Article XXIa — RULES OF CONDUCT AND PROCEDURE

FOR PLANNING AND ZONING PROCESS*

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*Note -- A new Article, Rules of Conduct and Procedure for Planning and Zoning Process, Sections 375 through 375.17, added by Ord. No. 4781 (N.S.), effective 12-16-76.

Cross reference(s) -- Definitions, § 20 et seq.; general rules, § 50 et seq.; powers and duties of officers, boards, and commissions, § 51.; appointment and removal, § 52.

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SEC. 375. DEFINITIONS.

These definitions shall govern the construction and application of this Article:

(a) Decision-making Body. As used herein “decision-making body” shall mean the Board of Supervisors, Planning

Commission and the Director of Planning and Development Services, and shall exclude County Counsel.

(b) Clerk. As used herein "clerk" shall mean the officially designated clerk or secretary of the decision-making body.

(c) Hearing. As used herein "hearing" shall mean a noticed public hearing required by State law or County ordinance

relating to planning and zoning and land use.

(Amended by Ord. No. 6507 (N.S.), operative 3-1-83; amended by Ord. No. 9074 (N.S.), effective 9-10-99; amended by Ord. No. 9674 (N.S.), effective 10-22-04; amended by Ord. No. 10223 (N.S.), effective 10-25-12; amended by Ord. No. 10596 (N.S.), effective 4-12-19)

Cross reference(s) -- Definitions, § 20 et seq.; general rules, § 50 et seq.; planning environmental review board, §376 et seq.; department of planning and development services, § 380 et seq.; board of supervisors, § 500 et seq.

Hearings are recorded and made available for public viewing on the County of San Diego's Planning Commission website. If any person desires to have a hearing reported by a stenographic reporter, they may employ one directly at their own expense.

(Amended by Ord. No. 10703 (N.S.), effective 1-8-20)

Twenty-four hours prior to the beginning of all hearings, copies of the decision-making body’s agenda shall be available at the office of the Clerk.

(a) When a Planning Commission and a planning staff written report exists, copies of such report shall be available for public inspection at the office of the Clerk at least 24 hours prior to the commencement of the hearing; provided, however, the decision-making body may allow in its discretion the filing of supplemental reports which shall be made public at the commencement of the hearing.

(b) When any hearing is held, a written staff report with recommendations and the basis for such recommendations shall be filed as a part of the record of the hearing. Said report shall discuss each issue upon which a finding must be made.

(c) The recommendations and findings contained within a Planning Commission and/or a planning staff written report shall be advisory only and are not binding on the decision-making body.

(Amended by Ord. No. 10119 (N.S.), effective 2-25-11)

The order of presentation of evidence, unless otherwise directed by the Chairperson or the decision-making body, shall be as follows:

(a) Staff report;

(b) Environmental Impact Report, as applicable;

(c) Planning Commission Representative, as applicable;

(d) Community Planning Group Representative, as applicable;

(e) Disclosures by members of decision-making body;

(f) Testimony of the appellant, in appeals cases, or person in favor of the recommendation in other cases;

(g) Testimony of persons in opposition to the appeal or recommendation.

(Amended by Ord. No. 7449 (N.S.), effective 3-18-88)

The following rules of evidence shall apply:

(a) The hearing need not be conducted according to technical judicial rules of evidence.

(b) Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(c) Ordinarily, witnesses will not be sworn unless a specific request therefore is made prior to the hearing.

(Amended by Ord. No. 7953 (N.S.), effective 9-5-91)

Any hearing may be continued by the decision-making body to a date certain. The Clerk shall give notification of the continuance to any person who, prior to such continuance, has filed with the Clerk a written request for such notice. One or more continuances may be granted to the proponents of each position being presented to the decision-making body upon request and upon a showing of good cause therefore to the satisfaction of the decision-making body. Where during the course of a hearing it appears desirable that the applicant or the planning staff submit a revised or modified plan for incorporation in the decision of the decision-making body, the decision-making body shall continue the hearing to permit the filing thereof. The decision-making body will not consider any revised or modified plan to be filed after the close of a hearing.

(Amended by Ord. No. 7953 (N.S.), effective 9-5-91)

A member who was absent from a hearing or a portion of a hearing conducted by the decision-making body may vote on the matter provided that the member:

(a) Listens to the tape recording made of the entire hearing or the entire portion of the hearing from which the member was absent;

(b) Examines all of the documentary material received in evidence during the hearing or portion of the hearing from which the member was absent;

(c) Deems oneself to be as familiar with the record and with the evidence presented at the hearing as the member would have been had the member personally attended the entire hearing, and so states in public session for the record; and

(d) Upon request, the Clerk shall provide the member with the tape recording and all documentary material received in evidence during the hearing or portion of the hearing from which the member was absent.

(Amended by Ord. No. 7953 (N.S.), effective 9-5-91)

(a) Except as provided herein, no member of the decision-making body shall, after an application necessitating a hearing has been filed with the County, solicit or receive evidence outside of the public hearing.

(b) The provisions of this section do not apply, however, to the following:

(1) Major general plan proposals or amendments to the Zoning Ordinance involving definitions of words or uses in an

entire zone, which have broad application in the County as distinguished from application to individual parcels of property;

(2) Receipt of unsolicited letters or other documents shall not constitute a violation of this section but their receipt shall

be disclosed as provided in Section 375.10;

(3) Receipt of evidence after the close of a hearing for the limited purpose of determining whether to request the

decision-making body to order that the matter be reheard;

(4) Factual inquiries made by members of the Board of Supervisors and the Planning Commission to County staff; or

(5) Participation by members of a decision-making body on a task force or committee that has been duly created by the

Board.

(Amended by Ord. No. 4795 (N.S.), effective 1-6-77; amended by Ord. No. 6946 (N.S.), effective 5-24-85; amended by Ord. No. 7040 (N.S.), effective 10-25-85; amended by Ord. No. 7338 (N.S.), effective 8-6-87; amended by Ord. No. 7953 (N.S.), effective 9-5-91)

(a) After an application necessitating a hearing has been filed with the County, no member of a decision-making body shall view the subject property with a proponent or opponent of said application, or other interested parties.

(b) Where, during the course of a hearing it appears that one or more decision-making body members desire to view the subject property, the hearing shall be continued for that purpose. When the hearing is continued and if the members of the decision-making body so desire, they may individually view the site and shall thereafter report their observations at the continued hearing or as a body may view the site and may be accompanied by proponents, opponents, and other interested parties.

A member who has received evidence outside of a hearing or has viewed the subject property after an application necessitating a hearing has been filed with the County, or is familiar with the subject property shall fully disclose at the hearing such evidence and his or her observations and familiarity with the property so that the applicant, opponent, interested persons, and other members of the decision-making body may be aware of the facts or evidence upon which he or she is relying and have an opportunity to controvert it. All written evidence received outside of the hearing shall be filed with the Clerk which filing shall satisfy the disclosure requirement of this section related to written evidence not relied upon by a member. If a member receives unsolicited letters or other documents less than 3 working days prior to a hearing, and the member is not relying upon those documents, then disclosure at the hearing is not required; however, those documents shall be provided to the Clerk and reported as communications received from the public in the ordinary course of business.

(Amended by Ord. No. 10596 (N.S.), effective 4-12-19)

No member of a decision-making body shall, after an application necessitating a hearing has been filed with the County, discuss said matter with other members of a decision-making body or with proponents, opponents, or other interested parties, except in the course of and during said public hearing.

ARE REQUIRED.

(a) No member of the decision-making body shall, after an application necessitating a hearing has been filed with the County, solicit or receive any substantive information from County staff outside of the public hearing on said matter.

(b) The provisions of this Section do not apply, however, to factual inquiries made by members of the Board of Supervisors or members of the Planning Commission, matters which have broad application in the County as distinguished from specific application to individual parcels of property subject of the hearing, nor do they apply to these matters which relate to only procedural aspects of the hearing process, such as anticipated dates of hearings or reasons for delays in setting hearings.

(Amended by Ord. No. 6946 (N.S.), effective 5-24-85; amended by Ord. No. 7040 (N.S.), effective 10-25-85; amended by Ord. No. 9074 (N.S.), effective 9-10-99; amended by Ord. No. 9674 (N.S.), effective 10-22-04)

(a) Members of the decision-making body who receive evidence after conclusion of a hearing shall not participate in the vote on the matter except where the matter is reheard after appropriate notice pursuant to decision-making body order.

(b) Following completion of the hearing, the decision-making body shall make its decision. Unless otherwise provided by law, the decision-making body shall render its decision within 10 days following the close of the public hearing.

(c) Whenever the Board of Supervisors holds a hearing and thereafter takes no action because a motion on the item failed to carry by the required affirmative vote, the Board may at that meeting continue the matter for future consideration. If the Board does not do so, any member of the Board may, within thirty days after the date on which the motion failed to carry, docket with the Clerk of the Board a request that the Board reconsider the matter. If no such request is docketed within said thirty day period, or if the Board after reconsidering the matter again fails to take action because a motion thereon fails to

carry by the required affirmative vote, then the following shall occur:

(1) If the matter is an appeal from a decision of a lower decision-making body, the decision from which the appeal was

taken shall be deemed sustained.

(2) If the matter is one which by statute or ordinance is under the original jurisdiction of the Board of Supervisors, so

that no lower decision has been made, then the matter shall be deemed disapproved.

(d) In cases where a decision-making body lacked jurisdiction to make the original decision in any planning or zoning matter, whether due to improper notice or other defect, an application for a hearing de novo on such matter will be entertained by the decision-making body.

(e) Subject to the provisions of Chapter 4 (commencing with Section 86.401) of Division 6 of Title 8 of the San Diego County Code, relating to appeals of environmental determinations, no application for rehearing or reconsideration of matters involving major and minor subdivision map approvals or denials, special use permits, variances and other adjudicatory proceedings will be entertained by a decision-making body.

(f) Subject to the provisions of Chapter 4 (commencing with Section 86.401) of Division 6 of Title 8 of the San Diego County Code, relating to appeals of environmental determinations, an application for rehearing or reconsideration of amendments to The Zoning Ordinance, including but not limited to reclassification of land, general plan adoptions and amendments, and specific plan adoptions and amendments, will be entertained by a decision-making body only in those instances involving intentional or negligent misrepresentation of facts at the original hearing.

(g) A request for hearing de novo, rehearing, or reconsideration under the guidelines set out above will be accepted and considered only upon written application signed by the applicant therefore and setting out in detail the reasons for such request including a statement of all facts upon which the application is based.

(Amended by Ord. No. 4795 (N.S.), effective 1-6-77; amended by Ord. No. 7953 (N.S.), effective 9-5-91; amended by Ord. No. 8099 (N.S.), effective 7-31-92; amended by Ord. No. 9548 (N.S.), effective 5-9-03)

(a) Members of the decision-making body may contact County staff at the level of Department Head, either personally or in accordance with an adopted departmental policy. Such contacts shall, however, be limited to a factual inquiry not involving either the taking of administrative action or the compilation of information not already available and shall not involve matters subject of a hearing except as permitted pursuant to Section 375.8.

(b) All contacts involving complaints, communications regarding administrative matters, requests for information not readily available, or requests involving the promulgation of an opinion or position shall be made in writing to the appropriate Department Head, who shall be responsible for referral of the contacts to the appropriate staff member and for insuring the complete records in writing shall be kept on all such contacts. Such records shall include the date the contact was received, the department and the name(s) of the staff member(s) who actually performed any necessary work, a record of any response prepared, the date the response was forwarded and the names of all persons to whom the response was forwarded. Replies to such communications shall be published to each member of the decision-making body.

(c) No member of the decision-making body shall request from County staff the preparation of a report or other written compilation of material, not readily available and involving the expenditure of significant staff time (8 hours or more), unless the decision-making body by motion duly made and adopted shall have approved the preparation of a report or the compilation of the material.

(Amended by Ord. No. 6946 (N.S.), effective 5-24-85)

The decision-making body may adopt additional and supplemental rules of procedure governing the conduct of its meetings.

(Added by Ord. No. 6535 (N.S.), effective 2-16-83; Ord. No. 6539 (N.S.), adopted 3-2-83, effective 4-1-83, supersedes Ord. No. 6535 (N.S.); repealed by Ord. No. 9674 (N.S.), effective 10-22-04)

Every member of a decision-making body who knowingly and willfully violates any section of this Article is guilty of a misdemeanor punishable by imprisonment in the County Jail for a period not exceeding six months, or by a fine not exceeding $500, or by both.

(Added by Ord. No. 6535 (N.S.), effective 2-16-83; Ord. No. 6539 (N.S.), adopted 3-2-83, effective 4-1-83, supersedes Ord.

No. 6535 (N.S.); repealed by Ord. No. 9674 (N.S.), effective 10-22-04)

No writings of more than five pages in length, submitted by any member of the public, shall be received as evidence by the Board of Supervisors at any hearing subject to this Article unless they are filed with the Clerk no later than the close of business on the third working day before the matter to which they relate is scheduled to be heard. For good cause shown, the Board may receive as evidence writings which have not been timely filed with the Clerk. The Board may impose reasonable conditions on receiving late-filed writings, including that the hearing be continued.

(Added by Ord. No. 7584 (N.S.), effective 3-3-89)

(Added by Ord. No. 9700 (N.S.), effective 2-4-05; repealed by Ord. No. 9726 (N.S.), effective 8-12-05)