§ 22.118

This Chapter provides procedures for the scheduling and noticing of public hearings before the Zoning Administrator, Commission, and Board. When a public hearing or administrative action is required by this Development Code, public notice shall be given and the hearing shall be conducted in compliance with this Chapter.

(Ord. No. 3577, 2012)

22.118.020 - Notice of Hearing or Administrative Action.

The public shall be provided notice of public hearings and administrative actions in compliance with State law (the Planning and Zoning Law, Government Code Sections 65000 et seq., Subdivision Map Act, Government Code Sections 66410 et seq., and the California Environmental Quality Act, Public Resources Code 21000 et seq.).

A.

Content of notice. Notice of a public hearing or administrative action shall include the following:

1.

The date, time, and place of the hearing or action (or date before which a hearing or action will not be taken);

2.

The name of review authority and contact information;

3.

A general explanation of the matter to be considered; and

4.

A general description, in text or by diagram, of the location of the real property that is the subject of the hearing or action.

If a proposed negative declaration or final environmental impact report (EIR) has been prepared for the project, in compliance with the County's CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider approval of the proposed negative declaration or certification of the final environmental impact report (EIR).

B.

Method of notice distribution for public hearing actions. Notice of a hearing action required by this Title for a permit, permit amendment, appeal, or amendment shall be given as follows, as required by State law including Government Code Sections 65090, 65091, and 65092:

1.

Notice shall be published at least once in a local newspaper of general circulation in the County at least ten days prior to the decision; and

2.

Written notice shall be mailed or delivered at least ten days prior to the decision to the following parties:

a.

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

b.

Each local agency expected to provide essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected by the proposed project, unless the local agency has accepted an alternative means of receiving notification through an on-line method of delivery;

c.

All owners of real property within 300 feet of the property which is the subject of the public hearing action, as shown on the County's latest equalized assessment roll, if the zoning for such property requires a minimum lot area of less than 20,000 square feet or a maximum density higher than two units per acre.

If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by State law (Government Code Section 65091.a.3); or

d.

All owners of real property within 600 feet of the property which is the subject of the public hearing action, as shown on the County's latest equalized assessment roll, if the zoning for such property requires a minimum lot area of 20,000 square feet or greater, or a maximum density of two units per acre or lower.

If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by State law (Government Code Section 65091.a.3); and

e.

Any person who has filed a written request for notice with the Director and has paid the annual fee set by the most current County Fee Ordinance for the notice.

3.

Notices of merger or unmerger hearings shall follow the procedures set forth in Chapter 22.92 (Merger of Parcels), and the Subdivision Map Act (Govt. Code Sections 66451.10-66451.24).

C.

Method of notice distribution for administrative actions. Notice of an administrative action required by this Title for a permit or permit amendment is not required by law but may be given as follows:

1.

Written notice may be mailed or delivered at least ten days prior to the decision to the following parties:

a.

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

b.

Each local agency expected to provide essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected by the proposed project;

c.

All owners of real property within 300 feet of the property which is the subject of the administrative action, as shown on the County's latest equalized assessment roll, if the zoning for such property requires a minimum lot area of less than 20,000 square feet or a maximum density higher than two units per acre.

If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by State law (Government Code Section 65091.a.3); or

d.

All owners of real property within 600 feet of the property which is the subject of the administrative action, as shown on the County's latest equalized assessment roll, if the zoning for such property requires a minimum lot area of 20,000 square feet or greater or allows a maximum density of two units per acre or lower.

If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by State law (Government Code Section 65091.a.3); and

e.

Any person who has filed a written request for notice with the Director and has paid the annual fee set by the most current County Fee Ordinance for the notice.

D.

Site notice. Written notice that an application has been submitted shall be posted in at least one location on or adjacent to the property which is the subject of the permit at least ten days prior to the public hearing or administrative decision date. The notice shall include contact information for the staff who is assigned to process the application, applicable information that is available online, and a general description, in text or by diagram, of the proposed project and the location of the real property that is the subject of the application.

E.

Additional Notice. The Director may provide any additional notice as the Director determines is necessary or desirable, such as posting notices in public locations within a community.

F.

Summary Publication. The Director may publish the summary of any ordinance, Development Code, Zoning Map or Countywide Plan Amendment in compliance with State law (Government Code Section 25124).

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

Hearings shall be held at the date, time, and place, for which notice has been given as required in this Chapter.

The Zoning Administrator, Commission, and Board as applicable, may continue any public hearing to a future specific date at the hearing body's discretion, except that continuances beyond the prescribed final date for action may only be granted with the agreement of the applicant (and non-applicant appellant if the application seeks to resolve a code enforcement case) and that the continuance is clearly announced to all persons attending the hearing prior to the adjournment or recess of the hearing. The public announcement of the continuance shall specify the date, approximate time, and place, to which the hearing will be continued unless public notice of the continued hearing is provided for in accordance with Chapter 22.118 (Notices, Public Hearings, and Administrative Actions).

(Ord. No. 3577, 2012)

The Director may issue a written decision or refer the matter to the Commission for determination. If the decision is to be announced at a later date, the Director shall, at the hearing, specify the date on which the decision will be issued. The decision shall contain applicable findings and any conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the County. Following the issuance of the written decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

(Ord. No. 3706, 2019)

Editor's note— Ord. No. 3706, adopted March 12, 2019, amended § 22.118.035 in its entirety to read as herein set out. Former § 22.118.035 pertained to notice of decision—Director and derived from Ord. No. 3577, adopted in 2012.

The Zoning Administrator may announce and issue the decision at the conclusion of a scheduled public hearing, refer the matter to the Commission for determination, or defer action and take specified items under advisement and announce and issue the decision at a later date. The decision shall contain applicable findings and any conditions of approval, and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the County. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

(Ord. No. 3706, 2019)

Editor's note— Ord. No. 3706, adopted March 12, 2019, amended § 22.118.040 in its entirety to read as herein set out. Former § 22.118.040 pertained to notice of decision—Zoning Administrator and derived from Ord. No. 3577, adopted in 2012.

The Commission may announce and issue the decision at the conclusion of a scheduled public hearing, or defer action and take specified items under advisement and announce and issue the decision at a later date. The decision shall contain applicable findings and any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health,

safety, and welfare of the County. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

(Ord. No. 3706, 2019)

Editor's note— Ord. No. 3706, adopted March 12, 2019, amended § 22.118.050 in its entirety to read as herein set out. Former § 22.118.050 pertained to notice of decision—Commission and derived from Ord. No. 3577, adopted in 2012.

After a public hearing on a proposed Master Plan, amendment to this Development Code, the Zoning Map or the Countywide Plan, the Commission shall forward a recommendation, including all required findings, to the Board for final action. Following the hearing, a notice of the Commission's recommendation shall be mailed to the applicant at the address shown on the application.

(Ord. No. 3577, 2012)

For applications requiring Board approval, the Board shall announce and record its decision after the public hearing. The decision shall contain the findings of the Board and any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the County. The decision of the Board shall be final.

(Ord. No. 3706, 2019)

Editor's note— Ord. No. 3706, adopted March 12, 2019, amended § 22.118.070 in its entirety to read as herein set out. Former § 22.118.070 pertained to notice of decision—Board and derived from Ord. No. 3577, adopted in 2012.

For applications that are approved by the review authority, the applicant and successors in interest to the project and site shall, and the review authority may require by condition of approval that the applicant and successors in interest to the project and site indemnify, protect, and hold harmless the County, its Board members, employees, and agents, from and against any and all liability, losses, claims, damages, expenses, and costs (including attorney, expert witness and consultant fees, and litigation expenses) that may at any time arise or be set up because of damages to property or personal injury arising out of or in connection with negligent acts by the applicant, successors in interest, and/or the agents or employees of same, except loss or damage that was caused by the negligence or willful misconduct of the County.

(Ord. No. 3577, 2012; Ord. No. 3706, 2019)

Chapter 22.120 - USE PERMIT REVOCATIONS