MONTEREY COUNTY ZONING ORDINANCE - TITLE 21

21.78 – PUBLIC HEARINGS

21.78.010            PURPOSE.

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.

21.78.020            APPLICABILITY.

The provisions of this Chapter apply to all applications that are discretionary in nature, including, but not limited to, Use Permits, Variances, Combined Development Permits, Amendments and Appeals.

21.78.030            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.

General Plan, area, plan, or master plan amendments shall be set for public hearing before the Board of Supervisors, following consideration by the Planning Commission, by the Director of Planning and Building Inspection.  The action by the Director to set the public hearing before the Board of Supervisors does not require public notice or a public hearing.

21.78.040            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 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.

            4.         At least three public hearing notices shall be clearly posted at three different public places on and near the subject property.  The notices shall be accessible and visible to the public.

            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, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency 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.

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).

21.78.050            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.

21.78.060            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 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.