California Government Code section 65856 provides that the legislative body of a local agency must hold a public hearing when it receives a recommendation of the planning commission, and that the notice of public hearing is governed by section 65090. In a victory for public participation advocacy groups, a practice referred to as "streamlined zoning" was soundly rejected by the Court of Appeals of California, Third Appellate District.Third District struck down Sierra County, California’s “streamlined zoning process,” which had permitted the county to provide notice of a legislative public hearing on a zoning ordinance or zoning ordinance amendment before the legislative body received a planning commission recommendation. The decision resulted from a case by the High Sierra Rural Alliance. The published case established firm precedent for the entire state that the public's right to participate in local land use decisions cannot be restricted. With commentary by legal associate Bry Martin. For the complete text of the Court decision, see http://ceres.ca.gov/ceqa/cases/2008/Environmental_Defense_Project_of_Si….
