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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)
No member of a decision-making body shall, after an application necessitating a hearing has been filed with the County, discuss said matter with other members of a decision-making body or with proponents, opponents, or other interested parties, except in the course of and during said public hearing.
(a) No member of the decision-making body shall, after an application necessitating a hearing has been filed with the County, solicit or receive any substantive information from County staff outside of the public hearing on said matter.
(b) The provisions of this Section do not apply, however, to factual inquiries made by members of the Board of Supervisors or members of the Planning Commission, matters which have broad application in the County as distinguished from specific application to individual parcels of property subject of the hearing, nor do they apply to these matters which relate to only procedural aspects of the hearing process, such as anticipated dates of hearings or reasons for delays in setting hearings.
(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. 9074 (N.S.), effective 9-10-99; amended by Ord. No. 9674 (N.S.), effective 10-22-04)
(a) Members of the decision-making body who receive evidence after conclusion of a hearing shall not participate in the vote on the matter except where the matter is reheard after appropriate notice pursuant to decision-making body order.
(b) Following completion of the hearing, the decision-making body shall make its decision. Unless otherwise provided by law, the decision-making body shall render its decision within 10 days following the close of the public hearing.
(c) Whenever the Board of Supervisors holds a hearing and thereafter takes no action because a motion on the item failed to carry by the required affirmative vote, the Board may at that meeting continue the matter for future consideration. If the Board does not do so, any member of the Board may, within thirty days after the date on which the motion failed to carry, docket with the Clerk of the Board a request that the Board reconsider the matter. If no such request is docketed within said thirty day period, or if the Board after reconsidering the matter again fails to take action because a motion thereon fails to carry by the required affirmative vote, then the following shall occur:
(1) If the matter is an appeal from a decision of a lower decision-making body, the decision from which the appeal was taken shall be deemed sustained.
(2) If the matter is one which by statute or ordinance is under the original jurisdiction of the Board of Supervisors, so that no lower decision has been made, then the matter shall be deemed disapproved.
(d) In cases where a decision-making body lacked jurisdiction to make the original decision in any planning or zoning matter, whether due to improper notice or other defect, an application for a hearing de novo on such matter will be entertained by the decision-making body.
(e) Subject to the provisions of Chapter 4 (commencing with Section 86.401) of Division 6 of Title 8 of the San Diego County Code, relating to appeals of environmental determinations, no application for rehearing or reconsideration of matters involving major and minor subdivision map approvals or denials, special use permits, variances and other adjudicatory proceedings will be entertained by a decision-making body.
(f) Subject to the provisions of Chapter 4 (commencing with Section 86.401) of Division 6 of Title 8 of the San Diego County Code, relating to appeals of environmental determinations, an application for rehearing or reconsideration of amendments to The Zoning Ordinance, including but not limited to reclassification of land, general plan adoptions and amendments, and specific plan adoptions and amendments, will be entertained by a decision-making body only in those instances involving intentional or negligent misrepresentation of facts at the original hearing.
(g) A request for hearing de novo, rehearing, or reconsideration under the guidelines set out above will be accepted and considered only upon written application signed by the applicant therefore and setting out in detail the reasons for such request including a statement of all facts upon which the application is based.
(Amended by Ord. No. 4795 (N.S.), effective 1-6-77; amended by Ord. No. 7953 (N.S.), effective 9-5-91; amended by Ord. No. 8099 (N.S.), effective 7-31-92; amended by Ord. No. 9548 (N.S.), effective 5-9-03)
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