(A) If a written request therefore is presented to the Public Works Department at least 15 days prior to the date on which the Public Works Department will determine whether to grant or deny an application, the Public Works Director or designee shall conduct an informal public hearing at which evidence and testimony shall be admitted and findings required by § 10.22.040(B) shall be made. Formal rules of evidence shall not apply to the hearing. At least ten days prior to the hearing on the establishment of a Permit Zone, the Public Works Department shall cause notice to be provided by either:
(1) Mailing by first class United States mail a notice of the hearing to each adjacent dwelling unit and business location and each property within 500 feet of the proposed or current Permit Zone as identified by the County Assessor’s roll or otherwise known to the Public Works Department; or
(2) Posting a notice of the hearing in a conspicuous place at least once every 200 linear feet on each street proposed to be included within the proposed or current Permit Zone and publishing a notice of the hearing in a newspaper of general circulation for three consecutive days. Failure of any person, including any resident or merchant, to actually receive such notice shall not invalidate any action taken pursuant to this chapter. In establishing Permit Zones, the Public Works Department shall establish Permit Zone boundaries so as to not to unreasonably shift the unavailability of parking to adjacent streets or neighborhoods. No Permit Zone, including a stopping or standing restriction or prohibition, shall be established without the prior concurrence of the Police Chief or designee.
(B) No Permit Zone shall be formed unless both of the following exist:
(1) At least two-thirds of adjacent dwelling units or business locations, or a combination thereof, as calculated by § 10.22.030(B) in the area proposed for designation as a Permit Zone have signed a written petition requesting such designation; and
(2) Either:
(a) At least 80% of the on-street parking spaces on the streets proposed to be included are occupied during the time requested in the application for restriction or any other given time by vehicles;
(b) The Police Chief or designee has determined that the parking, stopping or standing of vehicles or any activities accompanying the same cause a public nuisance to the residents or merchants within the proposed Permit Zone.
(Ord. 2548 § 1, 2001.)