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A. Generally. When these zoning regulations require a public hearing before a decision on a permit or other discretionary entitlement, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094, 65096, and 66451.3; Public Resources Code Section 21000 et seq.; and as required by this chapter.

B. Content of Notice. Notice of a public hearing shall include all of the following information, as applicable:

1. Hearing Information. The date, time, and place of the hearing and the name of the review authority; a brief description of the city’s general procedure concerning the conduct of hearings and decisions (e.g., the public’s right to appear and be heard); and the phone number, street address, and email or website address of the city community development department where an interested person could call or visit to obtain additional information.

2. Project Information. The date of filing and the name of the applicant; the city’s file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the property that is the subject of the hearing.

3. Statement on Environmental Document. If a proposed negative declaration, mitigated negative declaration, final environmental impact report, or statement of exemption from the requirements of the California Environmental Quality Act (CEQA) has been prepared for the project in compliance with CEQA, the hearing notice shall include a statement that the review authority will also consider approval (or recommendation of adoption/approval for an application requiring council action) of the proposed negative declaration, mitigated negative declaration, certification of the final environmental impact report, or statement of exemption.

4. Statement Regarding Challenges of City Actions. A notice substantially stating all of the following: “If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or before, the public hearing” in compliance with Government Code Section 65009(b)(2).

5. Statement Regarding Commission’s Recommendations. For council items that involve a recommendation from the planning commission, the notice shall contain the planning commission’s recommendations.

C. Method of Notice Distribution. Notice of a public hearing required by this chapter, and any other type of notice specified in Article 6 (Permit Procedures), shall be given as follows, as required by Government Code Sections 65090 and 65091:

1. Mailing. Notice shall be mailed or delivered not less than five days before the scheduled hearing to the following:

a. Project Site Owners, Agent(s), and Applicant. The owners of the property being considered in the application, the owners’ agent(s), and the applicant, in addition to the owner(s) of any mineral rights for maps in compliance with Government Code Section 65091(a)(2);

b. Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected;

c. Affected Owners. All owners of real property as shown on the latest assessment rolls of the city or of the county, located within a radius of three hundred feet, or a different radius as specified in the actual permit requirements of Article 6 (Permit Procedures), of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property might, in the judgment of the director, be affected by the proposed project;

d. Affected Occupants. All occupants/tenants of owners at addresses located within a radius of three hundred feet, or a different radius as specified in the actual permit requirements of Article 6 (Permit Procedures), of the exterior boundaries of the parcel that is the subject of the hearing; and

e. Persons Requesting Notice. Any person who has filed a written request for notice with the director or city clerk.

2. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (C)(1) of this section is more than one thousand, the director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(4).

3. Additional Notice. In addition to the types of notice required above, the director may require any additional notice with content or using a distribution method (e.g., posting on the city’s website) as the director determines is necessary or desirable, including posting a notice on the property. (Ord. 1650 § 3 (Exh. B), 2018)