Chapter 16.204 — PUBLIC HEARINGS

(A) For applications requiring a public hearing before the Planning Commission, such hearings shall be set by the Planning Director. For applications requiring a public hearing before the City Council, such hearings shall be set by the City Clerk.

(B) In all cases, the first hearing shall be held within 60 days of the date on which the application has been deemed as complete, unless a longer time is required to accommodate environmental review under the provisions of the California Environmental Quality Act.

(C) Notice of the time and place of public hearings shall be given at least ten calendar days before the public hearing, as provided in this Chapter 16.204. Such notice shall include a general description of the matter to be considered and a general description of the area affected.

(1) Notice of any public hearing to consider any proposed amendment to this Title 16 or any general plan amendment shall be published at least once in a newspaper of general circulation, published and circulated in the City of Santa Paula.

• (2) Notice of any public hearing to consider an annexation, Planned Development permit, Variance, Conditional Use Permit, tentative map, specific plan or Development Agreement shall be:

(a) Mailed or delivered to all persons including businesses, corporations, or other public or private entities owning real property within a radius of 300 feet of the exterior boundaries of the property which is the subject of the proposed land use application as such owners and their addresses are shown on the current assessment roll of the Ventura County Assessor;

• (b) Published at least once in a newspaper of general circulation, published and circulated in the city; and

• (c) Posted in conspicuous places on the property affected, in accordance with City Council Resolution 3404.

• (3) Notice of any public hearing to consider any use involving the use of hazardous materials, the handling of solid waste, or off-site alcohol sales must be:

(a) Mailed or delivered to all persons including businesses, corporations, or other public or private entities owning real property within a radius of 1,000 feet of the exterior boundaries of the property which is the subject of the proposed land use application as such owners and their addresses are shown on the current assessment roll of the Ventura County Assessor;

• (b) Published at least once in a newspaper of general circulation, published and circulated in the city; and

• (c) Posted in conspicuous places on and in the near vicinity of the property affected, in accordance with City Council Resolution 3404.

(D) Where application is made for a change of zone, the Planning Director or the Planning Commission shall have the discretion to include in the notice of hearing on such application, notice that the Planning Commission will consider classification of other than that for which application is made.

(Ord. 1104, passed 7-19-04; Am. Ord. 1159, passed 6-19-06)

When notice of a hearing is given pursuant to this Chapter 16.204, 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. Failure to send notice to any property owner whose address is not on the most recent roll of the Ventura County Assessor shall not invalidate any of the proceedings.

(C) Site sign posting. When notice is posted on a property, an affidavit certifying that a notice of public hearing sign was posted on the project site must be completed at least 11 days prior to the date of the public hearing. The affidavit must also include a picture of the sign with each date change.

(Ord. 1104, passed 7-19-04)

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

(Ord. 1104, passed 7-19-04)

(A) Hearing body review.

(1) 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 Planning Director, the City Engineer, or other city staff based on city staff's investigation of the application.

(2) The hearing body shall cause such investigation of facts on an application set for hearing, including an analysis of precedent cases, to provide all necessary information to assure action on each case consistent with the purpose of this Title 16 and with previous similar applications. Investigations may be made by members of the City Council, the Planning Commission, or city staff.

• (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. 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.

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 1, Chapter 16.206 (Appeals and Revocations) of this Title 16. In all cases, the City Council shall represent the final authority.

• (Ord. 1104, passed 7-19-04)