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HomeMy WebLinkAboutNB 3 PUB HRNG NOTCS 10-21-81AGENDA DATE: October 14, 1981 NEW BUSINESS No. 3 10~21-81 Inter-Corn TO: FROH: SUBJECT: HCNORABLE MAYOR AND CITY COUNCIL wlnnIk~ HUSTGI, CITY ~NAGER ~ RECC~MENDATICN: It is recon~nended that the City Council adopt the following policy with regard to the noticing of public hearings concerning a zoning permit or rezoning of property: Ne 0 All property owners within 500 feet of th~ affected property will receive written notice of the public hearing a minim~n 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 has been directed to submit a public hearing noticing policy for the Council's review and consideration. Tne City bm-~ always followed the minimum requirements of State law and the Municipal Code, however, there has not ~cn a consistent practice with regard to public noticing which exceeds those minim%m~ requirements. DISCUSSIC~: 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 ~mlendments) 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 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 minimum, all persons within 300 feet of the affected property are noticed. To date, the Cc~-~-~-~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 co~l~ny. For smaller 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 which an application has ~cn 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 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 AFFECI~ YOUR PROPERI~ PLEASE .R~AD ! 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 placing the Assessor Is l~oles in the computer with the ability to r~trieve information necessary to notify all property owners within 500 feet. When that progran is developed and un line, the City would no longer have to rely upon the ~l~licant and title company to furnish a list of persons to be notified of a public hearing..