Loading...
HomeMy WebLinkAboutOB 2 PUB HEARNG NOTICE 11-16-81 ~ OLD BUSINESS '" 11 ,~16 -R1 10, 1981 ~~/ In,er-Corn TO: FROM: S UBJ ECT: FKlgORABLE MAYC~ AND CITY COUNCIL PC~ICY REGARDING PUBLIC HEARING NGI~CE At its October 19, 1981 meeting, the City Council directed staff to amend the proposed public hearing policy and return it to the Council for its final review. The smendment pertains to the noticing of homeowner associations and other similar organizations which represent interests within the 500 foot radius. The amended policy is attached to this memorandum. The proposed policy also contained a provision that applicants for zoning permits or rezo~ing which require a public hearing will provide, at the applicants expense, a list of the property owners within 500 feet prepared by a title company. City staff has been uDahle to locate a title company which will provide a list of property owners within a 500 foot radius on an on-going basis. Title companies are programmed to develop lists which comply with the State law requirement of all property owners within 300 feet of a designated parcel. There are a few title companies willing to prepare a list of property owners within 500 feet but only as time permits. This could delay the setting of public hearings. Until this situation can be resolved, City staff will prepare the list of property owners between 300 feet and 500 feet of the designated parcel. The applicant will pay the City's direct cost in preparing the supplemental list. A title company will compile the list for the 300 foot radius. A progrsm can be added to the City's computer which would provide the capability to retrieve the name and address of the property owner for a given parcel number. Through this system, a list of parcel numbers within the 500 foot radius will be inputed, the output being a printed post card with the property owners name and address with a message concerning the public hearing. This program will be on-line by approximately March 1, 1982. The following steps shall be followed in the noticing of public hearings ~oncerning a zoning permit or rezoning of property. All property owners within 500 feet of the affected property will receive written notice of the public hearing a minimum of 10 days before the scheduled date of the hearing. Notices will also De conspicuously posted within the affected area. All homeowner associations or other local organizatior~ representing the interests of property owners within 500 feet of the affected property shall receive written notice. All notices of a public hearing will be sent by first class mail with the envelope or postcard marked as follows: The city will evaluate and utilize other means of providing public notices, such as conputer prograuming and cable television (announcement of public hearings on the public service channel) which are ~ost-effective. GENgA DATE: October 14, 1981 TO: FROH: $ UBJ ECT: NEW BUSINESS NO. 3 10-21-81 Inter-Corn APPROVED STAFF RECOMMENDATION Hf]~ORABLE MAYCR ~ CITY COUNCIL WILLIAM HUSTle, CITY MANAGER ~<~' It is recommended that the City Council adopt the following policy with regard to the noticing of public hearings concerning a zoning permit or rezoning of property: All property owners within 500 feet of the affected property will · receive written notice of the public hearing a minimtml of 10 days before the scheduled date of the hearing. Notices will also be conspicuously posted within the affected area. Applicants for zoning permits or rezoning whioh require a public hearing will provide, at the applicant's expense, a list of the property owners prepared by a title ccmpany. The City Council has expressed concerns with regard tD the manner in which persons receive notice of a public hearing which affects them. Staff has bccn directed to submit a public hearing noticing policy for the Council's review and consideration. The City has always followed the minimum requirements of State law ar~ the Municipal Code, however, there has not been a consistent practice with regard to public noticing which exceeds those minimt~ requirements. DI~qJ$$ICN: State law requires that for all rezoning all property owners within 300 feet of the affected property (this provision does not apply to zoning text amendments or general plan amendments) receive written notice, the notice be published in the local newspaper and that notice of the hearing be posted within the affected area. For use permit and variance hearings, notice must be published in the local newspaper at least 10 days before the hearing. The Tustin Municipal code provides that notices of public hearings for variance, rezoning and appeals be given in the manner prescribed by state law. Notices of public hearings on matters, other than the pr.ce.ding, must be published in the newspaper at least 10 days before the bearing. In Tustin, a public hearing is held for any zoning permit (use permit, variance, rezoning, etc.) and at a minim~a, all persons within 300 feet of the affected property are noticed. TO date, the Coam~ity Develot~nent department has followed the practice of requiring the applicant to furnish a list of property owners within a 300 foot radius of the affected property. For larger develoimments, the applicant usually has a list prepared by a title company. For smaller projects, the list is usually prepared by the applicant. In situations where an applicaticn has effected a portion of a tract (within 300 feet of applicant's site), all property owners within the tract have been notified notwithstanding their distance from the property for which an application has been submitted. In addition to the changes recommended above, the form of the notice will also be changed. Currently, the property owner receives an 8-1/2" x 11' letter which is folded three ways and stapled. The outside of the letter is sta,~ed with the City's address, but there is no indication the material is an official notice from the City. Unless otherwise directed by the Council, all notices of a public hearing will be sent by first class mail in an envelope which is marked on the outside as follows: OFFICIAL NOTICE AFFECTS YOUR PROPERTY PLW~SE READ! This designation is taken from a format utilized by t_he City of Gosta Mesa which has proven successful. Through its ~omputer system the City of Costa Mesa notifies affected property owners by a postcard which includes the notice explained in laymens terms. Staff will be ex~m~ining the feasibility of preparing notices similar to the City of Costa Mesa through the City's computer. This will involve developing a program of placing the Assessor's Boles in the computer with the ability to retrieve information necessary to notify all property owners within 500 feet. When that progr~a is developed and on line, the City ~uld no longer have to rely upon the applicant and title company to furnish a list of persons to De notified of a public hearing.