8111-3 - Notice and hearing procedures.

8111-3.1.1 - All hearing notices prepared pursuant to this Article shall include the date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the subject property.

8111-3.1.2 - Whenever a hearing is required under this Article before an application can be acted upon, the Planning Division shall set a date, time and place for the matter to be heard, and shall give public notice of the hearing by publication in a newspaper of general circulation at least twenty (20) days prior to the hearing of a zoning ordinance amendment and ten (10) days prior to all other required hearing, and adding a day for each County-recognized holiday that falls within the public hearing notification period.

8111-3.1.3 - In addition, if the hearing involves an application for a discretionary entitlement (other than an Emergency Use Authorization) or modification thereto, an appeal regarding any discretionary entitlement, or a zone change, zoning ordinance or General Plan amendment which affects the permitted uses of property, then a written notice, postage prepaid, shall be mailed to all of the following at least twenty (20) days before the hearing of a zoning ordinance amendment and at least ten (10) days before any other required hearing in accordance with Section 8111-3.1.2 above:

a.

The owner of the subject property, or the owner's duly authorized agent;

b.

The applicant, if different from the owner of the subject property;

c.

Each local agency whose ability to provide essential services or facilities to the project may be significantly affected by the project; and

d.

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 page advertisement published at least twenty (20) days prior to the hearing of a zoning ordinance amendment and at least ten (10) days prior to any other required hearing in a newspaper of general circulation may be substituted for the direct mailing.

8111-3.1.4 - Notification shall also be mailed or delivered, at least twenty (20) days prior to the hearing of a zoning ordinance amendment or at least ten (10) days prior to any other required hearing in accordance with Section 8111-3.1.2, to any person who has filed a written request for such notice with the Planning Director or the Clerk of the Board of Supervisors.

8111-3.1.5 - In the case of appeal hearings, notice shall also be provided to the appellant and, if applicable, to the County official, department, board or commission whose order, requirement, permit, decision or determination is the subject of the appeal.

(Ord. No. 4473, 6-2-2015; Ord. No. 4639, § 9, 12-17-2024)

The decision-making authority(s) shall hold at least one (1) public hearing on any duly filed application that requires a discretionary decision except for Permit and Variance Adjustments, requests for a Fair Housing Reasonable Accommodation, or as otherwise specifically provided in this Chapter. Public hearings shall be conducted in such a manner as to allow the applicant and all other interested parties to be heard and present their positions on the case in question, and shall have a record of the decision kept, along with the findings made which supported the decision. Administrative hearings shall be conducted by the Planning Director or designee.

(Ord. No. 4639, § 9, 12-17-2024)

A quorum for a hearing before the Planning Commission or Board of Supervisors shall consist of three (3) members. The approval of any discretionary entitlement, or other matters brought before either body, requires the concurrence of at least three (3) of its members. The secretary for the appropriate decision-making authority shall enter the decision in the minutes or records of the meeting.

(Ord. No. 4639, § 9, 12-17-2024)

A decision-making authority may refer a matter back to the preceding hearing body for further report, information or study.

If it is necessary to continue the hearing or decision on any matter before the decision-making authority, the person presiding at the 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 72 hours before the continued hearing, no further notice need be given.