Chapter 10.40 — Public Hearings

Sections:

• 10.40.010 Purpose

• 10.40.020 Notice of Hearing 10.40.030 Scheduling of Hearing 10.40.040 Hearing Procedure

• 10.40.050 Recommendation by Commission 10.40.060 Decision and Notice 10.10.070 Effective Date of Decision

This Chapter provides procedures for public hearings required by this Zoning Code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter.

A. When an application has been submitted in compliance with Article 9 (Procedures), the Department staff shall set the application for a public hearing.

B. At least 10 days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

1. Publishing. Publishing notice once in a newspaper of general circulation in the City.

2. Mailing. Notices shall be mailed or delivered at least 10 days before the scheduled hearing to the following:

• a) Project site owner(s) and the applicant. The owner(s) of the property being considered in the application or the owners’ authorized agent, and the applicant.

• b) Local agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability

to provide those facilities and services may be significantly affected.

c) Affected owners

• (i) All owners of real property, as shown on the latest adopted tax roll of the County, located within a radius of a minimum of 300 feet of the exterior boundaries of the parcel that is the subject of the hearing.

• (ii) The Director shall have the authority to extend the radius specified in Section (i), above, at the Director’s sole discretion.

• d) Persons requesting notice. Any person who has filed a written request for notice with the Director, and has paid the required fee for the notice.

• e) Other person(s). Any other person(s), whose property might, in the judgment\ of the Director, be affected by the proposed project.

3. Alternative to mailing. If the number of property owners to whom notice would be mailed in compliance with Section B. 1., above is more than 1,000,

Tehachapi Zoning Code | October 2014 Adopted | 10-13

Chapter 10.40 Public Hearings

the Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(3).

5. Failure of receipt of notice . Failure of property owners to receive notice of a hearing shall in no way affect the validity of action taken, as required by Government Code Section 65093.

4. Additional notice. In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method (e.g.,posting on the City’s website) as the Director determines is necessary or desirable.

After the completion of any environmental document required by the California Environmental Quality Act (CEQA), the City’s CEQA Guidelines, and a Department staff report, a matter requiring a public hearing shall be scheduled on an agenda (Director, Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.

A. Time and Place of Hearing

A hearing shall be held at the date, time, and place for which notice was given.

B. Continued Hearing

C. Deferral of Final Decision

The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions have been prepared.

Any hearing may be continued from time to time without further notice; provided, the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

After a public hearing on a proposed a specific plan or amendment, or an amendment to this Zoning Code, the General Plan, or the Regulating Plan, the recommendation and findings of the Commission shall be forwarded to the Council.

10-14 | Adopted October 2014 | Tehachapi Zoning Code

Chapter 10.40 Public Hearings

A. Decision

1. The review authority may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 10.40.040 (Hearing Procedure).

2. Prior to making a decision, the Director may instead refer the matter to the Commission for review and final decision.

3. In the event that the Commission is unable to reach a majority decision, as evidenced by a tie vote, the applicant shall have the option of continuing the public hearing until such time as a majority vote can be obtained or consider the application denied.

4. The decision of the Council on any matter shall be final and conclusive.

B. Notice of Decision

1. Provision of notice. Written notice of the final decision shall be given by mail within seven days after the date of the decision to the applicant and any persons filing a written request for notice of the decision.

2. Contents of notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City, and the procedure for appeal.

A. Director’s or Commission’s Decision

The decision of the review authority is final and effective after 5:00 p.m. on the 14th day following the actual date the decision is rendered, when no appeal to the decision has been filed in compliance with Chapter 10.20 (Appeals).

2. Adoption of resolution. Council’s action to grant a permit or other approval or adopt or amend the General Plan or a specific plan (adopted by resolution) is final and shall become effective on the actual date the decision is rendered by the Council.

B. Council’s Decision

1. Adoption of ordinance. Council’s action to adopt or amend a specific plan (adopted by ordinance), this Zoning Code, or the Regulating Plan shall become effective on the 35th day following the date the ordinance is actually adopted by the Council.

Tehachapi Zoning Code | October 2014 Adopted | 10-15

This page intentionally left blank

10-16 | Adopted October 2014 | Tehachapi Zoning Code