Chapter 86.07 — PUBLIC HEARINGS

This Chapter provides procedures for public hearings required by this Development Code and State law. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter.

(Ord. 4011, passed - -2007)

When this Development Code requires a public hearing before a decision on a permit, or for another matter, the public shall be provided notice of the hearing in compliance with Government Code §§ 65090, 65091, 65092, 65093, and 65094, and Public Resources Code §§ 21000 et seq. , and as required by this Chapter.

(a) Content of Notice. Notice of a public hearing shall include all of 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 proposed 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 Environmental Review Procedures, 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.

(b) Method of Notice Distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, or appeal shall be given as follows, as required by Government Code §§ 65090 and 65091.

(1) Mailing. Notice shall be mailed or delivered at least ten days before the scheduled hearing to the following:

(A) Project Site Owners. The owners of the property being considered in the application, or the owners’ 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. All owners of real property as shown on the latest equalized assessment roll, within a specified radius of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property might, in the judgment of the Director, be affected by the proposed project; and

(D) Persons Requesting Notice. Any person who has filed a written request for notice with the Director and has paid the required fee for the notice in compliance with the Planning Fee Schedule.

(2) Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with § 86.07.020(b)(1), above is more than 1,000, the Director may choose to provide the alternative notice allowed by Government Code § 65091(a)(3).

(3) Publication. Notice shall be published at least once in a newspaper of general circulation within the local agency at least ten days before the scheduled hearing.

(4) 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 web site) as the Director determines is necessary or desirable.

(Ord. 4011, passed - -2007)

After the completion of any environmental document required by the California Environmental Quality Act (CEQA) and the County’s Environmental Review Procedures, and a Department staff report, a matter requiring a public hearing shall be scheduled by the Director (when acting as the Zoning Administrator), Commission, or Board agenda (as applicable) for a date reserved for public hearings as soon as possible.

(Ord. 4011, passed - -2007)

(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 chairperson of the hearing body 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 of approval have been prepared. (Ord. 4011, passed - -2007)

After a public hearing on a proposed legislative act (e.g., amendment to the General Plan, this Development Code, a development agreement, a specific plan, a Planned Development, or an action referred to the Board by the Commission) the recommendation and findings of the Commission shall be forwarded to the Board. A copy of the recommendation shall be mailed to the applicant at the address shown on the application. (Ord. 4011, passed - -2007)

Post-decision notice shall be accomplished in compliance with § 85.03.110 (Post-Decision Notice). (Ord. 4011, passed - -2007)

The decision of the Director or Commission is final and effective in compliance with § 86.06.020 (Effective Date of Permits), unless an appeal is filed in compliance with Chapter 86.08 (Appeals). The decision of the Board is final and effective on the day of action, unless otherwise required by State law. (Ord. 4011, passed - -2007)