MONTEREY COUNTY ZONING
COASTAL IMPLEMENTATION PLAN - TITLE 20
20.84 – PUBLIC HEARINGS
The purpose of this Chapter is to provide an opportunity where interested parties may express, in a public forum, views and opinions regarding land use applications pending before an Appropriate Authority.
The provisions of this Chapter apply to all applications that are discretionary in nature, including, but not limited to, Coastal Development Permits, Variances, Combined Development Permits, Amendments and Appeals.
20.84.030 PUBLIC HEARING REQUIRED.
Any action to approve or deny any application for a discretionary permit by an Appropriate Authority, including the Board of Supervisors, shall require that a public hearing be held and notice given pursuant to this Chapter.
20.84.040 PUBLIC NOTICE REQUIRED.
A. The notice shall be given in all of the following ways:
1. Notice of the public hearing shall be mailed or delivered at least 10 days prior to the public hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.
2. Notice of the public hearing shall be mailed or delivered at least 10 days prior to the public hearing to 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 affected.
3. Notice of the public hearing shall be mailed or delivered at least 10 days prior to the public hearing to all owners and legal residents of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the public hearing, all persons who have requested, in writing, notices relating to coastal permits , the Coastal Commission, and interested public agencies. For development on parcels in excess of 100 acres where development is proposed on a small portion of the parcel and notice to property owners and legal residents within 300 feet from all property boundaries is determined to be unreasonable by the Director of Planning and Building Inspection, notice shall be provided to property owners and legal residents within 300 feet of the development envelope and to properties in the vicinity of the development which the Director of Planning and Building Inspection determines to be affected by the development. Addresses shall be used from the last equalized assessment roll.
4. At least 3 public hearing notices shall be clearly posted at 3 different public places on and near the subject property. The notices shall be accessible and visible to the public. At least ten days prior to the first scheduled public hearing the applicant shall post or cause to be posted in conspicuous places on and off-site three notices of public hearing as provided by the Planning and Building Inspection Department. An affidavit of posting will be provided to the applicant by the Planning and Building Inspection Department. The applicant shall complete and return the affidavit to the Department at the time posting is accomplished. The affidavit shall serve as evidence of posting. Failure to post or to provide evidence of posting shall constitute grounds for suspension or continuance of the permit process.
5. In-lieu of utilizing the assessment roll, the County may utilize records of the County Assessor or County Tax Collector which contain more recent information than the assessment roll.
6. If the number of property owners to whom notice would be mailed or delivered pursuant to this Chapter is greater than 1,000, the County, in lieu of mailed or delivered notice to such property owners and residents, may provide notice by placing a display advertisement of at least 1/8 page in at least 1 newspaper of general circulation within the local in which the proceeding is conducted, at least 10 days prior to the hearing.
7. If the public hearing notice is mailed or delivered pursuant to paragraph (3), the notice shall also be published in at least one newspaper of general circulation within the area, at least 10 days prior to the hearing.
8. If a decision of an appealable Coastal Development Permit is continued to a time which has not been stated in the initial notice or at the public hearing, notice of the continued hearing shall be provided to persons requesting in writing such notice in accordance with the notice requirements set forth in this Section, unless the specified time of the continued public hearing was previously stated in the notice provided pursuant to this Section or was announced at the hearing as being the time to which the hearing would be continued.
B. The failure of any person or entity to receive notice given pursuant to this Title shall not constitute grounds for any court to invalidate the action on any permit pursuant to this Title for which notice was given (GC 65093).
20.84.050 PUBLIC HEARING NOTICE CONTENTS.
The contents of a public hearing notice shall contain at a minimum the following information:
A. Date, time and place of the public hearing;
B. The identity of the Appropriate Authority;
C. A general explanation of the matter to be considered at the public hearing; and,
D. A general description, in text or by diagram, of the location of the real property, if any, that is the subject of the public hearing.
E. A statement that the development is in the coastal zone and if it is appealable to the Coastal Commission, and the process for appeals.
20.84.060 RESPONSIBILITY OF THE APPLICANT.
It shall be the responsibility of the applicant to provide a complete list of all the names, addresses, and assessor's parcel numbers of all property owners and residents within 300 feet of the property, including the owner of the subject property for which this application is filed. The list shall be taken from the most recent records of the Monterey County Assessor's Office.