HomeMy WebLinkAboutReso 1997-18796 RESOLUTION NO. 18796
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CITY COUNCIL POLICY #400-01
PERTAINING TO LAND USE HEARING PUBLIC NOTICES AND
PROVIDING DIRECTION REGARDING CERTAIN OTHER
PROCEDURES RELATED TO LAND USE HEARING PUBLIC
NOTICING
WHEREAS, a City-initiated report regarding current public hearing noticing
procedures was presented to the Planning Commission and subsequently to the City
Council for review pursuant to possible changes to the current City Council Land Use
Hearing Notice Policy (400-01); and
WHEREAS, a public hearing by the Planning Commission was scheduled on said
report and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the city; and
WHEREAS, the Planning Commission hearing was held at the time and place as
advertised, namely June 11, 1997 at 7:00 p.m. in the Council Chambers, 276 Fourth
Avenue, before the Planning Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission voted to recommend certain amendments to
the existing City Council Land Use Hearing Notice Police (400-01) as well as to
recommend that certain informal procedures be implemented; and
WHEREAS, a public hearing by the City Council was scheduled on said report and
notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city; and
WHEREAS, the City Council hearing was held at the time and place as advertised,
namely October 14, 1997 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue,
before the City Council and said hearing was thereafter closed; and
WHEREAS, the City currently utilizes certain land use hearing public noticing
procedures which exceed the requirements of State law; and
WHEREAS, the City Council finds that the utilization of certain of these procedures
has not resulted in a significant increase in the amount of public participation in the
planning process by those who might not otherwise be aware of such hearings through the
minimum State noticing requirements; and
WHEREAS, the City Council wishes to discontinue certain current methods of
providing public notice of land use hearings and implement other methods; and
WHEREAS, the City Council finds that due to the large Spanish-speaking population
within the City limits it is desirable to include in public hearing notices language which will
direct such persons to staff members who can communicate project information to them
and to formalize such a practice through Council policy.
Resolution 18796
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula ~
Vista does hereby amend Council Policy 400-01, Land Use Hearing Noticing Policy, in
accordance with the attached Exhibit "A", and further directs the following:
1 ) That staff shall continue the current informal use of public forums as a method of
gaining public input on land use hearing matters;
2) That staff shall prepare and bring back for City Council review a one year trial
program requiring the posting of signs at project sites;
3) That staff shall utilize a simplified notice format for public hearing notices, similar in
style to that presented at the Council meeting.
Presented by Approved as to form by
ngP,ann,ngD,rector J
/
Resolution 18796
Page 3
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: LAND USE HEARING POLICY EFFECTIVE
NOTICE POLICY NUMBER DATE PAGE
400-01 10-13 -97
ADOFrED BY: Resolution No. 18796 DATED: 10-13-97
BACKGROUND
The law requires that when the City conducts a public hearing at which it deliberates upon a land
use issue (Land Use Hearing"), those persons who have a "significant property interest that are
affected by that decision" are entitled to certain rights guaranteed by the Due Process Clause of the
14th Amendment of the Federal Constitution, chief among which are notice of the deliberations
("Notice"), and the opportunity to be heard (collectively "Due Process Rights").
Currently, legal notices are given in a manner that are designed to meet the requirements of State
law. The persons that are notitied individually by mail are limited to those property owners owning
property within 300 feet of the affected property ("Legally Required Radius of Notice"). The City
wishes to extend this to include those that live beyond the 300 foot radius.
PURPOSE
To permit the Director of Planning to provide notice of public hearings as to land use matters
before the Planning Commission and the City Council beyond the State required distance, without
creating legal entitlement thereto. and in a manner which is clear and understandable to the general
public.
POLICY
The following policy shall govern the giving of notice in Land Use Hearings:
1. Extended Land Use Hearing Notices
1.1 Language of the Notice
Under circumstances where the City is required, by law, to provide mailed notices
of a public hearing on an application fi~r a land use matter, the Director of Planning
("Director") shall use diligent effort to prepare clear. concise, and understandable
notices from the perspective of a person not skilled in planning or land use syntax
or terminology. In preparing legal notices, the Director shall make a diligent effort
to supplement the description of property legally required to be given with a
location map which will permit the reader to determine the approximate location of
the property which is the subject matter of the Noticed Land Use Hearing.
Resolution 18796
Page 4
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: LAND USE HEARING POLICY EFFECTIVE
NOTICE POLICY NUMBER DATE PAGE
400-01 10-13
ADOPTED BY: Resolution No. 18796 DATED: 10-13-97
1.2 Referral in Spanish
All public notices pertaining to an application for a land use matter shall include a
full Spanish translation of said notice.
2. Extended Noticing
2.1 Boundaries for Distribution of the Notice
a. Scope of Policy. This policy memorandum applies only to those land use
matters which require public hearings before either the Planning
Cemmission or the City Council or both, or require notice of an Initial
Study for such land use hearings such as these conducted by any other
decision-making body or administrator shall be noticed in accordance with
applicable law without regard to this policy.
b. In all land use matters which are within the Scope of this Policy, the
Director shall make a diligent effi~rt to expand the Legally Required Radius
of Notice to all property owners within 500 feet of the exterior boundaries
of the property which is the subject matter of a required public hearing by
the Planning Commission or City Council ("Subject Property"), and in
addition thereto, such other property owners outside the 500 Foot Radius
that the Planning Director determines share common physical attributes as
those property owners within the 500 Foot Radius, such as common streets,
topographic features, and neighborhood boundaries.
-'- .....'T I '1 r
Resolution 18796
Page 5
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: LAND USE HEARING POLICY EFFECTIVE
NOTICE POLICY NUMBER DATE PAGE
400-01 10-13-97
ADOFrED BY: Resolution No. 18796 DATED: 10-13-97
2.2 Extended Notice Lists
From the time that an application is made up to the City relating to a land use
matter within the Scope of this Policy, the Director shall commence and continue a
diligent effort to determine and maintain a list of names and addresses of those
persons who are not legally entitled to notice but either: (1) have expressed an
interest in the outcome of the decision on the application, or (2) to knowledge of
the Director, have, or may have, a property interest which in the Director's best
judgment, may be significantly impacted by the possible outcomes of the proposed
permit ("Extended Notice List"). These may include tenants requesting notification
of future land use hearings. The Director may contact potential noticees and
_ determine their interest in being provided notice. The Director shall remove from
ff the list: (i) any person who has requested same, or (ii) any person who has not
responded to a request for determination of interest t~om the Director.
2.3 Diligent Effort to Give Notice of Public Hearings
In addition to giving notice of such persons as are entitled thereto by State law, the
Director shall make a diligent effort to notify Extended Notices of all land use
hearings with the Scope of this policy.
3. Consequence of Violation of Policy
Failure to implement this policy, or the failure to use diligence as herein required, or
failure of an Extended Noticee to actually receive Notice, shall not operate to invalidate the
action by the City at the Hearing. Such is the unequivocal intent of the City Council in
enacting this Policy.
(See Resolution 16336 dated 9/3/91)
Resolution 18796
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of October, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, Salas, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley Hor~o~,'Mayor
ATTEST:
· Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify
that the foregoing Resolution No. 18796 was duly passed, approved, and adopted by the
City Council at a regular meeting of the Chula Vista City Council held on the 14th day of
October, 1997.
Executed this 14th day of October, 1997
~Authelet, City Clerk
.......... t ...................... · '~ T