Chapter 9.85 — PUBLIC NOTICES AND HEARINGS

This chapter provides procedures for public hearings required by this development code and state law. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this chapter. (Ord. 251, 11-18-2014)

When this development code requires a public hearing, the public shall be provided notice of the hearing in compliance with Government Code sections 65090 through 65094, and Public Resources Code 21000 et seq., and as required by this chapter.

• A. Content Of Notice: Notice of a public hearing shall include all of the following information, as applicable:

1. Hearing Information: The date, time, and place of the hearing and the name of the review authority; a brief description of the public's right to appear and be heard, and where an interested person may obtain additional information.

2. Project Information: The name of the applicant, the town's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.

3. Statement On Environmental Document: If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the California environmental quality act (CEQA), the hearing notice shall include a statement that the review authority will also consider approval of the proposed negative declaration or certification of the final environmental impact report.

• B. Notification Procedures:

1. Published Notice: For general plan amendments and amendments to this development code not affecting the permitted uses or intensity of uses of real property, notice of public hearing shall be provided in at least one newspaper of general circulation within the town at least ten (10) days prior to the hearing. If there is no such newspaper of general circulation, the notice shall be posted at least ten (10) days prior to the hearing in at least three (3) public places within the town. If said amendment(s) affects permitted uses or intensity of uses of real property, the potentially affected property owners shall be provided notice as required by subsection B2d of this section.

2. Mailed Notice: For all other public hearings required by this code, notice shall be given in all of the following ways:

a. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notices shall also be mailed to the owner's authorized agent, if any, and to the project applicant.

b. When the subdivision map act (division 2 [commencing with section 66410]) requires notice of a public hearing to be given, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to section 883.230 of the Civil Code.

c. Notice of the hearing shall be mailed or delivered at least ten (10) 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.

d. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll as follows:

• (1) If the subject property is less than five (5) acres, notice shall be mailed to all property owners within three hundred feet (300') of the real property that is the subject of the hearing.

• (2) If the subject property is five (5) acres or more but less than twenty (20) acres, notice shall be mailed to all property owners within five hundred feet (500') of the real property that is subject to the hearing.

• (3) If the subject property is twenty (20) acres or more, notice shall be mailed to all property owners within one thousand feet (1,000') of the real property that is the subject of the hearing.

e. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection B1 of this section is greater than one thousand (1,000), a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth ([1] /8) page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least ten (10) days prior to the hearing.

f. If the notice is mailed or delivered pursuant to subsection B2d of this section, the notice shall also either be:

• (1) Published in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least ten (10) days prior to the hearing.

• (2) Posted at least ten (10) days prior to the hearing in at least three (3) public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding.

3. Request For Notification:

a. When a provision of this title requires notice of a public hearing to be given pursuant to Government Code section 65090 or 65091, the notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for a notice with either the clerk of the governing body or with any other person designated by the governing body to receive these requests. The town may charge a fee which is reasonably related to the costs of providing this service.

• b. Any request for notification shall be renewed annually.

• c. As used in this chapter, "person" includes a California Native American tribe that is on the contact list maintained by the Native American heritage commission.

4. Other Manner Of Notice: In addition to the notice required by this section, the town may give notice of the hearing in any other manner it deems necessary or desirable. (Ord. 251, 11-18-2014)

A. Time And Place Of Hearing: A hearing shall be held at the date, time, and place for which notice was given. B. Continued Hearing: Any hearing may be continued from time to time without further notice; provided, the chairperson of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

C. Deferral Of Final Decision: The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared. (Ord. 251, 11-18-2014)

After a public hearing on a proposed legislative act (e.g., amendment to the general plan, this development code, a development agreement, a specific plan, a planned development, or an action referred to the council by the commission) the recommendation and findings of the commission shall be forwarded to the council. A copy of the recommendation shall be mailed to the applicant at the address shown on the application. (Ord. 251, 11-18-2014)