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HomeMy WebLinkAboutNB 3a PUB HRNG NOTICES 10-21-81, GENDA DATE: October 14, 1981 NEW BUSINESS NO. 3 $ 10 ~-21-8.1 Inter-Corn TO: FROM: SUBJECT: HCt~ORABLE MAYOR AND CITY COUNCIL WILLIAM PEJSTCN, CITY MAN~J2ER RECCI~IATICN CN FJBLIC HEARING NOTICES 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: 1. 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 which require a public hearing will provide, at the applicant's expense, a list of the property owners prepared by a title company. The City Council has expressed concerns with regard to the manner in which persons receive notice of a public hearing which affects them. Staff ham bc~n 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 and the Municipal Code, however, there has not ~cn a ~onsistent practice with regard to public noticing which exceeds those minimt~m requirements. DISCUSSICN: 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 pla~ 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 ar~ 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 preceeding, must be published in the newspaper at least 10 days before the hearing. In Tustin, a public hearing is held for any zoning permit (use permit, variance, rezoning, etc.) and at a minim~u, all persons within 300 feet of the affected property are noticed. To date, the Co~xm~nity Development 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 developments, the applicant usually has a list prepared by a title company. For amaller projects, the list is usually prepared by the applicant. In situations where an application 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 frc~ the property for whirl% 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. ~ae outside of the letter is stamped 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 PROPERI~ PLEASE READ! This designation is taken from a format utilized by the City of Costa Mesa which has proven successful. Through its computer system the City of Costa Mesa notifies affected property owners by a postcard which includes the notice explained in laymens terms. Staff will be examining the feasibility of preparing notices similar to the City of Costa Mesa through the City's computer. This will involve developing a program of placin~ the Assessor's Roles in the computer with the ability to retrieve information necessary to notify all property owners within 500 feet. When that program is developed and on line, the City ~ould no longer have to rely upon the applicant and title company to furnish a list of persons to be notified of a public hearing.