In general, public hearing notice requirements for land use projects
are found under §65090 and §65091.
Projects requiring public hearings under the Planning and Zoning Law must have notice published in at least one newspaper of general circulation within the jurisdiction of the local agency at least 10 days prior to the hearing. Notice must be published one time pursuant to §6061. If there is no newspaper of general circulation, the notice must be posted in at least three public places within the jurisdictional boundaries of the agency at least 10 days prior to the hearing (§65090).
Content: The public hearing notice must include, at a minimum, the date, time, and place of the hearing, the identity of the hearing body, an explanation of the matter to be considered, and a general description, in the form of text or a diagram, of the location of the property that is the subject of the hearing (§65094).
In addition, when a project is required to be noticed pursuant to §65091, it must be provided in each of the following ways:
Alternatively, if the mailed notice would be to more than 1,000 property owners, the agency may provide notice through a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the agency's jurisdictional boundaries, at least 10 days prior to the hearing (§65091(a)(3)(1)).
Where public notice is required to be given pursuant to §6062(a), it shall be for 10 days in a newspaper regularly published once a week or more. Two publications, within at least five days intervening between each publication date, not including the actual date of publication, is sufficient. The period of notice begins upon the first day of publication and ends on the tenth day.
In addition to these requirements, notice may be given by an agency through
any other method it finds to be necessary or appropriate.
Projects requiring approval by a legislative decision-making body are normally subject to public notice and at least one public hearing. The public hearing notice requirements are established by statute.
General and Specific Plans:
The adoption or amendment of a general plan or specific plan is a legislative act subject to public review, notice, and hearings pursuant to (§65353-65356 general plan and §65453 specific plan). The following provisions apply to counties and general law cities. Charter cities may adopt similar requirements.
As plans for the physical development of a community, the planning agency must provide opportunities for review and involvement by citizens, public agencies, public utility companies and other community groups through public hearings and other means pursuant to §65351. Prior to consideration of the plan for adoption, it must be referred to the entities listed under §65352 including, but not limited to cities, counties, and special districts which may be affected by the plan, schools within the planning area, federal agencies, public water system agencies, and others. Each reviewing body has 45 days to comment from the date the referring agency mails or delivers the plan, unless the planning agency specifies a longer period.
Upon completion, the plan is forwarded to the planning commission which must hold at least one public hearing pursuant to §65353 prior to forwarding a recommendation to the legislative body. Public notice of the hearing must be made pursuant to §65090. If the adoption or amendment would change the permitted uses or intensity of uses of property, public notice of the hearing must also be given pursuant to §65091(a)(1)(2). Under §65091(a)(3), notice may be given by publication in a newspaper of general circulation if it would be to more than 1,000 persons (§65353(c)).
In addition, the commission must provide advance notice to anyone who requests it in writing pursuant to §65092 or §65945. The commission may provide additional notice in any other manner it deems necessary or desirable.
Anyone may appeal the commission's decision to the legislative body. The procedures for appeal are set forth under §65354.5 which requires a hearing by the legislative body when a written request is filed with the clerk within 5 days of the commission's hearing. The appeal may be unnecessary if the legislative body intends to hold a public hearing on the matter anyway.
Once the recommendation of the planning commission or other advisory body has been forwarded, the legislative decision-making body must provide public notice pursuant to §65090 and hold at least one public hearing prior to adopting or amending a general or specific plan (§65355).
The legislative body must also notify anyone who makes a written request for notice pursuant to §65092 or §65945. When any part of a cemetery is designated for other than cemetery uses, the notice, as with the planning commission's, may also be subject to the requirements under §65096.
Once the hearing(s) have been completed, the legislative body will take action to approve, conditionally approve, or deny the plan. If the plan is to be approved with a substantial modification not previously considered by the commission, the plan must be referred back to the commission for their reconsideration and recommendation (§65356). The commission has 45 days in which to respond.
Separately, public involvement in the preparation, adoption, and amendment of general and specific plans should be encouraged through the provision of opportunities for the involvement of citizens, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the agency deems appropriate pursuant to §65351.
Zoning and Rezoning:
The adoption or change of zoning ordinances is subject to specific public
notice and hearing requirements. Specific minimum procedural standards have
been adopted by the Legislature to ensure the uniformity of and access to
zoning and planning hearings. The minimum standards provided in §65804
must be incorporated into the procedures of all city and county zoning hearings
and include the following: (1) All zoning agencies must develop, publish
and make available rules for the conduct of hearings so that all interested
individuals have advance knowledge of how hearings will proceed. The rules
must incorporate §65853 to §65858. (2) Cities and counties must
take and keep records of all hearings of which a copy must be made available
at cost. (3) When written, staff reports must be made available to the public
prior to or at the beginning of a hearing and shall be a matter of public
record. (4) When any hearing is held on an application for a change of zoning
for parcels of at least 10 acres, a staff report with recommendation and
the basis for such recommendation must be included in the record of the
hearing.
Section 65804 applies to all general law cities, counties and charter cities:
The Legislature finds and declares that the property owners have the right to public notice regarding proposals that affect the permitted use of property...The Legislature further finds and declares that the right to notice regarding the permitted uses of property is an issue of statewide concern, affecting all property owners, and not a municipal affair...
The planning commission must provide public notice pursuant to §65090 and §65091 and hold at least one public hearing prior to rendering a decision and forwarding a written recommendation to the legislative body. Once the hearing is complete and a decision has been rendered, the planning commission's decision must be forwarded in the form of a written recommendation which includes the reasons for the recommendation, and its consistency with the general plan or specific plan(s) (§65855).
Once the legislative body has received the planning commission's recommendation, it must give public notice pursuant to §65090 and hold at least one public hearing. Action may be taken at the public hearing to approve, modify, or disapprove the ordinance consistent with planning commission's recommendation. If the legislative body amends the recommendation, the amendments must be referred back to the planning commission for report and recommendation prior to final approval. However, this referral does not require a public hearing (§65857). In instances where the planning commission fails to report back within 40 days, or for such a period as prescribed by the legislative body, the inaction may be deemed as its concurrence in the proposed amendment.
If the planning commission's further recommendation is either to not approve the ordinance or to not approve a change to the ordinance inconsistent with the commission's original recommendation, the legislative body is not required, unless by local ordinance, to take further action. However, if the applicant has filed an appeal with the clerk within 5 days of the planning commission's filing of its recommendation pursuant to §65354.5, a hearing shall be noticed pursuant to §65090 and given by the legislative body (§65856).
Interim Ordinances:
Local agencies who are in the process of preparing, studying, or adopting a general plan, specific plan, or zoning ordinance or amendments thereof which will be acted upon within a reasonable period of time, may, in order to protect the public health, safety or general welfare, adopt an interim ordinance as an urgency measure. Adoption of an interim ordinance requires a four-fifths affirmative vote of the legislative body. This is done to avoid conflicts between land use proposals and contemplated changes to plans and/or ordinances and may be done without following standard public notice requirements. Two options are available for adoption:
Under either alternative, the statutory provisions for interim ordinances limit their use to two years, including all extensions. Section 65858 allows for the adoption of a new interim ordinance upon the expiration of a prior ordinance when the new interim ordinance covers differing subject matter. In all cases, the adoption or extension requires findings to be made that there is a current and immediate threat to public health, safety, or welfare and that the approval of subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat. The findings must be enumerated in the adopted ordinance.
The legislative body is required to issue a written report 10 days prior to the expiration or extension of an interim ordinance, describing measures which will avoid the potential inconsistency which necessitated its adoption.
Development Agreements:
A development agreement between a local government and a developer limits the applicability of newly enacted ordinances to ongoing development projects. Development agreements are legislative acts which must be adopted by ordinance, be consistent with the general plan and any specific plan, and may be repealed or changed by initiative and referendum (§65867.5).
The adoption of a development agreement by a local government requires public notice pursuant to both §65090 and §65091. A hearing must be held before the planning commission prior to forwarding a recommendation to the legislative body. Notice of the intention to consider the adoption of a development agreement must also be given prior to a hearing before the legislative body pursuant to §65090 and §65091, in addition to any other notice required for other actions being considered concurrently with the development agreement (§65867)
Should it be necessary and agreed to by mutual consent to amend or cancel
the development agreement, public notice is required in the same manner
as it is for adoption (§65868).
Adjudicatory projects, including a tentative or parcel map for which a tentative map is not required, use permits, variances, and other leases, permits, and discretionary projects are subject to the specific requirements for public notice, circulation, review and hearings set out by §65090 and §65091.
Tentative Maps and Parcel Maps:
Notice of Public hearings for a subdivision map must be provided consistent with §65090 and §65091 (§66451.3). If a subdivision converts property into a condominium project, community apartment project or stock cooperative project, the notice must also be provided by mail to each tenant of the project, include notification of the right to appear and be heard, and conversion findings (§66427.1). This requirement may be satisfied by serving the notice in compliance with the legal requirements for service by mail.
Tentative and parcel maps are subject to the time periods established pursuant to the Permit Streamlining Act. The time periods commence after certification of the EIR, adoption of a negative declaration, or determination that the project is exempt from CEQA.
Other entitlements:
Applications for variances from the requirements of a zoning ordinance, use permits, and other equivalent development permits including proposed revocations, modifications, and appeal from the action taken on any applications must be subject to a public hearing pursuant to §65905, except as provided for by §65901(b). Notice of hearings must be given pursuant to §65091. The requirements of due process apply to all administrative proceedings conducted by a board of zoning adjustment or zoning administrator when authorized by ordinance to make decisions on applications for specified types of variances.
Next: Other Types of Actions
Return to Table of Contents