Watsonville Municipal Code Part 10 Public Hearing Procedures

When the Zoning Administrator determines that a development permit application is complete and a public hearing is required by this title, the Zoning Administrator shall select a place, date and time for the required hearing, and prepare notice of the hearing pursuant to Part 9 of this chapter. The hearing shall be held as provided by law, except where a written request for extension has been submitted by the applicant and the extension is granted by the appropriate body, or staff requested the continuance with the consent of the applicant.

(Ord. 1156-03 C-M, eff. May 22, 2003)

At any time, upon reasonable request, any person may examine the application and materials submitted in support of or in opposition to an application for a development permit. Copies of any material will be made available at a cost which shall be set by resolution.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) Any person or persons may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall be requested to state his or her full name and, if appearing on behalf of an organization, the name and mailing address of the organization for the record.

(b) The hearing body may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person appearing as a witness may ask relevant questions of other persons appearing as witnesses, but shall do so only through the chairperson of the body conducting the hearing and at the chairperson’s discretion.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The official record of the hearing shall include oral testimony, the minutes of the meeting, all applications, exhibits and papers submitted, all staff reports and recommendations. The record of the Planning Commission shall be crated and maintained by the secretary of the Planning Commission and the Council hearing by the City Clerk.

(Ord. 1156-03 C-M, eff. May 22, 2003)

All matters pertaining to the public hearing shall be governed by other provisions of this code applicable to the body conducting the hearing and its adopted rules or procedures as long as they are not in conflict with this title. The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and the time for each presentation.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) All requests for reconsideration shall be filed in writing with the City Clerk of the City Council within five (5) days of the date the decision was rendered and shall set forth reasons for such request for rehearing.

(b) An application for reconsideration may be granted by at least five (5) affirmative votes upon a finding that there appears to be evidence to substantiate the grounds identified in Subsection (c) below.

(c) An application for rehearing shall be granted only if the applicant demonstrates that the record of the proceedings should be expanded to consider evidence material to the reasons for the decision on the application; that such evidence was not available at the time of the hearing or could not be presented due to circumstances beyond the applicant’s control at the original hearing; and that there is a reasonable probability that the evidence, when considered by the hearing body, may lead to a different decision.

(d) Applicant shall upon approval of the request submit a fee set by resolution of the City Council.

(Ord. 1156-03 C-M, eff. May 22, 2003)