The procedures and requirements set forth in Sections 18.76.020 through 18.76.150 shall govern public hearings before the planning commission and the council and actions on matters requiring public hearings.

(Ord. 1967-80 § 1 (6939), 1967)

The secretary of the planning commission or the town clerk shall set a reasonable time and place for the public hearing, which shall be held not less than twenty-one nor more than fifty-five days after the receipt of the application or necessary documents pertaining to or requiring a public hearing unless different time limits are specified under the chapter of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6939.1), 1967)

Public notice of hearing shall set forth the description of the property, the nature of the proposed change of use or the nature of the matter under consideration and the time and place at which the public hearing on the matter will be held. The notice shall bear a heading appropriate for the particular case as set forth below:

A.

Public hearing on uses not listed, reclassification of use or zoning text amendment—The words "Notice of Proposed Amendment to Zoning Ordinance."

B.

Public hearing on reclassification of land or change in district boundary—The words "Notice of Proposed Change of Zoning District Boundaries."

C.

Public hearing on a conditional use permit—The words "Notice of Application for Conditional Use Permit."

D.

Public hearing on an appeal from the decision of:

1.

The planning commission on a conditional use permit—The words "Notice of Appeal of Denial of an Application for a Conditional Use Permit."

2.

The planning commission on an amendment—The words "Notice of Appeal of Proposed Amendment to the Zoning Ordinance."

(Ord. 1967-80 § 1 (6939.2), 1967)

All notices for public hearings before the planning commission or the council shall comply with the following requirements:

A.

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the following:

1.

The owner of the subject real property or the owner's duly authorized agent and the project applicant, all by certified or registered mail;

2.

Each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

3.

All owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of hearing. In lieu of utilizing the assessment roll, records of the county assessor or tax collector which contain more recent information that the assessment roll may be used;

4.

If the number of owners to whom notice would be mailed or delivered pursuant to subdivisions 1, 2 and 3 of this subsection is greater than one thousand, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the town at least ten days prior to the hearing.

B.

The notice shall also either be:

1.

Published pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the town at least ten days prior to the hearing; or

2.

Posted at least ten days prior to the hearing in at least three public places within the boundaries of the town, including one public place in the area directly affected by the proceeding.

C.

The notice shall include the date, time and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a description in text or diagram of the real property, if any, that is the subject of the hearing.

(Ord. 1988-229 § 1 (Exh. A) (part), 1988: Ord. 1967-80 § 1 (6939.3), 1967)

The planning commission or council shall review the application or proposed action and the reports of investigations as well as other evidence pertinent to any action to be taken. The planning commission or council shall hear all persons wishing to be heard relative to the subject matter for the public hearing. The applicant or appellant may appear in his own behalf or be represented by counsel or other duly authorized representative.

(Ord. 1967-80 § 1 (6939.4), 1967)

A. Any person interested in an application, appeal or proposed action, may in advance of the hearing request the secretary of the planning commission or the clerk of the council, as the case may be, to provide for recording all testimony in a stenographic report. Such request shall be in writing, and the person making the request shall agree to pay all costs involved in the taking and preparation of the stenographic report. If two or more persons request a stenographic report of the testimony, they shall share the cost equally. Such costs shall be in addition to any other fees. Nothing in this section shall prevent any interested person from employing a stenographic reporter of his own, if he so chooses.

B.

The planning commission or the council on its own motion may provide for the recording of testimony in a stenographic report within the limits of funds available for such purposes.

(Ord. 1967-80 § 1 (6939.5), 1967)

If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, the hearing will be continued, and that no further notice is required. The secretary of the planning commission or the town clerk shall within twenty-four hours post a notice of adjournment at or near the meeting place door giving the date and time to which the meeting was adjourned.

(Ord. 1967-80 § 1 (6939.6), 1967)

A. The planning commission shall announce its recommendation within ten days after the conclusion of the public hearing. Action shall be by resolution which shall set forth the findings of the commission and any recommended conditions and any specific findings or recommendation specified under any section of this title dealing with the specific action. Action shall be by a majority vote of all voting members.

B.

If the planning commission disapproves an application, such decision shall be final except that it may be appealed in accordance with Sections 18.78.010 through 18.78.110.

(Ord. 1967-80 § 1 (6939.7), 1967)

Not later than ten days following the rendering of a decision or recommendation, a copy of the resolution shall be sent by registered mail to the applicant at the address shown on the application filed with the secretary of the planning commission and a copy of the resolution shall be filed with the council by the secretary of the planning commission. Other copies of the resolution shall be mailed or filed as specified under the chapter of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6939.8), 1967)

The secretary of the planning commission shall make a record of the evidence presented at such public hearing unless a complete transcript is requested under Section 18.76.060. The record or transcript, together with the resolution announcing the findings of the public hearing, shall be maintained as a part of the permanent records of the town.

(Ord. 1967-80 § 1 (6939.9), 1967)

If the planning commission recommends approval of the application or the proposed action, the secretary of the planning commission shall transmit the complete record of the case to the council at the time of filing the resolution with the council. In the case of an appeal on a planning commission decision on any amendment or a conditional use permit application, the secretary of the planning commission shall transmit the complete record of the case to the council immediately after the appeal is filed.

(Ord. 1967-80 § 1 (6939.10), 1967)

A. The council shall announce its decision within ten days after the conclusion of the public hearing. The council shall approve, approve with stated conditions, or disapprove any application or any other action recommended to them by the planning commission requiring its action. The council may add to the conditions recommended by the commission. Action shall be by resolution, except in the case of approving an amendment to the zoning ordinance, which shall be by ordinance. The resolution shall set forth the findings of the council.

B.

If the council desires to modify or reverse a commission recommendation, the affirmative votes of a majority of all of the members of the council shall be required on each item so acted upon; provided, further, if the decision is to modify the recommendation of the planning commission, the council shall request a further report of the planning commission before it makes its decision final and the town clerk shall transmit all records to the planning commission in accordance with Section 18.76.150. Failure of the planning commission to act within forty days of receipt of the notice of the council's request shall automatically make the council's decision final. All decisions of the council shall be final.

(Ord. 1967-80 § 1 (6939.11), 1967)

Not later than ten days following the rendering of a decision, a copy of the resolution or the ordinance, as the case may be, shall be mailed by registered mail to the applicant at the address shown on the application filed with the secretary of the planning commission or to the appellant at the address shown on the appeal filed with the clerk, and a copy of the decision shall be forwarded to the planning commission by the town clerk. Other copies of the resolution or ordinance, as the case may be, should be mailed or filed as specified under the chapter of this title dealing with the specific action.

(Ord. 1967-80 § 1 (6939.12), 1967)

The clerk of the council shall make a record of the evidence at such public hearing unless a complete transcript is requested under Section 18.76.060. The record or transcript, together with the resolution or ordinance, as the case may be, announcing the findings of the public hearing shall be maintained as a part of the permanent records of the town.

(Ord. 1967-80 § 1 (6939.13), 1967)

The town clerk shall transmit the complete record of the case back to the planning commission for further study if the council recommends modification or reversal of the planning commission's recommendations or for permanent filing if the decision is final.

(Ord. 1967-80 § 1 (6939.14), 1967)