8215-0 - Purpose.

The purpose of this Article is to establish procedures for public notice, hearings, and decisions made pursuant to this Chapter and state law, except for public hearings and decisions under Article 18 of this Chapter which are not subject to this Article.

(Ord. No. 4566, § 1, 6-16-2020)

8215-1 - Notice and public hearing procedures. 8215-1.1 - Notice.

Whenever a public hearing is required by this Chapter or state law, except for public hearings under Article 18 of this Chapter, notice thereof shall be given as provided in this Section.

a.

Contents of the Notice — The notice shall include the date, time, and place of the public hearing, the identity of the advisory agency or officer, a general explanation of the matter to be considered, a general description (in text or by diagram) of the location of the real property that is the subject of the public hearing, and a statement that the person to whom the notice is addressed has a right to appear and be heard.

b.

Providing Notice — The notice shall be given by publication at least one (1) time in at least one (1) newspaper of general circulation within the County, at least ten (10) days prior to the public hearing, or if there is no such newspaper of general circulation, the notice shall be posted in at least three (3) public places within the boundaries of the County, including one (1) public place in the area directly affected by the proceeding. In addition, notice of the hearing shall be mailed or delivered at least ten (10) days prior to the public hearing to all of the following:

The owner(s) of the subject real property;

2.

The owner's duly authorized agent, if any;

3.

The project applicant;

4.

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

5.

Any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Civil Code section 883.230; The owners of all real property situated within a radius of three hundred (300) feet of the exterior boundaries of the Assessor's Parcel(s) which is the subject of the application. 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 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 public hearing in a newspaper of general circulation may be substituted for the direct mailing;

6.

Each tenant of the subject property if the proposed subdivision is a conversion of residential property to a condominium, community apartment project, or stock cooperative project (see Gov. Code § 66451.3);

7.

The appellant, if the public hearing is being held as a result of an appeal filed under Article 16 of this Chapter; and

8.

Any person who has filed a written request for such notice with either the Planning Division, Clerk of the Board of Supervisors, or with any other person designated by the Board of Supervisors to receive these requests.

c.

The applicant, or appellant if the public hearing is an appeal, shall reimburse the County for the costs of providing such notices.

(Ord. No. 4566, § 1, 6-16-2020)

8215-1.2 - Conduct of public hearings; quorum; vote.

a.

Any interested party may appear and present evidence and testimony at a public hearing conducted under this Chapter.

b.

Unless otherwise provided in this Chapter or other County ordinances or regulations, the public hearing shall be conducted in accordance with Chapter II, Policy 11, Rule 42 of the County Administrative Manual entitled "Public Hearings for Planning and Zoning Matters (Land Use Matters)."

c.

At least three (3) days prior to the public hearing, the staff report or recommendation, if any, on the matter before the advisory agency, shall be made available to the public and provided to the applicant and appellant, if applicable. The applicant or appellant shall bear the costs associated with the public hearing as set forth in the Board-adopted Fee Schedule.

d.

Public hearings shall have a record of the decision kept, along with the findings made which support the decision.

e.

A quorum for a public hearing before the Planning Commission or Board of Supervisors shall consist of three (3) members. The approval of, or recommendation regarding, any discretionary action or decision, or other request or matter brought before either body, requires the concurrence of at least three (3) of its members. The clerk or secretary shall enter the decision in the minutes or records of the meeting.

(Ord. No. 4566, § 1, 6-16-2020)