(A) General. When the Zoning Code or a Major Subdivision requires a noticed public hearing, the Department must provide notice of the hearing in conformance with Cal. Gov’t Code §§ 65090 et seq. and as described in this section.
(B) Content of notice. Notice of public hearing must include all of the following information, as applicable:
(1) Hearing information. The date, time and place of the hearing; the name of the hearing body; and the phone number, email address and Department location where an interested person can obtain additional information;
(2) Project information. The applicant’s name, the application file number, a general description of the project, the location of the subject property;
(3) Statement on environmental document. The required level of environmental review for the proposed project (e.g., exemption, negative declaration); a statement that the hearing body will consider approval of the project CEQA determination or document, if applicable; and
(4) Statement limiting issues on appeal or in court actions. The following statement: “If you challenge any decision made by a review authority through administrative appeal or 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 review authority at, or prior to, the public hearing.”
(C) Method of notice distribution. Notice of a public hearing must be given not more than 30 and not less than ten days before the hearing date using the methods required by Cal. Gov’t Code § 65091 and as follows:
(1) Mailing.
(a) Notice is complete upon mailing and must be mailed or delivered at least ten days before the scheduled hearing to the following recipients:
1. The owners of the subject property or the owner’s authorized agent, and the applicant;
2. The owners of the real property located within a radius of 300 feet from the exterior boundaries of the subject property. The Department may mail or deliver notices to properties within a larger radius of the subject property if deemed necessary by the Director;
3. Each local agency expected to provide roads, schools, sewerage, streets, water, power or other essential facilities or services to the subject property, whose ability to provide those facilities and services may be significantly affected; and
4. Any person who has filed a written request for notice of the hearing with the Department or City Clerk.
(b) If the number of property owners to whom notice would be mailed in compliance this division (C)(1) is more than 1,000, the Department may provide notice by placing a display advertisement of at least one-eighth page in a local newspaper of general circulation at least ten days prior to the hearing.
(2) Posting. Notice must be posted on the project site and two other public places at least ten days before the hearing, one of which will always be City Hall.
(3) Publication.
(a) Notice of a public hearing for a General Plan, Zoning Code amendment, subdivision and other projects required to do so by state law must be published in a local newspaper of general circulation at least ten days before the hearing.
(b) For any other project requiring a public hearing, the Director may determine that enhanced public notice is necessary and/or desirable and require notice publication in a newspaper of general circulation at least ten days before the hearing.
(4) Drive-thru facilities. For projects involving a new or modified drive-thru facility, the Department shall provide notice to local organizations identified by the Department as serving Eureka’s blind, aged and/or disabled community.
(5) Additional notice. In addition to the types of notice required above, the Department may require or provide additional notice as determined necessary or desirable by the Department.
(D) Failure to receive notice. The validity of the hearing is not affected by the failure of any resident, property owner or community member to receive a mailed or other notice.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)