17.06.080 Public Notices.
A. Public Hearing Required. The following procedures shall govern the notice and public hearing, where required, for consideration of a permit. In accordance with the Planning and Zoning Law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all quasi-judicial permits (e.g., variance, conditional use permit) and legislative actions of the town (e.g., zoning amendments and general plan amendments). The hearing(s) shall be held before the designated approval authority as identified in this title.
B. Notice of Hearing. Pursuant to California Government Code Section 65091, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing; identify the hearing body; provide a general explanation of the matter to be considered; and provide a general description of the real property (text or diagram), if any, which is the subject of the hearing.
1. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners and tenants of property within a radius of five hundred feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessor’s records. If the number of owners exceeds one thousand, the town may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the town.
2. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent.
3. Notice of the public hearing shall be provided to each local agency expected to provide water, sewage, streets, roads, schools, or other essential functions or services to the project whose ability to provide those facilities and services may be affected.
4. If the notice is mailed or delivered as identified in subsection (B)(1) of this section, the notice shall also be either:
a. Published in at least one newspaper of general circulation within the town; or
b. Posted at Town Hall on the official town bulletin boards and in at least two other public places within the boundaries of the town, including one place in the area directly affected by the proceeding.
C. Requests for Notification. Any person who requests to be on a mailing list for notice of hearings on a development project or projects shall submit such request in writing to the city clerk. The town may impose a reasonable fee for the purpose of recovering the cost of such notification.
D. Failure to Receive Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approval authority for which the notice was given. (Ord. 582 § 1 (Exh. A (part)), 2009)