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The order of presentation of evidence, unless otherwise directed by the Chairperson or the decision-making body, shall be as follows:
(a) Staff report;
(b) Environmental Impact Report, as applicable;
(c) Planning Commission Representative, as applicable;
(d) Community Planning Group Representative, as applicable;
(e) Disclosures by members of decision-making body;
(f) Testimony of the appellant, in appeals cases, or person in favor of the recommendation in other cases;
(g) Testimony of persons in opposition to the appeal or recommendation.
(Amended by Ord. No. 7449 (N.S.), effective 3-18-88)
The following rules of evidence shall apply:
(a) The hearing need not be conducted according to technical judicial rules of evidence.
(b) Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.
(c) Ordinarily, witnesses will not be sworn unless a specific request therefore is made prior to the hearing.
(Amended by Ord. No. 7953 (N.S.), effective 9-5-91)
Any hearing may be continued by the decision-making body to a date certain. The Clerk shall give notification of the continuance to any person who, prior to such continuance, has filed with the Clerk a written request for such notice. One or more continuances may be granted to the proponents of each position being presented to the decision-making body upon request and upon a showing of good cause therefore to the satisfaction of the decision-making body. Where during the course of a hearing it appears desirable that the applicant or the planning staff submit a revised or modified plan for incorporation in the decision of the decision-making body, the decision-making body shall continue the hearing to permit the filing thereof. The decision-making body will not consider any revised or modified plan to be filed after the close of a hearing.
(Amended by Ord. No. 7953 (N.S.), effective 9-5-91)
A member who was absent from a hearing or a portion of a hearing conducted by the decision-making body may vote on the matter provided that the member:
(a) Listens to the tape recording made of the entire hearing or the entire portion of the hearing from which the member was absent;
(b) Examines all of the documentary material received in evidence during the hearing or portion of the hearing from which the member was absent;
(c) Deems oneself to be as familiar with the record and with the evidence presented at the hearing as the member would have been had the member personally attended the entire hearing, and so states in public session for the record; and
(d) Upon request, the Clerk shall provide the member with the tape recording and all documentary material received in evidence during the hearing or portion of the hearing from which the member was absent.
(Amended by Ord. No. 7953 (N.S.), effective 9-5-91)
(a) Except as provided herein, no member of the decision-making body shall, after an application necessitating a hearing has been filed with the County, solicit or receive evidence outside of the public hearing.
(b) The provisions of this section do not apply, however, to the following:
(1) Major general plan proposals or amendments to the Zoning Ordinance involving definitions of words or uses in an entire zone, which have broad application in the County as distinguished from application to individual parcels of property;
(2) Receipt of unsolicited letters or other documents shall not constitute a violation of this section but their receipt shall be disclosed as provided in Section 375.10;
(3) Receipt of evidence after the close of a hearing for the limited purpose of determining whether to request the decision-making body to order that the matter be reheard;
(4) Factual inquiries made by members of the Board of Supervisors and the Planning Commission to County staff; or
(5) Participation by members of a decision-making body on a task force or committee that has been duly created by the Board.
(Amended by Ord. No. 4795 (N.S.), effective 1-6-77; amended by Ord. No. 6946 (N.S.), effective 5-24-85; amended by Ord. No. 7040 (N.S.), effective 10-25-85; amended by Ord. No. 7338 (N.S.), effective 8-6-87; amended by Ord. No. 7953 (N.S.), effective 9-5-91)
(a) After an application necessitating a hearing has been filed with the County, no member of a decision-making body shall view the subject property with a proponent or opponent of said application, or other interested parties.
(b) Where, during the course of a hearing it appears that one or more decision-making body members desire to view the subject property, the hearing shall be continued for that purpose. When the hearing is continued and if the members of the decision-making body so desire, they may individually view the site and shall thereafter report their observations at the continued hearing or as a body may view the site and may be accompanied by proponents, opponents, and other interested parties.
A member who has received evidence outside of a hearing or has viewed the subject property after an application necessitating a hearing has been filed with the County, or is familiar with the subject property shall fully disclose at the hearing such evidence and his or her observations and familiarity with the property so that the applicant, opponent, interested persons, and other members of the decision-making body may be aware of the facts or evidence upon which he or she is relying and have an opportunity to controvert it. All written evidence received outside of the hearing shall be filed with the Clerk which filing shall satisfy the disclosure requirement of this section related to written evidence not relied upon by a member. If a member receives unsolicited letters or other documents less than 3 working days prior to a hearing, and the member is not relying upon those documents, then disclosure at the hearing is not required; however, those documents shall be provided to the Clerk and reported as communications received from the public in the ordinary course of business.
(Amended by Ord. No. 10596 (N.S.), effective 4-12-19)
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