Chapter 17.116 — PUBLIC NOTICES AND HEARINGS

Sections:

17.116.010 Purpose.

17.116.020 Noticing requirements for zoning ordinance amendments.

17.116.030 Noticing requirements for permits, entitlements, and development.

17.116.040 Failure to receive notice.

17.116.050 Notification of more than one thousand property owners.

17.116.060 Notification of public agencies.

This chapter provides procedures for noticing public hearings required by this zoning code. When advance notice is required and/or when a public hearing is required, the noticing and hearing shall be conducted in compliance with this chapter. (Ord. 24-01 §2(Exh. A- 1)).

Before the commission or council hearing on an amendment to or adoption of the ordinance, a notice of the public hearing shall be published one time, in at least one newspaper of general circulation within the jurisdiction of the city at least ten days before the hearing. The notice shall include the information specified in Section 17.116.030 (Noticing requirements for permits, entitlements, and development). If the proposed amendment or adoption of the ordinance affects the uses of real property, notice shall be given in compliance with Section 17.116.030 (Noticing requirements for permits, entitlements, and development). (Ord. 24-01 §2(Exh. A-1)).

A. Before a hearing on a permit for which a public hearing is required, a single notice of hearing shall be given not less than ten days before a hearing by publication in a newspaper of general circulation which is distributed in or near the general area of the property which is affected by the proposed land use, permit, or entitlement. If there is no newspaper of general circulation, the notice shall be posted at least ten days before the hearing in at least three public places within the city.

B. The newspaper publication and the mailed notices shall include information regarding the date, time and place of the public hearing, the planning body or officer who will consider the permit application and, a general description in text or by diagram, of the location of the real property that is the subject of the hearing. Surrounding properties shall be defined as those properties that fall within the outer property boundary of the proposed land use, permit, entitlement, or development as follows:

1. If the subject property is twenty acres or less, notices shall be given to all properties within three hundred feet of the property line.

2. If the subject property is more than twenty acres, notice shall be given to all properties within five hundred feet of the property line. (Ord. 24-01 §2(Exh. A-1)).

Failure of any person or entity to receive a notice given in compliance with Section 17.116.030 (Noticing requirements for permits, entitlements, and development) shall not invalidate any proceedings for amendment to this zoning code nor any permits authorized by this zoning code. (Ord. 24-01 §2(Exh. A-1)).

If the number of property owners to whom notice would be mailed or delivered in compliance with Section 17.116.030 (Noticing requirements for permits, entitlements, and development), is greater than one thousand, the director may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation, distributed in or near the general area of the property which is affected by the proposed development, permit, entitlement, or land use and posted on the city’s website at least ten days before the hearing. (Ord. 24-01 §2(Exh. A-1)).

In addition to providing written and/or published notice to affected property owners, a notice of the hearing shall be mailed or delivered at least ten days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services whose ability to provide those facilities and services may be significantly affected. (Ord. 24-01 §2(Exh. A- 1)).

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