Salinas Municipal Code Div. 7 Public Hearing Notice

The purpose of this division is to provide a standard for the conduct of public hearings that complies with state public hearing requirements and afford the public due process through notification and participation in zoning and development proposals.

(Ord. No. 2463 (NCS).)

When a provision of this Zoning Code requires notice of a public hearing pursuant to this article, such notice shall be made at least once in a newspaper of general circulation within Salinas designated by the Salinas city council at least ten calendar days prior to the hearing.

(Ord. No. 2463 (NCS).)

The city planner shall set the date, time, and place for the public hearing.

(Ord. No. 2463 (NCS).)

When a provision of this Zoning Code requires notice of a public hearing pursuant to this article, such notice shall be given in all of the following ways:

(a) Notice of the public hearing shall be mailed or delivered at least ten calendar days prior to the hearing to the owner of the subject real property or their duly authorized agent, to the project applicant, and to any other person as required by this article;

(b) Notice of the public hearing shall be mailed or delivered at least ten calendar days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

(c) Notice of the public hearing shall be mailed or delivered at least ten calendar days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, records of the county assessor or tax collector (or other reliable method approved by the city council) may also be used. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, notice may be provided by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within Salinas at least ten calendar days prior to the hearing; and

(d) If the notice of the public hearing is mailed or delivered pursuant to this section, the notice shall also be:

(1) Published at least once in a newspaper of general circulation within Salinas at least ten calendar days prior to the hearing, and

(2) Posted at least ten calendar days prior to the hearing in at least three public places within Salinas, including at least one at the subject property, which is the subject of the proceeding. The notice shall meet all posting requirements as established by community planning and development.

(Ord. No. 2463 (NCS).)

When a provision of this Zoning Code requires notice of a public hearing, the notice shall be mailed or delivered at least ten calendar days prior to the hearing to any person who has filed a written request for notice with either the city clerk or with any other person designated by the city council to receive these requests.

(Ord. No. 2463 (NCS).)

Compliance with these provisions shall be deemed sufficient for the city to act regardless of actual receipt of notice.

(Ord. No. 2463 (NCS).)

The failure of any person or entity to receive notice given pursuant to this division shall not constitute grounds for any court to invalidate the actions for which the notice was given. No action, inaction, recommendation, or decision of the city planner, the planning commission, the city council, or any of its officials on any matter subject to this Zoning Code shall be invalid or set aside by reason of any error, irregularity, informality, neglect, or omissions as to any notice or method of procedure pursuant to this Zoning Code unless a finding is made based on substantial evidence in the record that the complaining party suffered substantial injury from that error, irregularity, neglect, or omission, and that a different result would have been probable if the error, irregularity, informality, neglect, or omission had not occurred in accordance with Government Code Section 65010(b).

(Ord. No. 2463 (NCS).)

Any public hearing conducted pursuant to this division may be continued from time to time and shall not require additional notification.

(Ord. No. 2463 (NCS).)