§ 8181-6

At the time the application for development within the coastal zone is submitted, the Planning Director shall determine whether the development is categorically excluded, nonappealable, or subject to appeal to the Coastal Commission for purposes of notice, hearing and appeals procedures. The Planning Director shall inform the applicant of the notice and hearing requirements for that particular development. The Planning Director's determination shall be made with reference to the certified LCP, including any maps, categorical exclusions, land use designations and zoning ordinances that are adopted as part of the LCP.

If the determination is challenged by the applicant or other interested party, or by a local government, or if the County wishes to have a Coastal Commission determination as to the appropriate designation, the County shall notify the Coastal Commission by telephone of the dispute or question, and shall request an Executive Director's opinion. The Executive Director shall, within two (2) working days of the County's request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, nonappealable, or subject to appeal to the Coastal Commission.

If the Executive Director's determination is not in agreement with the County's determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the development.

(Ord. No. 4451, § 7, 12-11-2012)

The Planning Director shall hold at least one (1) public hearing on any duly filed application that requires a discretionary decision unless the hearing requirement is waived pursuant to Section 8181-6.2.3. If the Director defers the application to the Planning Commission, the Planning Commission shall hold at least one (1) public hearing per the requirements of this Article.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4492, § 7, 6-21-2016)

The County shall give public notice of the hearing by publication in a newspaper of general circulation at least ten (10) calendar days prior to the hearing. In addition, the County shall provide notice of such hearing by first class mail at least ten (10) calendar days prior to the public hearing.

(a)

The notice shall be mailed to all of the following:

(1)

The owner of the subject property, or the owner's duly authorized agent;

(2)

The applicant, if different from the owner;

(3)

The Coastal Commission;

(4)

Each local agency whose ability to provide essential services or facilities within its jurisdiction may be significantly affected by the project;

(5)

All property owners within three hundred (300) feet and residents within one hundred (100) feet of the exterior boundaries of the Assessor's Parcel(s) on which the development is proposed. If the 300-foot radius does not include fifteen (15) or more parcels of real property, the radius shall be expanded until the owners of at least fifteen (15) parcels will be notified. Names and addresses shall be obtained, or cause to be obtained, by the applicant from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one-eighth (⅛) page advertisement published at least ten (10) days prior to the hearing in a newspaper of general circulation may be substituted for the direct mailing;

(6)

Any person who has filed a written request with the Planning Director or the Clerk of the Board of Supervisors to be on the mailing list for that development project or for coastal decisions within the unincorporated area of the County of Ventura;

(7)

In the case of appeal hearings, notice shall also be provided to the applicant and, if applicable, to the County official, department, Board or Commission whose order, requirement, permit, decision or determination is the subject of the appeal.

(b)

The notice shall contain the following information:

(1)

A statement that the development is within the coastal zone;

(2)

The date of filing of the application and the name of the applicant;

(3)

The number assigned to the application;

(4)

A description of the development and its proposed location;

(5)

The date, time and place of the hearing, and the identity of the hearing body or officer;

(6)

A brief description of the general procedure of the County concerning the conduct of hearings and actions; and

(7)

The system for County and Coastal Commission appeals, including local fees required.

(Ord. No. 4451, § 7, 12-11-2012; Ord. No. 4492, § 7, 6-21-2016)

All public hearings shall be conducted in accordance with the Government Code and this Chapter.

(Ord. No. 4451, § 7, 12-11-2012)

8181-6.2.3 - Waiver of hearing for minor developments.

(a)

Consistent with Section 30624.9 of the Public Resources Code, the public hearing requirement for minor developments may be waived if all of the following occur:

(1)

Notice is sent to all persons consistent with the provisions of Section 8181-6.2.1, as well as all other persons known to be interested in receiving such notice;

(2)

The notice states that a public hearing will be held upon the request of any person;

(3)

No request for public hearing is received by the County within fifteen (15) working days from the date of sending the notice.

(b)

The notice provided pursuant to subsection (a) shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the County on a coastal development permit application.

(c)

Requests for a public hearing must be made in writing to the Planning Division, and must identify the reasons for such request.

(Ord. No. 4451, § 7, 12-11-2012)