Imperial County Municipal Code Ch. 3 Nonresidential Projects— Notice and Hearing

The planning director shall give notice of intention of the planning commission to consider adoption of a development agreement, and the clerk of the board shall give notice of intention of the board of supervisors to consider adoption of a development agreement.

(Prior code § 92303.00)

A. Form of Notice. The notice of intention to consider adoption of a development agreement shall contain:

1. The date, time and place of the hearing;

2. The identity of the hearing body;

3. A general explanation of the matter to be considered including a general description of the location of the real property that is the subject of the hearing; and

4. Such other information required by law or which the planning director or clerk considers necessary or desirable.

B. Time and Manner of Notice. Notice shall be given at least ten (10) days prior to the public hearing in all the following ways:

1. Publication: publication once in a newspaper of general circulation, published and circulated in the county.

2. Mailing: mailing of the notice to all persons shown on the latest equalized assessment roll and any update as owning real property within three hundred (300) feet of the property which is the subject of the proposed development agreement. If the number of owners to whom notice is to be mailed is greater than one thousand (1,000), the planning director or clerk may, in lieu of mailed notice, provide notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation in the county.

3. Notification of applicant: mailing or delivery of the notice to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

4. Notification of affected local agencies: mailing or delivery of the notice to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the subject property, whose ability to provide those facilities and services may be significantly affected by the proposed development agreement.

C. Declaration of Existing Law. The notice requirements referred to in subsections A and B of this section are declaratory of existing law (Govt. Code Sections 65867, 65090 and 65091). If state law prescribes a different notice requirement, notice shall be given in that manner. The notices required by this section are in addition to any other notices required by law for other actions to be considered concurrently with the development agreement.

(Prior code § 92303.01)

The failure of any person or entity to receive notice given pursuant to these regulations shall not affect the authority of the county to enter into a development agreement.

(Prior code § 92303.02)

The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code § 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant shall have the burden of proof on all issues at the public hearing on a proposed development agreement.

(Prior code § 92303.03)

(Ord. No. 1448, §§ 8, 9, 4-14-09)

Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding concerning a development agreement. No action, inaction, or recommendation by the county or the board of supervisors or county administrative agencies or officials on a development agreement shall be held invalid or set aside by any court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission (hereafter, "error") as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedure, unless the court finds that the error was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if the error is shown.

(Prior code § 92303.04)