SECTIONS 65090-65096 - California Statutes

GOVERNMENT CODE

SECTION 65090-65096

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) The notice shall include the information specified in Section
65094.
(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) 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.

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) 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) When the Subdivision Map Act (Div. 2 (commencing with Section
66410)) 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) 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) 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) If the notice is mailed or delivered pursuant to paragraph
(3), the notice shall also either be:
(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) 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) The notice shall include the information specified in Section
65094.
(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) 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.

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) 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.

65093. 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.

65094. 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.

65095. Any public hearing conducted under this title may be
continued from time to time.

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) Those requesting notice shall be notified by the local agency
at the address provided at the time of the request.
(c) Notwithstanding Section 65092, a local agency shall not
require a request made pursuant to this section to be annually
renewed.
(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.