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