Public Hearing Requirements in the Concord Development Code
Public hearings are mandated for various discretionary land use and zoning decisions in the City of Concord, including major permits, variances, and specific legislative actions. Applicants must provide public notice at least 10 calendar days before a scheduled hearing, typically through mailed notice to property owners within 100 to 500 feet of the subject parcel, depending on the permit type.
Public Hearing Overview
Public hearings serve as a mechanism for the City of Concord to review applications that may have significant impacts on the community. Decisions requiring a public hearing are typically handled by the Zoning Administrator, Planning Commission, or City Council, depending on the nature of the application [Section 18.500.010].
Public Notice Requirements
For planning permits or matters requiring a public hearing, the City of Concord must provide public notice in compliance with California Government Code Sections 65090, 65091, 65094, and 66451.3, and Public Resources Code Section 21000 et seq. [Section 18.500.020].
Mailed Notice Distribution
Notice must be mailed or delivered at least 10 calendar days before the hearing to:
- The property owner and applicant (or their agent).
- Local agencies that may be affected (e.g., school districts, water districts).
- Property owners and renters within a specific radius of the project parcel, as detailed in the table below:
Public Hearing Notice Distances
| Type of Notice | Distance Requirement |
|---|---|
| General Plan Amendment | 500 feet |
| Rezoning | 500 feet |
| Development Agreement | 500 feet |
| Planned Development Use Permit | 500 feet |
| Major Subdivision | 500 feet |
| Use Permit | 300 feet |
| Hillside Development Use Permit | 300 feet |
| Certificate of Appropriateness (Historic Preservation) | 300 feet |
| Minor Subdivision | 300 feet |
| Minor Use Permit | 300 feet |
| Finding of Public Convenience and Necessity | 300 feet |
| Variance | 300 feet |
| Large Family Day Care Home (7-14 children) | 100 feet |
| Minor Exception | 100 feet |
Source: [Section 18.500.020, Table 18.500.020]
Additional Notice Requirements
In addition to mailed notice, the City of Concord requires the following 10 days prior to the hearing:
- Publication at least once in a newspaper of general circulation in the city.
- Posting of notice at the subject site by the applicant in a clearly visible location on each frontage of the property.
- Posting of notice at the city offices [Section 18.500.020].
Hearing Procedures
Hearings are conducted at the scheduled date, time, and place. The review authority will hear testimony from any interested person or their representative. The review authority may establish time limits for testimony and request that individuals with shared concerns appoint a spokesperson [Section 18.500.050].
Hearings may be continued to a new date, time, and place by the review authority without further notice, provided such continuance is announced before the adjournment or recess of the hearing [Section 18.500.050].
Exceptions to Public Hearing Requirements
For minor exceptions, minor use permits, and variances that are deemed minor and non-controversial, the Planning Division may provide a notice stating that it will decide on the application on a specific date. In such cases, a public hearing will only be held if an interested person requests one in writing prior to that date [Section 18.500.040].
Sections Cited
- Section 18.200.040 (Alcoholic beverage sales)
- Section 18.200.050 (Child day care facilities)
- Section 18.500.010 (Purpose)
- Section 18.500.020 (Notice of public hearing)
- Section 18.500.040 (Exception to required public hearing)
- Section 18.500.050 (Hearing procedures)