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HomeMy WebLinkAboutNB 2 NOTICING PROCED. 06-18-90AG��lDA6 � DATE: TO: FROM: SUBJECT: JUNE 18, 1990 WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING NOTICING PROCEDURE RECOMMENDATION Pleasure of the City Council BACKGROUND NEW BUSINESS NO. 2 6/18/90 Inter - Com At their regular meeting of May 29, 1990, the Tustin City Planning Commission requested that the City Council review the City's existing public hearing noticing procedures and consider additional notification measures. The present public hearing noticing procedures are identified in the attached memorandum, which was presented to the Commission on May 14, 1990. Our present procedure is consistent with State law and within all legal parameters of the noticing requirement and even goes beyond minimum provisions. The case planner must ensure that the notice is mailed to all property owners within 300 feet of the subject site, that notice is published in a newspaper of a general circulation, that notice of hearing is posted in three public places and the property is physically posted with a copy of the notice of hearing. DISCUSSION Planning Commission Chairman Le Jeune suggested that the noticing procedure go even further by notifying residential renters, commercial, and industrial tenants within a 300 foot radius of a project. This would be in addition to the regular notification of property owners and residents as shown on the last county assessment roll. State law does not require notification of renters or tenants. In some cases this would represent a possible doubling or tripling of the amount of public hearing notices that would need to be sent. In addition, addressing information in the City is not always up to date and applicants would not be able to verify a mailing list limited to residential or business occupants. Due to the general transitory nature of non -owner occupants there would also be difficulty in obtaining the names of all renters and tenants along with the process of keeping these names current. Therefore, there would be no means of verifying who received a notice. Public Hearing Noticing Procedure I June 18, 1990 Page 2 As an alternative to mailings, it was suggested that a public hearing notice could be placed on a community bulletin board if one existed within a residential rental complex. Not all such complexes however have such a location, and there would be no guarantees that the notice would not be defaced or removed immediately. The public notification procedure can be expanded beyond the legal requirements to include noticing to residential renters and commercial and industrial tenants, the Council however would need to provide additional resources to that effort. Christine Shinglet Rita Westfield Director of Commu ity Dev. Asst. Dir. Community Development RW: mas Attachment Community Development Department DATE: MAY 91 1990 NUMBER: 90-5 SUBJECT: PUBLIC HEARING NOTICING REQUIREMENTS APPROVED BY: ��Z6,�� Inter - Com I would like to take this opportunity to clarify the procedures for noticing public hearings. Section 9296(b) of the Tustin City Code requires that applications (i.e. CUPs, Variances, Zone Changes, Code Amendments, Appeals, etc) be noticed in accordance with State law. Government Code 65091 requires several components for noticing a public hearing which are as follows: 1. Notice shall be mailed at least 10 days prior to the hearing to the property owner (or owner's duly authorized agent) and the project applicant; and 2. Notice shall be mailed at least 10 days prior to the hearing to owners of real property within 300 feet of the subject property as shown on the last equalized assessor's roll; and 3. Notice shall be mailed at least 10 days prior to the hearing to local agencies expected to provide utility, school, or other services that may be significantly affected. (When a Negative Declaration is required pursuant to CEQA, the minimum noticing requirement shall be 21 days.) In addition to the mailing of notices, one of the two additional noticing requirements listed below are also required by state law: 1. Publish the notice in at least one newspaper of general circulation at least 10 days prior to the hearing; or 2. Post at least 10 days prior to the hearing in at least three public places, including the area directly affected by the hearing. (When a Negative Declaration is required pursuant to CEQA, the minimum noticing requirement shall be 21 days.) Government Code Section 65091 goes on to indicate that these are the minimum noticing requirements and that other means of noticing, Public Hearing Noticing Requirements May 9, 1990 Page 2 in addition to the above, may be given as necessary or desirable. It is the desire of the department to go beyond the minimum requirements to publish and post the notice of public hearings. The following procedure shall be established to ensure that this desire is achieved: 1. The case planner shall review all mailing lists and radius maps to ensure that all required parcels, the subject property owner and the applicant are included on the lists and radius maps. In addition, other responsible agencies (i.e. school district, MCAS -Tustin, utility companies) also need to be included on the mailing list where applicable. 2. The case planner shall prepare a public hearing notice identifying the proposal and the time, date and location of the hearing and submit for review within the established deadlines to the Senior Planner and Assistant Director. 3. The department clerk shall transmit all finaled public hearing notices to the Tustin News within the established deadlines to ensure that the minimum 10 day notice (21 days for Negative Declaration) is achieved. A copy of the notice shall then be placed and maintained in the project file. 4. The case planner shall forward a copy of the hearing notice and one set of mailing labels with a completed affidavit to the department clerk a minimum of 12 days prior to the meeting (23 days for a Negative Declaration) . 5. The case planner shall post the property with a copy of the hearing notice a minimum of 10 days prior to the hearing (21 days for a Negative Declaration). A signed affidavit of the posting shall be completed and included in the project file. 6. The department clerk shall ensure that all notices are mailed a minimum of 10 days prior to the hearing ( 21 days for a Negative Declaration). A signed affidavit of mailing shall be completed and attached to a copy of the mailing list, notice and mailing list affidavit (completed by case planner) and then returned to the case Community Development Department Public Hearing Noticing Requirements May 9, 1990 Page 3 planner for inclusion in the project file. 7. The department clerk shall post the public hearing notice on the bulletin boards at City Hall and the Police Department a minimum of 10 days prior to the hearing (21 days for a Negative Declaration). A signed affidavit of the posting shall be completed and included in the project file. 8. The case planner shall include and maintain in the project file any stamped envelopes from returned hearing notices. Please take immediate steps to ensure that this procedure is implemented immediately. Should you have any questions, please see me. Community Development Department