Orange County Approved BOA Minutes 20 12 14

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Approved 08/09/2021 1 parties are required to observe social distancing protocols and wear masks while in the meeting room. Mr. Harvey said 2 the Board will call a specific case and staff will ask the applicant and all other parties asserting standing to enter the 3 meeting room. At this time, the Board shall open the public hearing and staff will make a brief presentation on the topic 4 before turning the meeting back to the Chair. 5 6 Mr. Harvey reminded the Board there was a script at their places outlining the cadence of this meeting protocol. All 7 parties in attendance this evening received a copy of the script. 8 9 Mr. Harvey said the Board will then ask the applicant to present evidence detailing their legal standing to present 10 evidence before the Board and to summarize intended evidence, reminding the Board the applicant's arguments on 11 standing were contained in the Board's agenda packets as part of the application(s) for each individual case. The 12 Board will then vote on granting the application standing to present their case. Once this is completed, individuals 13 intending to argue standing on a particular case shall be brought into the room, one at a time, be sworn, and present 14 their arguments to the Board for consideration. Once standing has been determined on both cases, the Board shall 15 adjourn the public hearing to January 11, 2021 for the presentation of evidence. 16 17 Mr. Harvey reminded the Board if there are not multiple parties intending to present evidence on each case, the Board 18 has the ability to hold the evidentiary hearing, accept evidence, asked questions, close the hearing and deliberate, and 19 make a formal determination at tonight's meeting if they so choose. 20 21 Mr. Qandil asked Mr. Harvey about Case A-3-20, specifically if there was anyone other than the applicant asserting 22 standing. Mr. Harvey said no other individual was asserting standing in this specific case. Mr. Qandil asked if there 23 were any reason to doubt an applicant had standing to present their application. Mr. Harvey indicated staff was not 24 challenging an applicant's standing to present a case, but that the Board still had an obligation to hear the summary of 25 evidence, accept arguments on standing, and make a determination. This is due to the bifurcated nature of the 26 meeting. Most of this, under normal circumstances, would occur simultaneously with the presentation of a request. Jeff 27 Scott asked for additional clarification on how individuals assert standing and what constituted viable evidence. 28 29 James Byran, Staff Attorney, indicated part of the issue was trying to make things as simple as possible while taking 30 into account the need for social distancing during COVID and ensure the Board operated as thoroughly as possible 31 guaranteeing there were opportunities to hear objections or counter arguments. This would normally occur seamlessly 32 but due to COVID, and the limits on the number of people that can be in the meeting room at any one time, this meeting 33 cadence was designed to ensure legal sufficiency. 34 35 Mr. Bryan reminded the Board standing was at the sole discretion of the members based on the evidence entered into 36 the record. Individuals asserting they have standing are required to present evidence/testimony supporting their claim, 37 including: 38 • The individual has person with legal interest in the subject parcel including being the owner of the property, 39 • A person who will suffer special damages as the result of a decision, or 40 • An association organized to promote the interests of a particular area, such as a homeowners association. 41 Mr. Bryan reminded the Board individuals are required to substantiate what special damages they will suffer for the 42 Board to consider if they have standing, which typically involves proximity to the subject parcel and/or action on the 43 proposal could result in economic damages such as a decrease in property values. Individual asserting standing are 2