Commerce Municipal Code Div. 3 Public Hearings

A. For applications requiring a public hearing, upon accepting an application as complete, the community development director shall set the time and place of the public hearing consistent with the requirements of this Title 19. The city council shall have the authority to change the time or place of a hearing. However, in all cases, the hearing shall be held within thirty days of the date on which the application has been accepted as complete, unless a longer time period is required to accommodate environmental review under the provisions of the California Environmental Quality Act.

B. The time and place of the public hearing shall be published in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing. The notice shall include the time, place, identity of the hearing body or officer, the nature of the application, the application number, and the general location of the property under consideration.

C. Notice shall be given to all owners of property located within the designated radius of the exterior boundaries of the subject property, pursuant to Sections 19.39.070(C), (D), and (E) of this chapter.

D. Additional notice of the hearing shall be provided in accordance with procedures established by the planning commission.

(Ord. 544 § 1(part), 2000).

When notice of a hearing is given pursuant to this Division 3, the following documentation shall be deemed sufficient to serve as proof that such notice was given:

A. Publication. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made.

B. Mailing. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery must be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to which the mailing/delivery was made.

(Ord. 544 § 1(part), 2000).

Failure to send notice to any property owner whose address is not on the most recent roll of the Los Angeles County Assessor shall not invalidate any of the proceedings.

(Ord. 544 § 1(part), 2000).

A. Hearing Body Review. At the public hearing, the authorized hearing body shall review the application and any pertinent materials submitted with the application, and any report prepared by the community development director or his designee based on city staff's investigation of the application.

B. Right of Persons to Comment.

1. During any public hearing, the applicant for the subject application shall have the following rights:

a. The right to be represented;

b. The right to provide testimony; and

c. The right to present evidence.

2. All other persons shall have the right to comment on any relevant aspect of the application under consideration.

C. Action of Hearing Body and Continuance of Hearings.

1. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue, or take under advisement the subject of the public hearing.

2. If the action is taken to continue or take the matter under advisement, before adjournment or recess the person presiding at such public hearing shall publicly announce the time and place to which the hearing will be continued. No further notice shall be required.

D. Effect of Action. The decision of the hearing body shall be considered final unless a decision is appealed pursuant to Division 4 of this Chapter 19.39. In all cases, the city council shall represent the final authority.

(Ord. 544 § 1(part), 2000).