HomeMy WebLinkAbout03 Public Notices Dist. 500'Report to the
ITEM #3
Planning Commission
DATE: APRIL 22, 2002
TO:
FROM:
SUBJECT:
PLANNING COMMISSION
COMMUNITY DEVELOPMENT DEPARTMENT
NOTIFICATION DISTANCE OF 500 FEET FOR PUBLIC HEARINGS
RECOMMENDATION
That the Planning Commission adopt Resolution No. 3830 recommending thai the City
Council approve Code Amendment 02-004.
BACKGROUND AND DISCUSSION
The California Government Code regulates the manner in which cities and counties
provide notices of public headngs to the public. Pursuant to California Government
Code Sections 65090 and 65091, when a provision of Title 7 of the Government Code
requires notice of a public hearing to be given pursuant to Section 65090 or 65091,
notice shall be given in one or more specified ways.
California Government Code Sections 65090 and 65091 apply to different types of
public hearings. Section 65090 describes the required noticing procedures for public
headngs for proposed zoning ordinances or amendments to zoning ordinances that do
not affect the permitted uses of real property. Government Code Section 65091
specifies the procedures when the permitted uses of real property are affected and also
applies to public hearings on applications for variances, conditional use permits,
revocations or modifications of variances or conditional use permits, and appeals. One
of the required notification procedures under Section 65091 is that notices of the
hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of
real property within 300 feet of the real property that is the subject of the hearing.
Currently, the City of Tustin follows the notification procedures required by the California
GoVernment Code. However, Government Code Sections 65090 and 65091 allow a
local agency to also give notice of a public hearing in any other manner it deems
necessary or desirable,
Planning Commission Report
Public Hearing Notification Procedure
Page 2
At a workshop on January 8, 2001, the Planning Commission discussed the relationship
of the notification distance with the regulations of the Fair Political Practices
Commission and recommended that the notification distance for public hearing notices
in Tustin be increased to 500 feet.
Code Amendment 02-004, as implemented by Ordinance No. 1253, would establish an
administrative procedure requiring that a notice of public headng 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 headng.
Two specific reasons for increasing the notification distance from 300 feet to 500 feet
are as follows:
The increased notification area 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.
The 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. Officials include Planning Commissioners and City Council
members.
Ordinance No. 1253 would not change the manner in which public headng notices are
posted or published in Tustin. At least ten (10) days prior to the hearing, staff posts at
least one letter-sized copy of the notice at City Hall and at least one 18" by 24" notice in
the area directly affected by the proceeding. Notices are also published in at least one
local newspaper of general circulation, which is usually the Tustin News or the Orange
County Register.
Scott Reekstin
Senior Planner
Elizabeth A. Binsack
Community Development Director
Attachmen'~: Planning Commission Resolution No. 3830
Pcreports/CA 02-004 500 ff notification.doc
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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:
Ac
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 pdor 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 headngs 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 distdct 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
Califomia; provided, however, that a notice of public hearing shall be mailed or
delivered at least ten (10) days pdor to the headng to aLI owners of real property
within 500 feet of the real properbj 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 Apdl, 2002.
ELIZABETH A. BINSACK
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 Apdl, 2002.
ELIZABETH A. BINSACK
Planning Commission Secretary