Chapter 18.146 — PUBLIC NOTICES AND HEARINGS

This chapter provides procedures for noticing and public hearings required by this Zoning Code. When advance notice is required and/or when a public hearing is required, the noticing and hearing shall be conducted, in compliance with this chapter.

(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)

When this Zoning Code requires advanced notice before public hearing, a decision on a permit or for another matter, the public shall be provided notice. In compliance with Government Code Sections 65090 , 65091 , 65092 , 65094 and 66451.3 , and Public Resources Code Section 21000 et seq., and as required by this chapter.

• A. Content of Public Hearing Notice. Notice of a public hearing shall include all the following information, as applicable.

  1. Hearing Information. The date, time, and place of the hearing and the name of the Review Authority; a brief description of the County's general procedure concerning the conduct of

hearings and decisions (e.g., the public's right to appear and be heard); and the phone number and street address of the Department where an interested person could call or visit to obtain additional information.

2. Project Information. The date of filing of the application and the name of the applicant; the County's file number assigned to the application; 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. Statement on Environmental Document. If a 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) and 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 Mitigated Negative Declaration, or certification of the final Environmental Impact Report, as applicable.

• B. Method of Public Hearing Notice Distribution. Notice of a public hearing required by this chapter for a planning permit, amendment, appeal, or other approval shall be given as follows, as required by Government Code Sections 65090 and 65091 .

  1. Mailing for a Hearing Before the Hearing Officer, Commission, or Board. Notice shall be mailed or delivered at least 10 days before the scheduled hearing to all of the following:

     • a. Project Site Owner(s) and the Applicant. The owner(s) of the property being considered in the application or the owner's authorized agent, and the applicant.

     • b. Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.

     • c. Affected Owners.

       • (1) All Applications—300 Feet. All owners of real property, as shown on the latest County equalized assessment roll, located within a radius of 300 feet of the exterior boundaries of the parcel(s) that is the subject of a hearing before the Hearing Officer or Commission.

• (2) Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subparagraph (B)(1)(c)(1) is more than 1,000, the Director may choose to provide a one-eighth page newspaper advertisement allowed by Government Code Section 65091(a)(3) .

  - d. Approval of a Negative Declaration. A "Notice of Intent to Approve a Negative Declaration" at a public hearing, shall be sent to all contiguous property owners and occupants and the County Clerk. 
  
  - e. Persons Requesting Notice. Any person who has filed a written request for notice with the Director and has paid the required fee to cover the cost of this mailing. 
  
  - f. Other Person(s). Any other person(s), whose property might, in the judgment of the Director, be affected by the proposed project. 
  

  2. Publication and Posting.

     • a. Publication for All Applications. Notice of a public hearing required by this Zoning Code for a permit, permit modification, amendment, or appeal shall be published at least once in a newspaper of general circulation either Countywide or in the community where the property is located at least 10 days before the scheduled hearing.

     • b. Posting for All Applications. Agendas listing all public hearing items shall be posted in or immediately near the County Administration Building within a viewable area at least 72 hours prior to the scheduled hearing date.

     • c. Posting by the Applicant. Applicants may be required, at the discretion of the Director, to post notices on the parcel(s) that is the subject of a hearing before the Hearing Officer or Commission pursuant to the Brown Act and/or the CECA.

• C. Alternative Notice for the Director's Decision Without a Public Hearing.

  1. If approval is by the Director without a public hearing, notice may be given only to the owner/applicant and the abutting property owners (i.e., abutting and across the street).

  2. Notice shall be mailed or delivered at least 10 days before the Director acts on an application.

  3. A newspaper notice is not required.

  4. In addition, notice is not required to be given to abutting property owners in applications for minor modifications to permits where there are no significant issues, as determined by the Director.

• D. Additional Notice. In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method (e.g., posting on the County's website) as the Director determines is necessary or desirable.

• (Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)

After the completion of any environmental document required by the California Environmental Quality Act (CEQA), a matter requiring a public hearing shall be scheduled on the next available agenda (Director, Hearing Officer, Commission, or Board, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law. (Ord. 1976 § 2, 2019)

• A. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.

• B. Continued Hearing. Any hearing may be continued from time to time without further notice; provided, the chair of the Review Authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

• C. Deferral of Final Decision. The Review Authority may announce a tentative decision and defer their action on a final decision until appropriate findings and/or conditions have been prepared.

• D. Conduct of Commission Hearings.

  1. A quorum of the Commission shall consist of three members.

  2. Actions by the Commission shall require a simple majority vote of the total membership of the Commission.

  3. Tie votes of the Commission for all matters that legally require the adoption of an ordinance, a resolution, or findings shall result in no action by the Commission. The motion shall fail to pass and the matter shall terminate any further action by the County until a majority vote of the total membership of the Commission is achieved.

• (Ord. 1976 § 2, 2019)

• A. Recommendation and Findings to the Board. After a public hearing on a proposed amendment to the General Plan, this Zoning Code, the Zoning Map, a development agreement, or a specific plan, the Department shall forward the recommendation and findings of the Commission and the minutes of the Commission meeting to the Board.

• B. Recommendation and Findings to the Applicant. The recommendation and findings shall be mailed to the applicant at the address shown on the application.

• C. Recommendation Included in Notice. The recommendation shall be included in the required notice of the Board's public hearing.

• (Ord. 1976 § 2, 2019)

• A. Decision.

  1. The Review Authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 18.146.040 (Hearing Procedure).

  2. Unless otherwise required by law (i.e., as with votes by the Commission on a General Plan amendment which requires a majority vote of the total membership of the Commission in compliance with Government Code Section 65354 and Section 18.146.040(D)(2), a majority of those entitled to vote shall be required for any formal action by the applicable Review Authority.

  3. Tie votes of the Review Authority shall result in no action by the Review Authority.

  4. At the conclusion of a hearing conducted by the Director or the Hearing Officer, the Director or Hearing Officer, as applicable, may instead refer the matter to the Commission for review and final decision.

  5. All decisions shall be in writing and, if required by law, shall contain written findings.

• B. Notice of Decision.

  1. Provision of Notice. Following the final decision on an application for a permit or other approval required by this Zoning Code, the County shall provide notice of its final action to the applicant and to any person who specifically requested notice of the County's final action.

  2. Contents of Notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the County, and the procedures for appeal.

  3. Delivery of Notice.

     • a. The notice of the final decision shall be delivered by first class, postage prepaid certified mail, return receipt requested.

     • b. An affidavit of mailing shall be prepared and a copy delivered with the decision.

     • c. The Department shall retain the original affidavit.

• C. Notifying County Assessor. Whenever a Zoning Map amendment, Administrative Permit, Conditional Use Permit, Minor Deviation, Minor and Major Modifications, or Variance is granted with respect to any property, the Department shall, within 30 days, notify the County Assessor of the action in compliance with Government Code Section 65863.5 .

• (Ord. 1976 § 2, 2019)

• A. Director's, Hearing Officer's, or Commission's Decision. The decision of the Director, Hearing Officer, or Commission is final and effective after 5:00 p.m. on the 10th day following the actual date the final decision is rendered if no appeal of that decision has been filed in compliance with Chapter 18.144 (Appeals).

• B. Board's Decision.

  1. Adopted by Ordinance. A decision of the Board adopted by ordinance is final and shall become effective on the 31st day following the date the ordinance is actually adopted by the Board, unless otherwise provided in the adopting ordinance. For example, an ordinance adopted on October 1st will actually be effective on November 1st.

  2. Adopted by Resolution. A decision of the Board adopted by resolution is final and shall be effective on the date the decision is rendered.

  3. Contingent on Future Date or Event. The Board may take a final action and make it contingent on a future date or event.

• (Ord. 1976 § 2, 2019)