The purpose of this Chapter is to define procedures for conducting public hearings for applications in compliance with this Code and to ensure public awareness and full and open public discussion and debate of proposed actions.

A.

Expedient Hearing Date. Where required by State law or this Code, and unless otherwise specified in this Code, a public hearing on any application shall be scheduled before the Commission, and, when required, before the Council, on the earliest appropriate or convenient date.

B.

Application Ready for Hearing. A public hearing for an application shall be heard before the appropriate hearing body when:

1.

The Director has completed an analysis of the application with respect to all applicable ordinances and requirements of the Town; and

2.

All procedures required by the Town's rules and procedures for the implementation of the California Environmental Quality Act (CEQA) to hear a matter have been completed.

A.

Public Hearings. Whenever a public hearing is prescribed by this Code, notice of said hearing shall be provided by:

1.

Publication. Publication in a newspaper of general circulation within the Town at least ten (10) calendar days prior to the public hearing; and

2.

Mailing. Mailing at least ten (10) calendar days prior to the public hearing, to all surrounding property owners as follows:

a.

The last known name and address of each property owner shall be determined using the latest equalized San Bernardino County Assessor Rolls or using the records of the County Tax Collector;

b.

When the property involved in the application is five (5) acres or less, "surrounding property" shall be defined as all properties within a radius of three hundred (300) feet from the nearest limit of the exterior boundaries of said property;

c.

When the property involved in the application is greater than five (5) acres but less than twenty (20) acres, "surrounding property" shall be defined as all properties within a radius of seven hundred (500) feet from the nearest limit of the exterior boundaries of said property;

d.

When the property involved in the application is greater than twenty (20) acres but less than one hundred sixty (160) acres, "surrounding property" shall be defined as all properties within a radius of seven hundred (700) feet from the nearest limit of the exterior boundaries of said property;

e.

When the property involved in the application is one hundred sixty (160) acres or larger, all properties within a radius of one thousand three hundred (1,300) feet from the nearest limit of the exterior boundaries of said property;

3.

If the number of owners to whom notice would be mailed or delivered subject to paragraph 9.13.030.A.2 above, is greater than one thousand (1,000), instead of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation in the Town at least ten (10) calendar days prior to the hearing;

4.

Mailing at least ten (10) calendar days prior to the public hearing, or delivering at least ten (10) calendar days prior to the public hearing, to each local agency expected to provide water, sewer, schools or other essential services or facilities to the project whose ability to provide those facilities and services may be significantly affected;

5.

Mailing at least ten (10) calendar days prior to the public hearing, or delivering at least ten (10) calendar days prior to the public hearing, to the owner of the subject real property or to the owner's duly authorized agent, to the project applicant and the applicant's authorized representative, if any;

6.

Mailing at least ten (10) calendar days prior to the public hearing, to any person who has filed a written request with the Director or Town Clerk and has provided the Director or Town Clerk with a self-addressed stamped envelope for that purpose;

7.

Projects which require a Negative Declaration pursuant to CEQA should be noticed at least 20 days prior to the decision to consolidate noticing requirements.

8.

For a proposed conversion of the residential real property to a condominium project, community apartment project, or stock cooperative project, such notice shall also be given by mail to each tenant of the subject property, and, in addition to notice of the time and place of the public hearing, shall include notification of the tenant's right to appear and the right to be heard;

9.

Additional Notice of a hearing shall include posting of the project site if the request is for a General Plan Amendment, Zone Change or for any project which exceeds seventy-five (75) acres in size. The Director may require that additional notice of the hearing be given in any other manner deemed necessary or desirable by the Director to ensure that all notice requirements provided by law for the proposal are complied with. If a project requires posting on the project site, if possible, the sign shall be located adjacent to the public right-of-way in a conspicuous location. The sign shall be a minimum of thirty-two (32) square feet with a minimum size lettering of two (2) inches and shall include the case number, project description, date and time of the public hearing, applicant name and contact person with phone number and address at the Town for additional information. Cost of the sign and installation shall be borne by the applicant;

10.

All notices of public hearings shall include a description of the project, the identity of the hearing review authority, and shall describe the location, date, time and place of the scheduled hearing, a statement that application and associated documents and environmental review are available for public inspection at a specified location, and should include the manner in which additional information and/or testimony may be received.

A.

General. Public hearings shall be held pursuant to the provisions of this Code and shall be held according to such public hearing rules as the Commission and the Council may, from time to time, adopt.

B.

Sworn Witness. The Chairperson of the Commission and the Mayor may require that witnesses be sworn.

Notices of pending action by the Director or staff which do not require a public hearing shall be provided as set forth below.

A.

Director Action. For permits requiring Director review, mailed notice to surrounding property owners is required at least ten (10) days prior to such action, pursuant to the provisions of subsection 9.13.030.A.2, Mailing, of this Chapter. Exception: for permits other than Special Use Permits and Variances, only projects which require a notice pursuant to the CEQA require mailed notice. Projects which are exempt under CEQA do not require mailed notice. All Special Use Permits and Variances shall require mailed notice to surrounding property owners.

B.

Other Required Notices. For permits not requiring a public hearing, mailed notice to surrounding property owners is required at least ten (10) days prior to a decision, pursuant to the provisions of subsection 9.13.030.A.2 of this Chapter. Projects which require a Negative Declaration pursuant to CEQA shall be noticed 20 days prior to the decision.

C.

Staff Action. For permits requiring staff review, notice to surrounding property owners is not required except that the Director may, when it is deemed necessary, require such notice on an application requiring staff review.