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9.1 PUBLIC HEARINGS REQUIRED UNLESS WAIVED

Public Hearings are required for all development permits, variances, and exceptions, unless waived pursuant to these regulations. The following table, “Public Hearing Requirements and Authorized Hearing Officer,” specifies the Hearing Officer who is authorized to approve, approve with conditions, or deny applications for permits or variances. The table also indicates when the Public Hearing requirement may be waived by the Hearing Officer. (Former Section CZ#A315-5)

9.2 PUBLIC HEARING MAY BE WAIVED

A public hearing may be waived, as indicated in the table, “Public Hearing Requirements and Authorized Hearing Officer,” upon making all of the following findings: (Former Section INL#317-40.3; CZ#A315-5; Ord. 1726, Sec. 4, 3/4/86; Amended by Ord. 2214, 6/6/00)

9.2.1The permit application, in the Hearing Officer’s opinion, qualifies for approval; and (Former Section INL#317-40.3(1); CZ#A315-5(A); Ord. 1726, Sec. 4, 3/4/86; Amended by Ord. 2214, 6/6/00)

9.2.2The permit application is not being processed in conjunction with an application that requires a public hearing; and (Former Section INL#317-40.3(2); CZ#A315-5(B); Ord. 1726, Sec. 4, 3/4/86; Amended by Ord. 2214, 6/6/00)

9.2.3A written request for a public hearing has not been received by the Department prior to the Hearing Officer’s administrative action. (Former Section INL#317-40.3(3); CZ#A315-5(C); Ord. 1726, Sec. 4, 3/4/86)

9.2.4

9.2.4 TABLE: PUBLIC HEARING REQUIREMENTS AND AUTHORIZED HEARING OFFICER ***

Application Type

May Be Waived1

Director2

Zoning Administrator2

Planning Commission

Special Permit (SP)

W

O

O

Use Permits (UP) that are categorically exempt from environmental review under CEQA

O

O

Use Permits (UP) that require environmental review under CEQA

O

O

Coastal Development Permits that are appealable to the California Coastal Commission

O

O

Coastal Development Permits that are appealable to the California Coastal Commission and qualify as minor development consistent with Section 312-9.2.5

W

Coastal Development Permits that are not appealable to the California Coastal Commission

W

O

Planned Unit Development Permits

O

O

***Consistent with California Government Code Section 65852.2 there is no requirement to hold a public hearing for Accessory Dwelling Units that require Coastal Development Permit (CDP).

“W” indicates that the Public Hearing may be waived.

“O” identifies the Authorized Hearing Officer.

1Subject to making all required findings of Section 312-9.2.

2The Zoning Administrator or Director may refer any application for a permit or variance to the Planning Commission for a decision, as permitted by Section 312-1.2.5.

(Former Section INL#317-40.3(3); CZ#A315-5(C); Ord. 1726, Sec. 4, 3/4/86, Amended by Ord. 2167, Sec. 18, 4/7/98, Amended by Ord. 2367A, 7/25/06)

9.2.5The Hearing Officer may waive the requirement for a public hearing on a Coastal Development Permit application for a minor development that is appealable to the Coastal Commission only if both of the following occur: (Added by Ord. 2367A, 7/25/06)

9.2.5.1Notice is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice that a public hearing will not be held unless requested by any interested person within 15 days.

9.2.5.2No request for a public hearing is received by the local government within 15 working days from the date of sending the notice pursuant to section 9.2.5.1.

9.2.6Accessory dwelling units (ADUs) do not require a public hearing consistent with the applicable provisions of California Government Code Section 65852.2. (Ord. 2367A, 7/25/2006; Ord. 2717, § 3, 6/27/2023)