Article 15 — Notice, Hearings, and Decisions

8215-0 - Purpose.

The purpose of this Article is to establish procedures for public notice, hearings, and decisions made pursuant to this Chapter and state law, except for public hearings and decisions under Article 18 of this Chapter which are not subject to this Article.

(Ord. No. 4566, § 1, 6-16-2020)

8215-1 - Notice and public hearing procedures. 8215-1.1 - Notice.

Whenever a public hearing is required by this Chapter or state law, except for public hearings under Article 18 of this Chapter, notice thereof shall be given as provided in this Section.

a.

Contents of the Notice — The notice shall include the date, time, and place of the public hearing, the identity of the advisory agency or officer, a general explanation of the matter to be considered, a general description (in text or by diagram) of the location of the real property that is the subject of the public hearing, and a statement that the person to whom the notice is addressed has a right to appear and be heard.

b.

Providing Notice — The notice shall be given by publication at least one (1) time in at least one (1) newspaper of general circulation within the County, at least ten (10) days prior to the public hearing, or if there is no such newspaper of general circulation, the notice shall be posted in at least three (3) public places within the boundaries of the County, including one (1) public place in the area directly affected by the proceeding. In addition, notice of the hearing shall be mailed or delivered at least ten (10) days prior to the public hearing to all of the following:

The owner(s) of the subject real property;

The owner's duly authorized agent, if any;

The project applicant;

Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly impacted;

Any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Civil Code section 883.230; The owners of all real property situated within a radius of three hundred (300) feet of the exterior boundaries of the Assessor's Parcel(s) which is the subject of the application. If the 300-foot radius does not include fifteen (15) or more parcels of real property, the radius shall be expanded until the owners of at least fifteen (15) parcels will be notified. Names and addresses shall be obtained from the latest equalized assessment roll. If the number of owners exceeds one thousand (1,000), a one-eighth (⅛) page advertisement published at least ten (10) days prior to the public hearing in a newspaper of general circulation may be substituted for the direct mailing;

Each tenant of the subject property if the proposed subdivision is a conversion of residential property to a condominium, community apartment project, or stock cooperative project (see Gov. Code § 66451.3);

The appellant, if the public hearing is being held as a result of an appeal filed under Article 16 of this Chapter; and

Any person who has filed a written request for such notice with either the Planning Division, Clerk of the Board of Supervisors, or with any other person designated by the Board of Supervisors to receive these requests.

c.

The applicant, or appellant if the public hearing is an appeal, shall reimburse the County for the costs of providing such notices.

(Ord. No. 4566, § 1, 6-16-2020)

8215-1.2 - Conduct of public hearings; quorum; vote.

a.

Any interested party may appear and present evidence and testimony at a public hearing conducted under this Chapter.

b.

Unless otherwise provided in this Chapter or other County ordinances or regulations, the public hearing shall be conducted in accordance with Chapter II, Policy 11, Rule 42 of the County Administrative Manual entitled "Public Hearings for Planning and Zoning

Matters (Land Use Matters)."

c.

At least three (3) days prior to the public hearing, the staff report or recommendation, if any, on the matter before the advisory agency, shall be made available to the public and provided to the applicant and appellant, if applicable. The applicant or appellant shall bear the costs associated with the public hearing as set forth in the Board-adopted Fee Schedule.

d.

Public hearings shall have a record of the decision kept, along with the findings made which support the decision.

e.

A quorum for a public hearing before the Planning Commission or Board of Supervisors shall consist of three (3) members. The approval of, or recommendation regarding, any discretionary action or decision, or other request or matter brought before either body, requires the concurrence of at least three (3) of its members. The clerk or secretary shall enter the decision in the minutes or records of the meeting.

(Ord. No. 4566, § 1, 6-16-2020)

8215-1.3 - Continued public hearings.

If it is necessary to continue a public hearing or decision on any matter, the person presiding over the public hearing shall, before adjournment thereof, publicly announce the date, time, and place to which the matter will be continued. Except for the posting of an agenda containing the continued matter in a public place at least seventy-two (72) hours before the continued public hearing, no further notice is required to be provided.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2 - Decisions. 8215-2.1 - Decisions on parcel map waivers.

The advisory agency shall render its decision to approve, conditionally approve, or disapprove a parcel map waiver application applying the standards and required findings for approval in Section 8204-4 within the timeframes required by Government Code section 66451.7, unless the applicant consents to a longer time period.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.2 - Decisions on tentative tract maps.

a.

Planning Commission Recommendation—At the conclusion of the public hearing, the Planning Commission shall adopt a resolution advising the Board of Supervisors of its recommendation regarding whether the Board, in applying the standards and required findings for approval in Section 8205-6.6 of this Chapter, should approve, conditionally approve, or disapprove the tentative tract map, map conditions, and CEQA determinations. The Planning Commission's resolution shall be submitted to the Board of Supervisors within the time frame set forth in Government Code section 66452.1(a), unless the applicant consents to a longer time period.

b.

Board of Supervisors Decision—At the conclusion of the public hearing, the Board shall make its decision to approve, conditionally approve, or disapprove the tentative map applying the tentative map standards and required findings for approval in Section 8205-6.6 of this Chapter, reasonably exercise its independent judgment and discretion, and, if a decision is made to approve or conditionally approve the tentative map, make the required findings in support of its decision based upon the evidence in the record within the time frames established by Government Code section 66452.2(a), unless the applicant consents to a longer period of time.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.3 - Decisions on tentative parcel maps.

In making the decision to approve, conditionally approve, or disapprove the tentative parcel map, the advisory agency shall apply the tentative map standards and required findings for approval in Section 8205-6.6 of this Chapter, reasonably exercise his or her independent judgment and discretion, and, if a decision is made to approve or conditionally approve the tentative map, make the required findings in support of his or her decision based upon the evidence in the record within the time frames established by Government Code section 66452.1(b), unless the applicant consents to a longer period of time.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.4 - Decisions on amendments to recorded final maps and parcel maps.

The advisory agency shall render its decision to approve, conditionally approve, or disapprove amendments to a recorded final map or parcel map applying the standards and required findings for approval in Section 8207-1.4.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.5 - Deferral of decisions.

Decisions on proposed subdivisions may be deferred by the designated decision-making advisory agency to a higher decision- making advisory agency in accordance with this Section 8215-2.5. The Planning Director may defer decisions to the Planning Commission, except that the Planning Director may defer decisions regarding amendments of conditions of approval for final maps or parcel maps only to the Board of Supervisors. The Planning Commission may defer decisions to the Board of Supervisors. The advisory agency to which a decision is deferred shall hold the public hearing and make all required findings and decisions as required for the subject application. In order to defer a decision, the Planning Director or Planning Commission must determine that good cause exists for the deferral. Good cause may exist, but is not limited to, subdivision decisions for:

Projects involving multiple discretionary County land use entitlements and/or legislative actions (see Section 8215-2.6);

Subdivisions which may result in a significant adverse environmental impact which cannot be mitigated to less than significant level; or

Which may be precedent setting.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.6 - Decisions regarding projects, including other discretionary entitlements or legislative actions.

If an application for a discretionary approval or action under this Chapter, including but not limited to a proposed tentative map, is part of a project that includes applications for one (1) or more other discretionary County land use entitlements and/or legislative actions, all discretionary applications comprising the project as a whole shall be consolidated for public hearing, recommendation, and/or decision in accordance with all substantive and procedural requirements applicable to each of the project's constituent decisions and actions to the extent possible and not in conflict with state law. If conflicts exist between the procedural or substantive requirements applicable to the project's constituent decisions and actions, such conflicts shall be resolved at the discretion of the Planning Director in consultation with County Counsel and in accordance with state law.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.7 - Planning Director decision.

If a decision is not announced at the public hearing, a written decision shall be rendered not more than ten (10) calendar days following the end of the hearing.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.8 - Effective date of decisions.

a.

A decision made by the Planning Director, County Surveyor, or Planning Commission is effective at the expiration of the decision's appeal period unless an appeal is filed with the Planning Division in compliance with Section 8216-1 of this Chapter prior to the expiration of the appeal period.

b.

A decision of the Board of Supervisors is effective on the date it is rendered.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.9 - Appeal of decision.

An advisory agency's decision may be appealed in the manner set forth in Article 16 of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

8215-2.10 - Notification of final decision.

The advisory agency shall provide the applicant written notification of its decision once the decision becomes final and non- appealable.

(Ord. No. 4566, § 1, 6-16-2020)