Chapter 18.320

NOTICE OF PUBLIC HEARING

Sections:

18.320.010 Purpose. 18.320.020 Method of notifcation. 18.320.030 Failure to receive notice not to afect validity of action. 18.320.040 Continuances allowed.

18.320.050 Notice for drive-through facilities.

18.320.060 Notice for conversion of a cemetery.

It is the purpose of the city to comply with the requirements of the planning and zoning law of this state with respect to providing adequate notice to persons who may be significantly affected by proposed land use changes, and an opportunity to be heard with respect to such changes. (Ord. 9-2014 § 43, 3-4-14.)

(a) When a provision of this title requires notice of a public hearing to be given pursuant to this chapter, notice shall be given in all of the following ways:

(1) Mailing. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all of the following:

(A) Owner and Applicant. The owner of any real property that is the subject of the application, the owner’s duly authorized agent, if any, and the project applicant.

(B) Local Agencies. Each local agency expected to provide water, sewage, highways, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

(C) Nearby Property Owners. 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 utilizing the assessment roll, records of the county assessor that contain more recent information than the assessment roll may be utilized.

(D) Persons Requesting Notice. Any person who has filed a written request for notice with the secretary or clerk of the hearing body or officer. The city may charge a fee that is reasonably related to the costs of providing this service and the city may require each request to be annually renewed.

(2) Publication. Notice of a hearing on proposed general or specific plan amendments, zoning amendments, and adoption of development agreements shall be published once in at least one newspaper of general circulation within the territory of the city at least 10 days prior to the hearing.

(3) Publication or Posting. Notice of a hearing on all other matters shall either be:

(A) Published once in at least one newspaper of general circulation within the territory of the city, at least 10 days prior to the hearing; or

(B) Posted at least 10 days prior to the hearing in at least three public places within the territory of the city, including one public place in the area directly affected by the proceeding.

(4) Alternative to Mailing. If the number of recipients to whom notice would be mailed or delivered is greater than 1,000, then in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the territory of the city at least 10 days prior to the hearing.

(A) The notice shall include the information specified in Section 18.25.2060.

(B) The city may mail or deliver notice to owners of real property more than 300 feet from the real property that is the subject of the hearing in addition to giving notice as required by this section.

(C) The city may give notice of the hearing in any other manner it deems necessary or desirable in addition to the notice required by this section.

(D) The city may require project applicants to provide all materials needed to enable the city to give notice as set forth in this chapter. (Ord. 9-2014 § 43, 3-4-14.)

The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds to invalidate the actions for which the notice was given. (Ord. 9-2014 § 43, 3-4-14.)

Any public hearing conducted under this chapter may be continued from time to time to a date certain without the need for additional public notice. (Ord. 9-2014 § 43, 3-4-14.)

Whenever the city considers the adoption or amendment of policies or ordinances affecting drive-through facilities, or regarding a permit for a drivethrough facility or modification of an existing drive-through facility permit, the city shall notify the blind, aged and disabled communities in order to facilitate their participation in the hearing process. (Ord. 9-2014 § 43, 3-4-14.)

(a) Whenever a person applies for any entitlement for a use that would permit all or any part of a cemetery to be used for other than cemetery purposes, the city shall give notice pursuant to this chapter.

(b) Those requesting notice of a cemetery conversion shall be notified by the city at the address provided at the time of the request, but the city shall not require a request made pursuant to this section to be annually renewed.

(c) “Cemetery,” as used in this section, has the same meaning as that word is defined in Cal. Health & Safety Code § 8100. (Ord. 9-2014 § 43, 3-414.)

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The Fremont Municipal Code is current through Ordinance 13-2025, passed November 18, 2025.

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