use of a greater radius for notice or use of the Internet).
(§ 5, Ord. 1085, eff. January 6, 2006)