§ 15-5007. PUBLIC NOTICE.

Unless otherwise specified, whenever the provisions of this Code require public notice, the City shall provide notice as follows.

A.

Timing of Notice. The Director shall provide a notice at least 10 days before the date of the public hearing or the date of action when no public hearing is required.

1.

Dual Notice. When two hearings for the same project will occur within 20 days of one another, a single notice for both hearings is permitted.

B.

Mailed Notice. The Director shall provide notice by First Class mail delivery to:

1.

The applicant and the property owner; and

2.

All property owners of record within a minimum 1,000-foot radius of the subject property as shown on the latest available assessment role; and

3.

Any person or group who has filed a written request with the Director for notice regarding the specific application.

4.

Additional Notices. The Director, at their discretion, may increase the public notice distance requirements if, in their opinion, the project has the potential to impact properties outside of the standard mailing radius.

5.

Conditions of Zoning. For modifications to Conditions of Zoning that were placed on a property that was also subject to a Plan Amendment, the rezone public notice distance shall be increased to a minimum 500-foot radius of the subject property while a public notice shall also be posted on the site per Subsection C below.

C.

Posting of the Site. For other instances where the posting of a site may be required by this Code, the applicant shall post a public notice on the subject property per the following:

1.

The public notice shall be posted at least 10 days prior to the public hearing or action;

2.

At least one notice per street frontage shall be posted;

3.

There shall be at least one notice per 500 feet of street frontage;

4.

The City shall prepare the notice;

5.

The notice shall contain the information per Subsection E below;

6.

The notice shall be a minimum of 11 × 17 inches; and

7.

Should the site be developed, a notice shall be posted in a conspicuous location proximate to the entrance(s) of the subject property. This notice shall be in addition to the notices that are required to be posted along the street frontage(s).

D.

Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice, the Director may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least 10 days prior to the hearing.

E.

Contents of Notice. The notice shall include the following information:

1.

The location of the real property, if any, that is the subject of the application;

2.

A general description of the proposed project or action;

3.

The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4.

The identity of the hearing body or officer;

5.

The names of the applicant and the owner of the property that is the subject of the application;

6.

The location and times at which the complete application and project file, including any environmental assessment or determination of exemption from CEQA prepared in connection with the application, may be viewed by the public;

7.

A statement that any interested person or authorized agent may appear and be heard and that failure to object to the approval and state said reasons prior to or at the hearing on the decision shall potentially bar any later court challenge to the project approval;

8.

A statement describing how to submit written comments;

9.

A statement describing how to obtain additional information; and

10.

For Council hearings, the Commission's recommendation, if available at the time of the notice.

F.

Posting to City Website. When public noticing is required, the notice shall be posted to a designated, central location on the City's website at least 10 days before the public hearing. However a failure to post to the website due to technical difficulties shall not constitute grounds to postpone the hearing or invalidate the decision made at the hearing.

G.

Failure to Notify Does Not Affect Validity. The validity of the proceedings shall not be affected by typographical errors in the notice or the failure of any property owner, resident, neighborhood, or interested party to receive a notice.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, §§ 36, 37, eff. 10-21-16).