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HomeMy WebLinkAboutReso 1991-16336 RESOLUTION NO. 16336 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A LAND USE HEARING NOTICING POLICY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City currently gives legal notice of planning and zoning public hearings in accordance with the requirements of State law; and, WHEREAS, it is the Council's intent to extend the notice given for those items heard by the Planning Commission and the City Council beyond the minimum three hundred (300') foot radius; and, WHEREAS, it is Council's intent to make all notices clear and understandable by the use of nontechnical language and the inclusion of location maps; and, WHEREAS, the City Council has determined that extending public notice is necessary to provide the opportunity for participation in the planning process for those who might not otherwise be aware of such hearings through the minimum State noticing requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the attached City Council Policy 400-01, Land Use Hearing Noticing Policy, to be effective as to all land use hearings thirty (30) days after the date of adoption. Presented by Approved as to form by Robert A. Leiter Bruce M. Boogaard Director Planning City Attorney Resolution No. 16336 Page 2 - COUNCIL IsOLICY CITY OF ~;au,-a VX2TI~ ftUB~RCT POLICY RFFBCTXVB ]ND~fBER DATB PAGE LAND USE HEARING NOTICING POLICY 400-01 09-03-91 1 of 3 )LDOX~ZlD SXl Resolution No. 16336 DAtlDI 09-03-91 BACKGROUND The law requires that when the City conducts a pobltc hearing at which it deliberates upon a land use issue (e,g., the granting of a land use right such as a General Plan Amendment, Zone Change, Conditional Use Permit, etc,) ("Land Use Hearings"), 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 the law. The persons that are notified individually by mail are limited to those pro erty owners owning property within 300 feet of the affected property ~Legally Required Radius of Notice") -- Which may, under certain circumstances, be inade uate to notify thos having a significant property interest impacted by t~e decision. PURPOSE To permit the Dtrector of Planning t O exercise his independent discretion to provide notice of public hearings as to land use matters before the Planning Conmntssion and the City Council beyond the legally required distance, without creating legal entitqement thereto, and in a manner d Which is dear an understandable to the general public, POLICY lie following policy shall govern the giving of notice in Land Use Hearings: 1. Extended Land Use Heartrig Notices. 1.1 Language of the Notice. Under circumstances Where the City is required, by law, to provide melled notices of a publtc hearing on an applfcatton for a land use matter, the Director of Planntng {"Director") shall use dtltgent efforts to prepare dear, concise, and understandable notices from the perspective of a person not sktlled in planning or land use syntax or terminology, In preparing hgal notices, the Director shall make a dlltgent effort to supplement the description of property legally Resolution No. 16336 Page 3 requtred to he gtven wttha locatton map whtch wtll permtt the reader to deemine the approximate location of the property whtch ts the sub;Ject matter of the Nottced Land Use Heartng. 1.2 Boundaries for Distribution of the Notice. ,a. Scope of Polic.v. This poltcy memorandum applles onl.v to those land use matters which requtre publlc hearings before either the Planning ComIsston or the City Counctl, or both, or requtre nottce of an Zntttal Study for such land use hearings such as these conducted by any other decision-raking body or admfntstrator shall be notices tn accordance with applicable law without regard , to this policy. b. Zn all land use matters whtch are vtthtn the Scope of thts Poltcy the Dtrector shah make a dill eat effort to expand We Legall.v Raqutred Radtus of Notg~ce to 811 property rownets within 500 feet of the extertor boundaries of the rope which Is the sub&act matter of a required publr~ he~r~ng by the Planntng Co~tsston or CIty Council ("Sub3ect Property"). c. Zn all land use matters w~tch are wtthtn the Scope of thts Poltcy and the slze of the Sub&act Property is greater than flve (5} acres, the Dtrector shall Bake a dtltgent effort to expand the Legally Raqutred Radius of Notice to sll property owners wtthtn 1,000 feet of the exterior boundaries of the Subject Property ("1,000 Foot Radius'), and tn eddttton thereto, such other property owners outetde the 1,000 Foot Radius that share common phystcal attributes as those property owners wtthtn the 1,000 Foot Radtus, such as cmmon streets, topographic features, and neighborhood boundaries. 2. [xtended Notice Ltsts. 2.1 Hatntenance of Extended Nottce Ltsts. From the ttme that an application ts made to the Ctty relattng to a 1and use Batter wtthtn the Scope of thts Policy. the Dtrector shall commnce and continue a dfltgent effort to and addresses of t se determine and Batntatn a 11st of names ho persons ~ho are not legally enttthd to notice but either: Resolution No. 16336 Page 4 ~Zt~T' 01 ,~,~,.t. litDieSel. DA'~'m LAND USE HEARXNG NOTxCZNG POLXCY 400-01 09-03-91 3 of 3 Resolutlon No, 16336 09-03-91 (1) have expressed an tnterest tn the outcome of the dectston on the application, or (2) to the knowledge Of the DIrector, have or ~ have a property tntorest vhtch in the Dtrector's best ;ludgment, may be significantly trapacted by the possible outcomes of the proposed permtt ("[xtonded Notice Ltst"). These may include tonants request notification of future land use hearings. The Dtrector may contact potonttal nottcees and detamtne their tntorest tn being provlded notice. The DIrector shall remove from the list: (1) anY person ~ho has requested sam, or (2) anY person who has not responded to a request for determination of triterest from the DIrector. 2,2 Dlltgent Effort to Give Nottce of Public Hearings. Zn addttton to gtvtng nottce to such persons as are entttled thereto by state law, the Director shall Bake a dtllgent effort to notify Extended Notices of all land use hearings_ ~tth the ~cope of thts Poltcy. 3. Consequence of VIolation of Poltcy. Fatlure to Implement thts poltcy, or the failure to use diligence as heretn required, or fatlure of an Extended Nottcee to actually recehe Nottce shall not operate to lnvaltdato the action by the City at the Hearlng, Such is the unequlvocal tntont of the City Coundl tn enacting thts Pollcy. Resolution No. 16336 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of September, 1991 by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Grasser Horton ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. 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. 16336 was duly passed, approved, and adopted by the City Council held on the 3rd day of September, 1991. Executed this 3rd day of September, 1991.