Chapter 4. Notice of California Government Code >> Division 3. >> Title 5. >> Part 1. >> Chapter 4.
Unless the provision or context otherwise requires, whenever
this division requires notice to be published, posted, or mailed,
the notice shall be published, posted, or mailed as provided in this
chapter. Unless the provision or context otherwise requires, whenever
this division requires notice to be given that notice shall also be
given in electronic format on a website provided by the commission,
to the extent that the commission maintains a website.
Notice authorized or required to be given by publication,
posting, or mailing shall be given by the clerk or executive officer
and shall contain all matters required by any particular provision of
this division. If any ordinance, resolution, or order of any
legislative body or the commission gives notice and contains all
matters required to be contained in any notice, the clerk or
executive officer may cause a copy of that ordinance, resolution, or
order to be published, posted, or mailed, in which case no other
notice need be given by the clerk or executive officer.
Whenever any notice is required to be given and the duty of
giving that notice is not specifically enjoined upon some officer,
agency, or person, the clerk or executive officer, as the case may
be, shall give notice or cause that notice to be given.
Notice required to be published shall be published pursuant
to Section 6061 in one or more newspapers of general circulation
within each affected county, affected city, or affected district. If
any newspaper is a newspaper of general circulation in two or more
affected cities or affected districts, publication in that newspaper
shall be sufficient publication for all those affected cities or
affected districts. If there are two or more affected counties,
publication shall be made in at least one newspaper of general
circulation in each of the affected counties.
If the published notice is a notice of a hearing,
publication of the notice shall be commenced at least 21 days prior
to the date specified in the notice for the hearing.
Except as otherwise provided in this division, mailed notice
shall be sent first class and deposited, postage prepaid, in the
United States mails and shall be deemed to have been given when so
deposited.
If the mailed notice is notice of a hearing, the notice
shall be mailed at least 21 days prior to the date specified in the
notice for hearing.
When mailed notice is required to be given to:
(a) A county, city, or district, it shall be addressed to the
clerk of the county, city, or district.
(b) A commission, it shall be addressed to the executive officer.
(c) Proponents, it shall be addressed to the persons so designated
in the petition at the address specified in the petition.
(d) Landowners, it shall be addressed to each person to whom land
is assessed, as shown upon the most recent assessment roll being
prepared by the county at the time the proponent adopts a resolution
of application pursuant to Section 56654 or files a notice of
intention to circulate a petition with the executive officer pursuant
to subdivision (a) of Section 56700.4, at the address shown upon the
assessment roll and to all landowners within 300 feet of the
exterior boundary of the property that is the subject of the hearing
at least 21 days prior to the hearing. This requirement may be waived
if proof satisfactory to the commission is presented that shows that
individual notices to landowners have already been provided by the
initiating agency. Notice also shall be either posted or published in
accordance with Section 56153 in a newspaper of general circulation
that is circulated within the affected territory 21 days prior to the
hearing.
(e) Persons requesting special notice, it shall be addressed to
each person who has filed a written request for special notice with
the executive officer or clerk at the mailing address specified in
the request.
(f) To all registered voters within the affected territory, to the
address as shown on the most recent index of affidavits prepared by
the county elections official at the time the proponent adopts a
resolution of application pursuant to Section 56654 or files a notice
of intention to circulate a petition with the executive officer
pursuant to subdivision (a) of Section 56700.4 and to all registered
voters within 300 feet of the exterior boundary of the property that
is the subject of the hearing at least 21 days prior to the hearing.
This requirement may be waived if proof satisfactory to the
commission is presented that shows that individual notices to
registered voters have already been provided by the initiating
agency. Notice shall also either be posted or published in accordance
with Section 56153 in a newspaper of general circulation that is
circulated within the affected territory 21 days prior to the
hearing.
(g) Pursuant to subdivisions (d) and (f), if a landowner or
landowners and registered voter or voters are the same individual or
individuals, only one notice is required to be mailed.
(h) If the total number of notices required to be mailed in
accordance with subdivisions (d) and (f) exceeds 1,000, then notice
may instead be provided by publishing a display advertisement of at
least one-eighth page in a newspaper, as specified in Section 56153,
at least 21 days prior to the hearing.
Notice required to be posted shall be posted on or near the
doors of the meeting room of the legislative body or commission or
upon any official bulletin board used for the purpose of posting
public notices by, or pertaining to, the legislative body or
commission.
Posted notice shall remain posted for not less than five
days. If the posted notice is notice of a hearing, posting shall be
commenced at least 21 days prior to the date specified in the notice
for hearing and shall continue to the time of the hearing.
The failure of any person or entity to receive notice given
pursuant to this division shall not constitute grounds for any court
to invalidate any action taken for which the notice was given.