Public hearings for General Plan changes

The Planning Commission shall hold at least one public hearing on any proposed amendment.Except for amendments relating to government or public utility developments and amendments initiated by the Council or Planning Commission, proposed amendments shall be considered for public hearings twice a year.The Planning Commission shall conduct public hearings on proposed General Plan amendments only during the months of January and July. At any public hearing, any number of petitions may be heard provided that each petition is heard separately. In the event the proposed amendments cannot all be heard in those months, the Planning Commission shall continue the hearing period to the following month or months.Petitions and resolutions accepted by the Planning Commission not later than 60 days prior to the review months of January and July shall be considered by the Planning Commission and Council for review and action.At least 15 days prior to the public hearing, the Planning Commission shall give notice thereof to the petitioner and also by publishing at least once in a newspaper of general circulation published in the County the time, date and place of such hearing, its purpose and a description of any property which may be involved.In the case of a petition for amendment of the General Plan Land Use Map, the petitioner, at least 12 days prior to the scheduled date of such hearing, shall either hand deliver written notice to persons listed on the current notice of property assessment card file located at the Real Property Division of the Department of Finance of the County of Kaua'i, or mail, by certified mail, written notice to the addresses shown on such notice of property assessment cards, for at least 85% of all parcels of real property within 300 feet from the nearest point of the premises involved in the application to the nearest point of the affected property. For the purposes of this Subsection, notice to one co-owner shall be sufficient notice to all other co-owners of the same parcel of real property. For each condominium project within the affected area, one notice of the hearing shall be sent addressed "To the Residents, Care of the Manager," followed by the name and address of the condominium involved. The notice shall include the following information and shall be in a form approved by the Planning Director:Date;Time;Location;Purpose;Description or sketch of property involved; andExplanation of the amendment process with emphasis on forthcoming Council action.At least seven days prior to the hearing date, the petitioner shall file with the Planning Commission an affidavit as to the mailing or delivery of such notice and a list of persons to whom such notices were sent.Should the petitioner fail to submit the affidavit within the time required, the public hearing shall be postponed, and the Planning Commission shall reschedule another hearing within 60 days of the postponed hearing. The petitioner shall be required to pay for the republication costs and shall follow the notice requirements of this Subsection in the renotification of all persons previously notified.Where specific General Plan amendments are initiated by the Planning Commission or the Council, the public hearing notice requirements of Subsection (c) of this Section shall apply, except that, in the consideration of General Plan Updates, the requirements of Subsection (b) of this Section shall apply.The Planning Department shall mail a copy of the resolution or petition initiating the change together with other relevant information and a request for comments, to community associations and other civic organizations that have filed written requests with the Planning Department.