Section § 65090

Explanation

This law outlines how public hearing notices should be given by local agencies. Notices must be published in a widely circulated newspaper or posted in public places if no such newspaper exists, at least 10 days before the hearing. The notice must include specific information, and additional methods can be used if the local agency chooses. When policies about drive-through facilities are being considered, special notice procedures should include the blind, elderly, and disabled to ensure their involvement.

(a)CA Government Code § 65090(a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the jurisdiction of the local agency which is conducting the proceeding at least 10 days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least three public places within the jurisdiction of the local agency.
(b)CA Government Code § 65090(b) The notice shall include the information specified in Section 65094.
(c)CA Government Code § 65090(c) In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.
(d)CA Government Code § 65090(d) Whenever a local agency considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities.

Section § 65091

Explanation

This law outlines how public hearing notices should be given. If a hearing is required, notices must be sent at least 10 days before the hearing to the property owner, applicant, and more. Notices also go to local agencies supplying essential services that might be affected and, in cases involving significant numbers of property owners, may instead use a newspaper ad. For certain hearings, like drive-through permits, notices should consider accessibility for the blind, aged, and disabled.

(a)CA Government Code § 65091(a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:
(1)CA Government Code § 65091(a)(1) Notice of the hearing shall be mailed or delivered at least 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. Notice shall also be mailed to the owner’s duly authorized agent, if any, and to the project applicant.
(2)CA Government Code § 65091(a)(2) When the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7) requires notice of a public hearing to be given pursuant to this section, 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.
(3)CA Government Code § 65091(a)(3) Notice of the hearing shall be mailed or delivered at least 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.
(4)CA Government Code § 65091(a)(4) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. 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 paragraph or paragraph (1) is greater than 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 page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing.
(5)CA Government Code § 65091(a)(5) If the notice is mailed or delivered pursuant to paragraph (4), the notice shall also either be:
(A)CA Government Code § 65091(a)(5)(A) Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing.
(B)CA Government Code § 65091(a)(5)(B) Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding.
(b)CA Government Code § 65091(b) The notice shall include the information specified in Section 65094.
(c)CA Government Code § 65091(c) In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.
(d)CA Government Code § 65091(d) Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities.

Section § 65092

Explanation

This law states that if there's a requirement for notice of a public hearing, the notice must also be mailed or delivered at least 10 days in advance to anyone who has requested notification. People can ask for this service by writing to the clerk of the governing body or a designated person. A fee related to the service costs might be charged, and requests may need to be renewed yearly.

'Person' in this context includes California Native American tribes on a specific contact list.

(a)CA Government Code § 65092(a) When a provision of this title requires notice of a public hearing to be given pursuant to Section 65090 or 65091, the notice shall also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for notice with either the clerk of the governing body or with any other person designated by the governing body to receive these requests. The local agency may charge a fee which is reasonably related to the costs of providing this service and the local agency may require each request to be annually renewed.
(b)CA Government Code § 65092(b) 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.

Section § 65093

Explanation

This section means that if someone does not receive a notice that was sent out according to this law or a city’s procedures, it cannot be used as a reason to cancel or void the decisions or actions of the local agency involved.

The failure of any person or entity to receive notice given pursuant to this title, or pursuant to the procedures established by a chartered city, shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given.

Section § 65094

Explanation

This law section defines what must be included in a 'notice of a public hearing.' It specifies that the notice needs to state the date, time, and place of the hearing, identify who is conducting it, explain what the hearing is about, and, if applicable, describe where the relevant property is located using text or a diagram.

As used in this title, “notice of a public hearing” means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

Section § 65095

Explanation

This law allows public hearings to be postponed and rescheduled periodically as needed.

Any public hearing conducted under this title may be continued from time to time.

Section § 65096

Explanation

If someone wants to change how a cemetery area is used, for example, from cemetery purposes to something else, they must apply for a permit or amendment with the local city or county. The local government has to notify people about this application according to specific rules. Anyone who asked to be notified should be informed at the address they gave when they made the request. You don't have to renew your request for notification every year. The term 'cemetery' here refers to its definition in another part of the law.

(a)CA Government Code § 65096(a) Notwithstanding any other provision of law, whenever a person applies to a city, including a charter city, county, or city and county, for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, general or specific plan amendment, or any entitlement for use which would permit all or any part of a cemetery to be used for other than cemetery purposes, the city, county, or city and county shall give notice pursuant to Sections 65091, 65092, 65093, and 65094.
(b)CA Government Code § 65096(b) Those requesting notice shall be notified by the local agency at the address provided at the time of the request.
(c)CA Government Code § 65096(c) Notwithstanding Section 65092, a local agency shall not require a request made pursuant to this section to be annually renewed.
(d)CA Government Code § 65096(d) “Cemetery,” as used in this section, has the same meaning as that word is defined in Section 8100 of the Health and Safety Code.