Chapter 874.6 — PUBLIC HEARINGS

The purpose of this Chapter is to specify procedures for hearings before the Director, Commission, and Board.

When an amendment, appeal, permit, approval, or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with State law (Government Code Sections 65090, 65091, 65094 and 66451.3 and Public Resources Code 21000 et seq.).

A. Notice of a public hearing shall include:

1. The date, time, and place of the hearing, the name of the hearing body (review authority), and the phone number and street address of the Department where an interested person may call or visit to receive additional information;

2. A general explanation of the matter to be considered and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing;

3. A statement that persons wishing to be heard on the matter may attend and be heard; and

4. If a proposed Negative Declaration, Mitigated Negative Declaration, or final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the notice shall include a statement that the hearing body shall also consider approval of the proposed Negative Declaration or Mitigated Negative Declaration or certification of the final Environmental Impact Report.

• B. Giving of notice. Notice of a public hearing required by this Chapter for an amendment, appeal, permit, approval, or other matter shall be given as follows, as required by State law.

  1. Mailed notice required for Amendments (General Plan, Zoning Map, or this Zoning Ordinance), Conditional Use Permits, Director’s Review and Approvals, and Variances.

  - a. Notices for Amendments (General Plan, Zoning Map, or this Zoning Ordinance), Conditional Use Permits, Director’s Review and Approvals, and Variances shall be mailed, or delivered, at least 10 days before the hearing and in compliance with the requirements of the California Environmental Quality Act (CEQA). If mailed, the notice shall be transmitted through the United States mails with postage prepaid, to all of the following:
  

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     - (1) The owner(s) of the property being considered or the owner’s agent, and the applicant(s); 

     - (2) All owners of real property as shown on the County’s latest equalized assessment roll located within a minimum 300-foot radius of the exterior boundaries of the subject parcel(s); and 

     - (3) Any person, organization, entity, or agency who has filed a written request for notice with the Department. 

  - b. The minimum radius used for this purpose shall be measured from the exterior boundaries of the subject parcel to the exterior boundaries of the neighboring parcels. 

2. Publication and posting required for Amendments (General Plan, Zoning Map, or this Zoning Ordinance), Conditional Use Permits, and Variances. Notices for Amendments, Conditional Use Permits, and Variances shall be:

• a. Publication. Published at least once in a local newspaper of general circulation within the County; and

  - **b. Posting.** Posted a minimum of five days before the scheduled hearing at the location of the scheduled hearing. 
  

• C. Alternative notice. If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternative notice allowed by State law (Government Code Section 65091[a][3]).

• D. Additional notice. In addition to the types of notice required by Subsections B. and C., above, the Director may provide additional notice with content or using a distribution method as the Director determines to be necessary or desirable (e.g., use of a greater radius for notice, on the County’s web site, etc.).

The Director, Commission, and Board may establish its own rules for the conduct of public hearings and the presiding member shall have the power to administer oaths to any person testifying.

A. Rendering decision.

1. The Director shall send out a notice of decision.

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2. The Director may, instead of rendering a decision, refer the matter to the Commission for review and final decision.

• B. Decision shall be final. The decision of the Director shall be final, unless referred or appealed to the Commission, in compliance with Chapter 876.6 (Appeals).

• A. Date, time, and place. Hearings shall be held at the date, time, and place for which notice has been given in compliance with this Chapter.

• B. Summary notes. The summary notes shall be prepared and made part of the permanent project file.

• C. Any hearing may be continued.

  1. If a hearing is not completed on the scheduled day, the review authority, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued.

  2. Additional notice for the continued hearing to a specific date shall not be required.

  3. The Secretary to the Commission may continue or reschedule a noticed public hearing before the Commission when requested by the owner/applicant after the notices have been given or after the notices have been prepared but not formally mailed or published, upon a showing of good cause.

  4. The applicant, as a condition to the continuance, shall pay a continuance fee in an amount specified in the Master Schedule of Fees.

A. Announce decision.

1. The Commission shall announce and record the decision by resolution within 40 days following the conclusion of the scheduled public hearing.

2. The decision shall contain the action of the Commission, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the County.

• B. Decision shall be final. The decision of the Commission shall be final, unless appealed to the Board, in compliance with Chapter 876.6 (Appeals).

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At the conclusion of a public hearing on a proposed adoption or amendment of a development agreement, the General Plan, a specific plan, the Zone Map, or this Zoning Ordinance the Commission shall forward a written recommendation, including all required findings, to the Board for final action.

A. Announce decision.

1. The Board shall announce and record its decision at the conclusion of the scheduled public hearing.

2. The decision shall contain the action of the Board, including all findings, conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any effects and protect the health, safety, and welfare of the County.

• B. Decision shall be final. The decision of the Board shall be final, unless subjected to further legal action in compliance with State and Federal law.

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