HomeMy WebLinkAboutPC RES 3830 6
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RESOLUTION NO. 3830
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE CODE AMENDMENT 02-004 TO AMEND SUBSECTION b OF
SECTION 9296 OF THE TUSTIN CITY CODE RELATING TO
NOTIFICATION PROCEDURES FOR PUBLIC HEARINGS
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines:
That an amendment to Tustin City Code Section 9296(b), related to
notification procedures for public hearings, has been prepared to establish
an administrative procedure requiring that a notice of public hearing be
mailed or delivered at least ten (10) days prior to the hearing to all owners
of real property within 500 feet of the real property that is the subject of the
hearing.
That a public hearing was duly noticed, called, and held on this project by
the Planning Commission on April 22, 2002.
That the California Government Code requires certain noticing procedures
for public hearings, but allows a local agency to also give notice of a public
hearing in any other manner it deems necessary or desirable.
That an increase in the notification distance of 300 feet required by the
California Government Code to 500 feet will serve to ensure that all
potentially affected property owners are notified and is reasonably
necessary to protect the health, safety, and welfare of the citizens of the
City of Tustin.
That a notification distance of 500 feet is consistent with the regulations
promulgated by the Fair Political Practices Commission which state that a
decision affecting real property is presumed to have a material effect on an
official's property within a distance of 500 feet.
That the proposed amendment is not a "project" pursuant to the provisions
of the California Environmental Quality Act (CEQA).
That the proposed amendments are consistent with the Tustin General Plan
in that they comply with Goal 4 to assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
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Resolution No. 3830
Page 2
II.
The Planning Commission hereby recommends that the City Council approve
Code Amendment 02-004 by amending Subsection b of Section 9296 of the Tustin
City Code as follows:
"b Notice of Hearing
Notices of public hearings on applications for variances, conditional use permits,
revocations or modifications of variances or conditional use permits, appeals, and
amendments to this Chapter changing the boundaries of any district shall be given
by the body conducting such hearings in the manner prescribed by Sections
65090, 65091, 65854, and 65905 of the Government Code of the State of
California; provided, however, that a notice of public hearing shall be mailed or
delivered at least ten (10) days prior to the hearing to all owners of real property
within 500 feet of the real property that is the subject of the hearing."
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting held on the 22nd day of April, 2002.
E"[IZABETH A. B'[NSACK
Planning Commission Secretary
DOUGLASS S. DAVERT
Chairperson
STATE OF CALIFORNIA )
COUNTYOF ORANGE ) SS
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3830 was duly passed and adopted at the regular meeting of the Tustin
Planning Commission, held on the 22nd day of April, 2002.
E'-LIZABETH A. BINSACK
Planning Commission Secretary