§ 35.106

This Chapter establishes the minimum requirements for providing notice of a public hearing and other required noticing, and public hearing provisions and procedures.

35.106.020 - Notice of Public Hearing and Review Authority Action

A.

Minimum requirements. Except for decisions on applications for Reasonable Accommodation processed in compliance with Chapter 35.37 (Reasonable Accommodation) that are under the jurisdiction of the Director and are not processed in conjunction with a discretionary application, Design Review processed in compliance with Section 35.82.070 (Design Review), Emergency Permits processed in compliance with Section 35.82.090 (Emergency Permits), Land Use Permits processed in compliance with Section 35.82.110 (Land Use Permits), Zoning Clearances processed in compliance with Section 35.82.210 (Zoning Clearances), and Time Extensions that are under the jurisdiction of the Director, notice shall be given by the Department in compliance with Government Code Sections 65090-65096 for all other applications that

require a noticed public hearing or notice of review authority action. Each notice shall comply with the following minimum requirements.

1.

By the Department. Notice shall be given by the Department in compliance with the following:

a.

Newspaper publication. Notice shall be published in at least one newspaper of general circulation within the County and circulated in the area affected by the project at least 10 days before the scheduled public hearing or action by the review authority.

b.

Mailed notice.

(1)

Notice of filing of an application. Notice of the filing of an application shall be mailed within the 15 calendar days following the Department's determination in compliance with Section 35.80.050 (Initial Application Review) that an application is complete for processing to:

(a)

Any person who has filed a written request for notice and has supplied the Department with self-addressed stamped envelopes.

(b)

The applicant.

(c)

The owner of the subject lot, if different from the applicant.

(d)

Owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

(e)

Residents of property located within a 300-foot radius of the exterior boundaries of the subject lot of an application for a commercial or noncommercial telecommunications facility, and additions thereto, allowed in compliance with Chapter 35.44 (Telecommunications Facilities).

(f)

Owners and residents of property located within a 1,000-foot radius of the exterior boundaries of the subject facility lease area of an application for a commercial telecommunications facility, and additions thereto, allowed in compliance with Section 35.44.010 (Commercial Telecommunication Facilities), if the

subject lease area is located on a lot with a residential zone designation and the application includes a new freestanding antenna that is visible from the surrounding area.

(g)

Owners and residents of property located within a 1,000-foot radius of the exterior boundaries of the subject facility lease area of an application for a commercial telecommunications facility, and additions thereto, allowed in compliance with Section 35.44.010 (Commercial Telecommunication Facilities), if the subject lease area is located within 1,000 feet of a lot with a residential zone designation and the application includes a new freestanding antenna that is visible from the surrounding area.

(2)

Notice of public hearing or review authority action. Notice of public hearing or review authority action shall be mailed at least 10 days before the scheduled hearing or action to all parties required to receive notice in compliance with Subsection A.1.b.(1), above.

(3)

Optional notice to more than 1,000 owners of property. If the number of owners to whom notice would be mailed or delivered in compliance with this Section is greater than 1,000, the County may instead provide the notice required by Subsections A.1.a and A.1.b.(2), above, by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County at least 10 days before the scheduled hearing or action.

c.

Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

d.

Contents of notice. The contents of the notice shall be in compliance with Section 35.106.080 (Contents of Notice) below.

e.

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

2.

By the applicant. Notice shall be given by the applicant in compliance with the following:

a.

Posted notice.

(1)

The applicant shall conspicuously post a notice at a minimum of one location on the subject lot with at least one notice posted in a location that can be viewed from the nearest public street. If the subject lot is a through lot, then the applicant shall conspicuously post a notice adjacent to each street frontage in a location that can be viewed from the street.

(2)

The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide, except that for the following applications the notice shall be a minimum of two feet tall by three feet wide:

(a)

Applications for development that are under the jurisdiction of the Commission and requires the approval of a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

(b)

Applications for development that are under the jurisdiction of the Commission and requires the approval of a Development Plan in compliance with Section 35.82.080 (Development Plans), not including applications for Development Plans required solely in compliance with Subsection 35.21.030.C, Subsection 35.22.030.C.1, Subsection 35.23.030.C.1, and Subsection 35.25.030.D.1.a.

(c)

Applications for legislative actions under the jurisdiction of the Board as the designated review authority in compliance with Table 8-1 (Review Authority) of Chapter 35.80 (Permit Application Filing and Processing).

(3)

Said notice shall be posted by the applicant:

(a)

At least 10 days before the scheduled public hearing or review authority action if the application is determined to be exempt from the requirements of the California Environmental Quality Act.

(b)

If the application is determined to subject to the requirements of the California Environmental Quality Act, on or before the beginning of the first public comment period on the document prepared in compliance with the California Environmental Quality Act.

(4)

The notice shall be required to be continuously posted from the date required by Subsection A.2.a.(3) above until at least 10 days following an action of the review authority to approve, conditionally approve, or deny the application, including an action on an appeal of the decision of the review authority.

(5)

The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other required documentation with the Department no later than 10 days before the scheduled initial public hearing or action by the review authority. Failure of the applicant to comply with this Section may result in postponement of the public hearing or action by the review authority.

35.106.050 - Land Use Permits

A.

Minimum requirements. Notice of an application and pending action or action on a Land Use Permit application shall be given in compliance with the following:

1.

By the Department. Notice shall be given by the Department in compliance with the following:

a.

Mailed notice. Mailed notice shall be provided to:

(1)

All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

(2)

All residents located within a 300-foot radius of the exterior boundaries of the subject lot of an application for a commercial telecommunication facility, and additions thereto, as may be allowed in compliance with Subsection 35.44.010.C.1.

(3)

Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

b.

Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

c.

The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and:

(1)

If the application is subject to Design Review in compliance with Section 35.82.070 (Design Review), at least 10 days before the scheduled date of the initial review by the Board of Architectural Review including conceptual review, or;

(2)

If the application is not subject to Design Review in compliance with Section 35.82.070 (Design Review), at least 10 days before an action by the Director to issue a Land Use Permit.

d.

The notice shall be continuously posted from the date required by Subsection A.1.c, above, until at least 10 days following an action of the Director to approve, conditionally approve, or deny the Land Use Permit.

2.

By the applicant. Notice shall be given by the applicant in compliance with the following:

a.

Posted notice. The applicant shall conspicuously post a notice at a minimum of one location on the subject lot with at least one notice posted in a location that can be viewed from the nearest public street. If the subject lot is a through lot, then the applicant shall conspicuously post a notice adjacent to each street frontage in a location that can be viewed from the street.

b.

The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide.

c.

Said notice shall be posted by the applicant no later than 15 days following the filing of a complete application with the Department and:

(1)

If the application is subject to Design Review in compliance with Section 35.82.070 (Design Review), at least 10 days before the scheduled date of the initial review by the Board of Architectural Review including conceptual review, or;

(2)

If the application is not subject to Design Review in compliance with Section 35.82.070 (Design Review), at least 10 days before an action by the Director to issue a Land Use Permit.

d.

The notice shall be required to be continuously posted from the date required by Subsection A.2.c, above and shall remain posted for a minimum of 10 days following an action of the Director to approve,

conditionally approve, or deny the Land Use Permit.

e.

The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other documentation required by the Director with the Department prior to the action by the Director to issue the Land Use Permit. Failure of the applicant to comply with this Section may result in postponement of the action by the Director.

A.

Minimum Requirements. Notice of applications for Design Review shall be given in compliance with the following:

1.

By the Department. Notice shall be given by the Department in compliance with the following:

a.

Mailed notice. Mailed notice shall be provided to:

(1)

All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

(2)

Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

(3)

The names and addresses used for such notice shall be those appearing on the equalized County assessment roll, as updated from time to time.

b.

Posted notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

c.

The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and at least 10 days before the scheduled date of the initial review by the Board of Architectural Review including conceptual review.

d.

The notice shall be required to be continuously posted from the date required by Subsection A.1.c above, until at least 10 days following final action by the Board of Architectural Review.

e.

The contents of the notice shall be in compliance with Section 35.106.080 (Contents of Notice) below.

2.

By the applicant. Except for applications for Design Review that are submitted in association with an application that is noticed in compliance with Section 35.106.020 (Notice of Public Hearing and Review Authority Action), notice shall be given by the applicant in compliance with the following:

a.

Posted notice. The applicant shall conspicuously post a notice at a minimum of one location on the subject lot with at least one notice posted in a location that can be viewed from the nearest street. If the subject lot is a through lot, then the applicant shall conspicuously post a notice adjacent to each street frontage in a location that can be viewed from the street.

b.

The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide.

c.

The notice shall be posted by the applicant no later than 15 days following the filing of a complete application to the Department and at least 10 days before the initial review by the Board of Architectural Review, including conceptual review.

d.

The notice shall be required to be continuously posted from the date required by Subsection A.2.c above, until at least 10 days following an action by the Board of Architectural Review to grant final approval.

e.

The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other required documentation with the Department no later 10 days before the scheduled date of the initial review by the Board of Architectural Review, including conceptual review. Failure of the applicant to comply with this Chapter may result in postponement of the review by the Board of Architectural Review.

A.

Minimum requirements. Notice of the application for an Emergency Permit shall be given in compliance with the following:

The Department shall provide mailed notice of applications for Emergency Permits to all owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

2.

The names and addresses used for such notice shall be those appearing on the equalized County assessment roll, as updated from time to time.

3.

The Department shall also conspicuously post a notice in three locations on the subject lot.

4.

The mailing or posting of notice is not required to precede the actual commencement of the emergency work.

35.106.075 - Time Extensions Under the Jurisdiction of the Director

A.

Minimum requirements. Notice of the application and pending action on an application for a Time Extension under the jurisdiction of the Director shall be given in compliance with the following.

1.

By the Department. Notice shall be given by the Department in compliance with the following:

a.

Newspaper publication. If the Director is the decision-maker on an application because the requirement for a hearing on the application has been waived in compliance with this Article, then notice shall be published in at least one newspaper of general circulation within the County and circulated in the area affected by the project at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

b.

Mailed notice.

(1)

Except as provided in Subsection A.1.g, below, mailed notice shall be provided to:

(a)

All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

(b)

All residents of property located within a 300-foot radius of the exterior boundaries of the subject lot of an application for a commercial telecommunication facility, and additions thereto, allowed in compliance with Subsection 35.44.010.C.1.

(c)

Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

(2)

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

(3)

Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsection A.1.a.(1), above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

(a)

The notice shall be published no later than 15 days following the filing of a complete application with the Department and at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

(b)

Mailed notice shall continue to be sent to all relevant parties in compliance with Subsection A.1.a.(1), above, where mail delivery is available to addresses appearing on the equalized County assessment roll.

c.

Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

d.

The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

e.

The posted notice shall be required to be continuously posted from the date required by Subsection A.1.c, above, and shall remain posted for a minimum of 10 days following an action of the Director to approve, conditionally approve, or deny the application.

f.

The contents of the notice shall be in compliance with Section 35.106.080 (Contents of Notice).

A.

Notice for all projects. The following shall be included in all notices required to be provided in compliance with this Section not including notices that are required to be posted by applicant.

1.

The date of filing of the application and the name of the applicant.

2.

The Department case number assigned to the application.

3.

The name of the Department staff person assigned to review the application and their postal mail address, electronic mail address, and telephone number.

4.

A description of the project and its location.

B.

Notice for projects that require a public hearing or discretionary review authority action. The following shall be included in all notices for projects that require a public hearing or discretionary action by a review authority not including notices that are required to be posted by applicant.

1.

All information required by Subsection A (Notice for all projects) above.

2.

The place, date, and general time of the hearing at which the project will be heard by the review authority, if the action requires a public hearing. If the project does not require a public hearing, then only the date of pending action of the review authority is required.

3.

A general description of the County procedures concerning the conduct of public hearings and actions, including the submission of public comments either in writing or orally before the hearing or decision, and requirements regarding the procedure to appeal the decision.

C.

Notice for projects that do not require a public hearing or discretionary review authority action. The following shall be included in all notices for projects that do not require a public hearing or discretionary action by a review authority not including notices that are required to be posted by applicant.

1.

All information required by Subsection A (Notice for all projects), above.

2.

A general description of the County procedures concerning the review of the application, including:

a.

How to participate in the review of the application;

b.

How to receive notification of any pending review in compliance with Section 35.82.070 (Design Review) if applicable, or action to approve, conditionally approve, or deny the application;

c.

How to submit comments either in writing or orally before review by the Board of Architectural Review if applicable, or action to approve, conditionally approve, or deny the application; and

d.

Requirements regarding the procedure to appeal the decision of the Board of Architectural Review if applicable, or action by the Director to approve, conditionally approve, or deny the application.

3.

If applicable, the date of the pending action on the application and the date of expiration of the appeal period.

Editor's note— Ord. No. 5238, § 20, adopted February 11, 2025, repealed the former Section 35.106.090 in its entirety, which pertained to notice of pending exemption from permits and derived from original codification.

The failure of any person or entity to receive notice given in compliance with this Chapter or in compliance with State law (Government Code Sections 65090-65096) shall not invalidate the actions of the Department or the applicable review authority.

A.

Held at noticed time and place. A public hearing shall be held at the date, time, and place for which notice was given.

B.

Hearing may be continued.

1.

Any public hearing may be continued from time to time without further notice; provided, the chairperson 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.

2.

If an announcement of a continued date, time, and place is not given, notice of further hearings shall be provided in compliance with this Chapter.

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.