(A) Purpose: This section defines procedures for conducting public hearings for applications pursuant to this title unless otherwise specified in this title. The purpose of this section is to ensure public awareness and full open public discussion and debate regarding proposed actions pursuant to this title.
(B) Public Hearing Date: Where required by state law, and unless otherwise specified in this title, a public hearing on any application shall be scheduled before the planning commission and/or city council a minimum of forty-five (45) calendar days following notice of a complete application or by an alternative mutual agreement.
(C) Notice Of Hearings:
1. Notice of public hearings shall be given as required by law by all of the following methods:
(a) Publication in a newspaper of general circulation within the city at least ten (10) calendar days prior to the public hearing;
(b) Mailing at least ten (10) calendar days prior to the public hearing, to all owners of property within a distance of three hundred feet (300') from the exterior boundaries of the property involved in the application. For this purpose, the last known name and address of each property owner as contained in the records of the latest equalized Kern County assessor rolls shall be used;
(c) 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 essential services or facilities to the project whose ability to provide those facilities and services may be significantly affected;
(d) 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, and to the project applicant and the applicant’s authorized representative, if any;
(e) Mailing at least ten (10) calendar days prior to the public hearing, to any person who has filed a written request with the planning director and has provided the planning director with a self-addressed stamped envelope for that purpose;
(f) Any other means prescribed by law, or desired by the city.
2. Exceptions:
(a) If the number of owners to whom notice is to be mailed or delivered pursuant to this subsection (C), is greater than one thousand (1,000), in lieu of mailed or delivered, notice may be provided by placing a display advertisement of at least one-eighth (1/8) page in at least one newspaper of general circulation in the city at least ten (10) days prior to the hearing.
(b) For a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, such notice shall also be given, as required by law, 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.
3. The planning director may require that additional notice of the hearing be given in any other manner deemed necessary or desirable to ensure that all notice requirements provided by law for the proposal are complied with.
4. All notices of public hearings shall include a description of the project and the identity of the hearing body or officers, shall describe the property, 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 the manner in which additional information and/or testimony may be received.
(D) Conduct Of Public Hearings:
1. Public hearings held pursuant to the provisions of this title shall be held according to such public hearing rules as the planning commission and city council may, from time to time, adopt by resolution.
2. The chairperson of the planning commission and mayor may require that witnesses be sworn, prior to providing testimony at the planning commission or city council public hearing, respectively. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)