Mariposa County Unincorporated, CA Zoning Ordinance#

Table of Contents#

Mariposa County Unincorporated City Zoning Code#

Chapter 17.132 Public Hearings#

17.132.010 Public Hearing Required#

Public hearings before the Mariposa County board of supervisors and planning commission shall be conducted in a manner and in accordance with the procedures set forth in this chapter, unless otherwise provided in this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.132.020 Public Notification#

All public hearings shall be noticed in accordance with this chapter and section 65090 et seq. of the Government Code. The standards established by this chapter are minimum standards and shall be expanded if required by state law.

The current assessment roll of Mariposa County shall be used to identify owners of property surrounding and including the project parcel boundaries. Notice shall be mailed or delivered to those individuals as listed on the current assessment roll. Notice shall be mailed or delivered to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

Noticing requirements for the CG-1, CG-2, CR, M-1 and M-2 zones shall be twenty-five hundred (2,500) feet from the project parcel boundaries.§

Notice within any town planning areas as described in Chapter 17.12 shall be three hundred (300) feet from a project parcel boundary.§

Notice for all other areas shall be 600 feet from the project parcel boundaries.§

If the number of owners to whom notice would be mailed or delivered pursuant to this section is greater than 1,000, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the county at least 10 days prior to the hearing. The notice shall appear during two separate weeks.

A notice shall be published in a newspaper of general circulation within the county at least once.

The planning department shall have a copy of the notice of the time and place of the hearing posted in not less than three (3) public places at least ten (10) days before the date set for the hearing. At least one of these notices shall be posted in the affected neighborhood or community. The planning department shall maintain a list of sites where notice in neighborhoods or communities will be posted.

Notice for amendments pursuant to Chapter 17.128 of this title which affect the permitted uses or intensity of uses of real property shall be mailed or delivered to each local agency expected to provide water, sewage, streets, road, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

All notifications shall be mailed at least twenty (20) days prior to the scheduled hearing date, and published at least ten (10) days prior to the scheduled hearing date. Failure of a property owner of record to receive a mailed notice shall not invalidate any hearing conducted in accordance with this title.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

Amended by Ord. 800 Sec. IV on 4/2/1991

Amended by Ord. 912 Sec. II on 1/7/1997

17.132.030 Notification Contents#

All mailed or published notices shall contain the following information:

1. A general description of the type, description and location of the project;
2. The location where initial studies, staff reports, and any other relevant information on the proposed project may be reviewed;
3. The actions to be taken with respect to the proposed project;
4. The anticipated closing date of the public review and comment period;
5. The date, time, and location of the public hearing on the proposed action, and name of the body before which the matter is to be heard;
6. Options an affected property owner may have with respect to the proposed project, including comments and appeal rights;
7. The rules of procedures of a public hearing will be included in the mail notices.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.132.040 Public Hearing—Rules of Conduct#

All public hearings shall be conducted as follows:

1. All public hearings conducted in accordance with the provisions of this title shall follow such rules of proceedings as prescribed by state law, local code, and adopted policy of the board of supervisors as amended from time to time;
2. Any decision resulting from a matter heard in accordance with this chapter shall be rendered in the form of a resolution or ordinance at the conclusion of the public hearing;
3. No decision shall be considered rendered until such resolution, as described above, is formally adopted by the body before which the matter is heard;
4. A public hearing may be continued from time to time by the hearing body and shall not require re-notification provided that at the time the hearing is continued, a time, date, and place is set for the continued hearing.

HISTORY

Adopted by Ord. 704 Sec. 1 on 3/8/1988

17.132.050 Burden of Proof#

The applicant or petitioner has the burden and shall offer competent evidence in support of their application or petition.

HISTORY

Adopted by Ord. 912 Sec. II on 1/7/1997

Ordinance History References#