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HomeMy WebLinkAbout1985-04-16; City Council; 8144; Requirements for Provide Notice Public HearingCITI JF CARLSBAD - AGENDA ILL 'B#8/cl/3 ITG. 4/16/85 DEPT. HD- CITY ATTYW TITLE: REVISION OF REQUIFlEMENTS FOR PROVIDING NOTICE OF PUBLIC HEARINGS EPT. CA 1 lcin MGR.~!? RECOMMENDED ACTION: Introduce Ordinance No. 97m . ITEM EXPLANATION At a recent meeting, Council directed our office to prepare an ordinance which would increase the range for providing mailed notice -of public hearings from 300 feet from the boundaries of the subject property to 600 feet from the boundaries of the subject property. We believe the attached ordinance accomplishes Council's directive. It also implements recent amendments to the state law requirements for noticing of public hearings in planning and subdivision actions. Sections 1 through 14 of the proposed ordinance make technical amendments to various provisions of the environmental proctection, subdivision, and zoning titles of the Municipal Code in order to make the manner of requiring notice consistent. Sections 15 through 19 of the praposed ordinance contain the substantive amendments. Section 15 amends Section 21.54.060 of the Carlsbad Municipal Code. Subsection (1) of this section establishes the notice requirements for almost all subdivision and zoning actions including hearings on tentative maps, planned development permits, conditional use permits, variances, zone changes affecting the use of property, General Plan amendments affecting specific property, environmental impact reports and site plans. The only types of hearings which are not required to be noticed pursuant to this section are hearings conducted on minor subdivisions and amendments to the zone code or General Plan which do not affect specific property. Section 21.54.060(1) provides that notice of a public hearing must be mailed or delivered at least ten days prior to the hearing to the owner of the subject property or his agent, each local agency expected to provide water, sewage, streets, roads, or schools or other essential facilities to the project and property owners as shown on the latest equalized assessment role within 600 feet of the property that is the subject of the hearing. The Land Use Planning Manager requested that notice for variance hearings only be given to people within 300 feet of the project site; this request has been incorporated into the amendment . The requirement to provide notice to the special districts is a new requirement of state law. The section also implements a recent amendment to state law which permits giving notice by placing a one-eighth page display advertisement in a newspaper when the number of notices to be mailed or delivered is greater than 1,000. In implementing this provision the ordinance exceeds the state law provisions by requiring the one-eighth page display advertisement to be placed in at least two newspapers of general circulation within the City. I Agenda Bill # r/qq Page 2 Use of a newspaper advertisement requires City Manager approval on a case-by-case basis; again a request by the Land Use Planning Manager. Section 21.54.060( 2) applies generally to zone code or General Plan amendments which do not affect specific property. Because these types of actions establish general policy applicable throughout the City, notice need be given only by publishing notice in at least one newspaper of general circulation within the City at least ten days prior to the hearing. The provisions of Section 21.54.060(2) are the minimum required by state law and have not been changed. Council could, if it chose, add a requirement that the notice be published in more than one newspaper. The contents of the required notice is specified by Section 16 of the ordinance. Persons who desire special notice may request it under the provisions of Section 17 of the ordinance. As long as the City complies with the notice requirements, the failure of any person or entity to receive the notice does not constitute grounds to invalidate any action taken. This provision is established by Section 18 of the ordinance. Section 18 also adds a provision which allows the Planning Commission or City Council to continue a matter for hearing after proper notice is given if substantial evidence is presented that the notice requirements have not been met. This requirement has been added in an attempt to implement the Council's apparent desire to ensure that the people of the City know what items are being considered for action. Finally, Section 19 of the ordinance requires the applicant for a project to provide the list of persons or entities to receive notice and stamped, addressed envelopes or, in appropriate cases, display advertisements, not more than 45 nor less than 30 days prior to the time the matter is scheduled for hearing. It also establishes that the applicant is responsible for paying the cost of providing the notice required by this chapter. FISCAL IMPACT The fiscal impact of providing the notice required by this chapter is discussed in the memoranda from the Land Use Planning Manager and the Central Services Director. To some extent, this impact will be mitigated by the requirement that the applicant pay the cost of providing notice. EXHIBITS Ordinance No. 77 5-y Memorandum from Land Use Planninq Manaqer Memorandum from Central Services- Director a I JANUARY 29, 1985 TO : DAN HENTSCHKE, ASSISTANT CITY ATTORNEY FROM: Land Use Planning Manager FISCAL IMPACT - INCREASING NOTICING REQUIREMENTS TO 600 FT. The impact of increasing noticing requirements to 600 feet effects primarily the clerical staff in terms of xeroxing and preparing the envelopes for mailing. Presently, it takes an average of about five hours for two clerical positions to complete this task every other week. It should be emphasized that this is for average, routine items that go to the Planning Commission. Once in a while, a large-scale project requires a substantial amount of additional time. The work for an average agenda, however, would be doubled as a result of the change in noticing requirements. The increased fiscal impact would be as follows: Clerk Typist I1 - 5 hours + overhead x 26 = $1,329.90 Word Processor I1 - 5 hours + overhead x 26 = $1,441.70 ADDITIONAL TOTAL YEARLY COST = $2,771.60 We would also anticipate that the number of phone calls and inquiries regarding the items would increase but it would be difficult to measure this in terms of fiscal impact. S ubmi t t ed by : MICHAEL J. HOLZMILLER MJH/ar 3 J _- MEMORANDUM February 4, 1985 TO : Dan Hentschke, Assistant City Attorney FROM : Lee Rautenkranz, Central Services Director FISCAL IMPACT - INCREASING NOTICE REQUIREmNTS TO 600 FT. Approximately 50% of the items scheduled before the Planning Commission as public hearings proceed to public hearings before the City Council. Therefore, noticing which occurred for the Planning Commission meeting must be duplicated for the City Council meeting. The largest impact would be on staff time. The Deputy City Clerk currently performs the tasks associated with noticing public hearings. The average time currently spent is five hours every other week. That equates to current staff costs of approximately $1,475 for average agendas. That cost would be doubled with the additional noticing. A minimal increase in supply costs will be incurred for additional duplicating costs. For the majority of the hearings, the developer provides envelopes and postage. For those who don't, we will incur the additional costs. Central Services Director LR:kk f , J i 1 2 3 8 9 10 11 12 t 18 19 20 21 22 23 24 25 26 27 28 0 ORDINANCE NO. 9758 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLES 19, 20 AND 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO REVISE THE PROVISIONS FOR NOTICING OF PUBLIC HEARINGS. The City Council of the City of Carlsbad does ordain as follows : SECTION 1: That Title 19, Chapter 19.04 of the Carlsbac Municipal Code is amended by the amendment of the first paragrapt of Section 19.04.210 to read as follows: "19.04.210 Planning Commission hearing. The environmental impact report shall be f orwarded to the Land Use Planning Manager, who shall set the matter for public hearing by the Planning Commission. Notice of the public hearing shall be given as provided in section 21.54.060( 1 ) of this code. " SECTION 2: That Title 19, Chapter 19.04 of the Carlsbac Municipal Code is amended by the amendment of Section 19.04.220 to replace the number "19.04.230" with the number "19.04.210" in the second sentence of the section. SECTION 3: That Title 19, Chapter 19.04 of the Carlsbac Municipal Code is amended by the addition of Section 19.04.370 tc read as follows: "19.04.370 Notices of other hearings. Except as provided in Section 19.04.210, notice of any other public hearings required by this chapter shall be given as provided in Section 21.54.060( 2) of this code. SECTION 4: That Title 20, Chapter 20.08 of the Carlsbad Municipal Code is amended by the amendment of Section 20.08.140 to replace "Section 65905" with "Section 65091" in subsection (g) of the section. SECTION 5: That Title 20, Chapter 20.12 of the Carlsbac Municipal Code is amended by the amendment of Section 20.12.092 to read as follows: "20.12.092 Required notices. (a) Whenever a public hearing is required by this title, notice of the hearing shall be given as provided in Section 21.54.060(1) of this code and Section 66451.3 of the Government Code . in this section shall not invalidate any action taken pursuant tc this title." "(b) Failure by any person to receive notice specified SECTION 6: That Title 21, Chapter 21.34 of the Carlsbad Municipal Code is amended by the addition of Section 21.34.050(9) to read as follows: "(g) Notice of the hearings required by this section shall be given pursuant to Section 21.54.060(1) of this Code." SECTION 7: That Title 21, Chapter 21.35 of the Carlsbad Municipal Code is amended by the amendment of Section 21 -35.115 to add the following sentence: "Notice of the public hearing shall be given as provided in Section 21.54.060(1) of this Code." SECTION 8: That Title 21, Chapter 21.37 of the Carlsbac Municipal Code is amended by the addition of the following sentence to Section 21.37.060: "Notice of the public hearing shall be given as provided in Section 21.54.060(1) of this Code." SECTION 9: That Title 21, Chapter 21.43 of the Carlsbac Municipal Code is amended by the amendment of Section 21.43.080(2) to read as follows: "A public hearing shall be conducted notice of which shall be given as provided in Section 21.54.060 (1) of this Code . SECTION 10: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended by the amendment of Section 21.45.071 to replace the phrase "Chapters 21.52 and 21.54" with "Section 21.54.060(1)." 0.. 2. J A I I 1 L I( 1: 1: 15 2c 21 2; 2: 24 25 26 27 28 SECTION 11: That Title 21, Chapter 21.47 of the Carlsbad Municipal Code is amended by the amendment of Section 21.47.071 to replace the phrase "Chapters 21.52 and 21.54" with "Section 21.54.060(1)." SECTION 12: That Title 21, Chapter 21.50 of the Carlsbad Municipal Code is amended by the amendment of Sections 21.50.060 and 21.50.120 to replace the phrase "Chapter 21.56" or "Chapter 21.54" with "Section 21.54.060(1)" wherever it appears in those sections. SECTION 13: That Title 21, Chapter 21.52 of the Carlsbad Municipal Code is amended by the amendment of Section 21.52.040 to read as follows: "21.52.040 Planning Commission hearing. The Planning Commission shall hold a public hearing on the proposed amendment Notice of the hearing shall be given pursuant to Section 21.54.060(2) of this code and if the proposed amendment affects the permitted uses of specific real property notice shall also bl given pursuant to Section 21.54.060(1) of this Code." SECTION 14: That Title 21, Chapter 21.52 of the Carlsbad Municipal Code is amended by the amendment of Section 21.52.100 to replace the phrase "Chapter 21 -54" in the first sentence of that section with the phrase "Section 21.52.040' and to delete the last sentence of the section which reads: "The hearing on adopting or amending the general plan or any element thereof for the subject property. " SECTION 15: That Title 21, Chapter 21.54 is amended by the amendment of Section 21.54.060 to read as follows: "21.54.060 Notice of public hearings shall be given as (1) When a provision of this code requires notice of a (A) Notice of the hearing shall be mailed or follows : public hearing to be given pursuant to this subsection, notice shall be given in all of the following ways: delivered at least ten days prior to the hearing to the owner of 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the subject real property, the owner's duly authorized agent, or to the project applicant. delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected by the project. delivered at least ten days prior to the hearing to all owners oj real property as shown on the latest equalized assessment role within 600 feet, or 300 feet for variance applications, of the real property that is the subject of the hearing. In lieu of utilizing the assessment role, records of the county assessor or tax collector which contain more recent information than the assessment role may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subparagrapl is greater than 1,000 in lieu of mailed or delivered notice, the City Manager may permit notice to be given by placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the City at least ten days prior to the hearing. to subparagraph (C) , the notice shall also either be: ( 1) published pursuant to Section 6061 in at least one newspaper of general circulation within the City at least ten days prior to the hearing; (2) posted at least ten days prior to the hearing ii at least three public places in the City, including one public place in the area directly affected by the proceeding. (2) When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the City at least ten days prior to the hearing. (B) Notice of the hearing shall be mailed or (C) Notice of the hearing shall be mailed or (D) If the notice is mailed or delivered pursuant SECTION 16: That Title 21, Chapter 21.54 of the Carlsbad Municipal Code is amended by the addition of Section 21.54.061 to read as follows: "21.54.061 Content of Notice. The notice given pursuant to Section 21 . 54.060 shall include the date, time and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the locatioi of the real property, if any, that is the subject of the hearing . " SECTION 17: That Title 21, Chapter 21.54 of the Carlsbad Municipal Code is amended by the addition of Section 21 -54.062 to read as follows: 4. .. ., 1 2 3 4 5 6 7 a 9 10 11 12 k 0 18 19 20 21 22 23 24 25 26 27 28 "21.54.062 Additional notice to persons requesting it. Notice qiven pursuant to Section 21.54.060 shall also be mailed or deliGered at least ten days prior to the hearing to any person who has filed a written request for notice with the City Clerk. The City Clerk shall charge a fee established by City Council resolution which is reasonably related to the costs of providing this service. Each request shall be annually renewed." SECTION 18: That Title 21, Chapter 21.54 of the Carlsbad Municipal Code is amended by the addition of Section 21.54.063 to read as follows: "21.54.063 Failure to receive notice. The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the action for which the notice is given. If a decision making body receives substantial evidence that notice has not been given as required by this chapter, then the decision making body may continue the matter for hearing after proper notice has been given." SECTION 19: That Title 21, Chapter 21.54 of the Carlsbad Municipal Code is amended by the addition of Section 21.54.064 to read as follows: "21.54.064 Applicant's responsibilities. (a) The applicant for any action requiring a noticed public hearing shall provide the City with a list of persons or entities to whom notice must be given and the addresses of such persons. The applicant shall also provide stamped, addressed envelopes for mailing notice. The list and the envelopes, if required, shall be provided to the City not more than forty-five nor less than thirty days prior to the time the matter is scheduled for hearing. If the number of persons to whom notice would be mailed exceeds 1,000 the applicant may, in lieu of providing the stamped, addressed envelopes, provide an appropriate display advertisement. The applicant shall verify the accuracy of the list and the addresses. The secretary of the Planning Commission or the City Clerk shall be responsible for informing the applicant of the date a matter is scheduled for hearing. notice required by this chapter. (b) The applicant shall pay the cost of providing the EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion. 5. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 16th day of ApAl I 1985, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 7th day of May , 1985 by the following vote, to wit: AYES : NOES: Council Fksrbers Lewis I Kulchin and Petthe Council Mmbers Casler and Chick ABSENT: None ARY A. fASLER, Mayor ATTEST : ( Seal )