Mammoth Lakes Municipal Code Ch. 17.120 Public Hearings

This chapter provides procedures for public hearings before the Commission and Town Council. When a public hearing is required by this chapter, public notice shall be given and the hearing shall be conducted as provided by this chapter.

(Code 1990, § 17.124.010; Ord. No. 14-02, § 4, 3-19-2014)

When a land use permit, entitlement or other matter requires a public hearing, the public shall be provided notice of the hearings in compliance with Government Code §§ 65090 et seq. and 66451.3.

(1) Contents of notice. Notice of a public hearing shall include:

a. The date, time, and place of the hearing and the name of the hearing body;

b. A general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing; and

c. If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the Town's CEQA guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed negative declaration or certification of the final environmental impact report (EIR) and the notice shall be published, posted, mailed, or delivered at least the minimum number of days required by the California Environmental Quality Act, Public Resources Code § 21000 et seq.

(2) Method of notice distribution. Notice of a public hearing required for a land use permit, entitlement, plan amendment, zoning amendment, or appeal shall be given as follows, as required by Government Code §§ 65090 and 65091 and in compliance with Subsection (1) of this section:

a. Notice shall be published at least once in a local newspaper of general circulation within the Town at least ten days before the hearing;

b. Notice shall be mailed or delivered at least ten days before the hearing to:

1. The owners of the property being considered or the owner's agent, and the applicant;

2. All owners of real property as shown on the County's latest equalized assessment roll within 300 feet of the property which is the subject of the hearing; and

c. If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by Government Code § 65091(a)(4);

d. In addition to the types of notice required by Subsection (2) of this section, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable.

(Code 1990, § 17.124.020; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 15-01, § 4(exh. A, § 19), 1-21-2015)

The Commission may announce and record the decision at the conclusion of a scheduled hearing or defer action and take specified items under advisement and announce and record the decision at a later date. Within 21 days following the closing of the public hearing on a use permit application, the Commission shall act on the application. The decision shall contain applicable findings of the Commission, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the Town. Following the hearing, a final resolution and any conditions of approval shall be mailed to the applicant at the address shown on the application.

(Code 1990, § 17.124.030; Ord. No. 14-02, § 4, 3-19-2014)

A decision by the Director or Commission is final and shall become effective on the 16th day after the decision, unless appealed in compliance with Chapter 17.100.

(Code 1990, § 17.124.040; Ord. No. 14-02, § 4, 3-19-2014)

At the conclusion of any public hearing on a proposed amendment to the general plan, Zoning Map amendment, title amendment, or a specific plan, the Commission shall forward a recommendation, including all required findings, to the Council for final action.

(Code 1990, § 17.124.050; Ord. No. 14-02, § 4, 3-19-2014)

For applications requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the Town. Following the hearing, a final resolution and any conditions of approval shall be mailed to the applicant at the address shown on the application. A decision by the Council is final and shall become effective the next business day after the Council's decision.

(Code 1990, § 17.124.060; Ord. No. 14-02, § 4, 3-19-2014)