Item 4.1 - Reso Requiring Additional Public Noticing of Public HearingsG`t OF P0 W91
City of Poway
COUNCIL AGENDA REPORT
C�pY IN THE C�VC
APPROVED
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APPROVED AS AMENDED
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(SEE MINUTES)
DENIED
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REMOVED
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CONTINUED
RESOLUTIONNO. _02-0
DATE: April 15, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Tina M. White, Interim City Manager
INITIATED BY: Robert J. Manis, Director of Development Services A "
SUBJECT: Adoption of a Resolution Requiring Additional Public Noticing
for Public Hearings
Summary:
On October 15, 2013, the City Council considered a policy to include all residents,
tenants, and occupants of a property within 500 feet of a proposed project site when
public notice is required, where the Poway Municipal Code only requires notice to be
sent to the property owners. On February 4, 2014, a City Council workshop was held to
evaluate options for implementing such an expanded public notice. At the workshop,
the City Council provided direction to staff to return with a resolution that requires notice
to be sent to all residents, tenants, and occupants within 500 feet of a project site
whenever public noticing is required, in addition to the property owners as currently
required by the Poway Municipal Code.
Recommended Action:
It is recommended that the City Council adopt a resolution (Attached) requiring
additional public noticing for public hearings.
Background:
The Poway Municipal Code (PMC) requires public notice for certain types of planning
and zoning actions. For those actions requiring public notice, the PMC requires that a
notice be sent to all property owners within 500 feet of a proposed project site. At their
October 15, 2013, meeting the City Council discussed expanding the public notice to
also include all residents, tenants, and occupants, herein after referred to as occupants.
This would include notice to those living in apartments or non -owner occupied
residences and tenants of commercial and industrial developments. This would not add
a requirement for public noticing for a project that does not already require public
noticing per the PMC.
1 of 5 April 15, 2014 Item # 4.1
Adoption of a Resolution Requiring Additional Public Noticing for Public Hearings
April 15, 2014
Page 2
At the February 4, 2014, workshop the City Council considered options for how to
provide the expanded public notice. Staff has access to property owner information on
every parcel in the City, but does not have occupant data. Certain vendors have access
to occupant information and can provide delivery to every address on every parcel
within the 500 -foot radius of the project site. The City Council directed staff to prepare a
resolution that would require noticing to all occupants (in addition to the property
owners) and to utilize an outside company to provide the additional noticing.
Findings:
The attached resolution requires that a notice of public hearing be sent to all addresses
within 500 feet of a proposed project site. City staff will continue to provide the notice of
public hearing to the property owners and arrange for the newspaper notice as required
by the PMC. Staff will seek proposals from vendors qualified to provide the additional
mailed notice to all occupants within the same 500 -foot radius.
Staff research done to date indicates that vendors will provide the City with a
certification of the mailing. The certification would include a list of the addresses that
received a notice. After paying for the initial mailing, the list could be reused by the City
for future mailings on the project. When a project includes a neighborhood meeting as
an early step in the review process, the City would use the mailing company to provide
notice of the neighborhood meeting. The City would then use the same mailing list to
send the notice of the public hearing and only pay once for the list.
As discussed at the February workshop, some property owners will receive two notices.
If the owner of a property within 500 feet of a project site lives at that property they will
receive one notice (as the property owner) from the City and one notice (as the
occupant) from the mailing company.
Because of the time involved with an RFP process, the expanded notice will begin next
fiscal year (July 2014). The estimated cost of the additional noticing will be reflected in
the Development Services Department FY 14/15 budget. The City will continue to
collect the $225 fee from applicants with projects that require a public hearing to cover
the costs of the public noticing required by the PMC (mailed notice to the property
owners and a posting in the newspaper). There will be no additional fee for the added
notice to occupants.
It was suggested at the February workshop that if the additional public notice is
implemented, it should be revisited in one year to assess the cost and effectiveness.
This is included in the attached resolution.
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Adoption of a Resolution Requiring Additional Public Noticing for Public Hearings
April 15, 2014
Page 3
Fiscal Impact:
The cost of the additional noticing for a project will vary depending on the size of the
mailing, but is anticipated to average approximately $300. It is estimated that based on
an average of 25 public hearings per year, the annual cost will be approximately $7,500,
which will be paid by the General Fund. The appropriation to implement the additional
noticing requirement is to be included in the FY 14/15 proposed budget.
Environmental Review:
This item is not subject to CEQA review
Public Notification:
None
Attachment: Resolution
3 of 5 April 15, 2014 Item # 4.1
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING
A POLICY TO INCREASE PUBLIC NOTICING FOR PUBLIC HEARINGS
WHEREAS, the Poway Municipal Code requires public noticing for certain classes
of land use and zoning actions through the mailing of notices to owners of real property;
and
WHEREAS, the Poway City Council recognizes that certain residents residing and
working in the City do not own the property where they reside or conduct business, the
result of which is that notices of land use and zoning actions might not reach them; and
WHEREAS, the Poway City Council believes it is important that the City undertake
reasonable efforts to notify its residents and business owners of important land use and
zoning actions that might affect them; and
WHEREAS, the Poway City Council has determined that it is appropriate to
establish a policy to increase the public noticing required for public hearings by making
reasonable efforts to include the occupants of every address within 500 feet of a proposed
project site; and
WHEREAS, the Poway City Council considered public noticing requirements on
October 15, 2013, and directed staff to research the matter; and
WHEREAS, on February 4, 2014, the Poway City Council held a public workshop to
discuss options for implementing additional public notice for public hearings; and
WHEREAS, a public hearing was held on April 15, 2014, allowing public comment
on the proposed additional public noticing policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The foregoing recitals are true and correct and the City Council so
finds and determines.
Section 2: This item is not subject to review under the California Environmental
Quality Act (CEQA).
Section 3: For projects that require a public hearing, every reasonable effort
consistent with this Resolution shall be used in an effort to mail public notices to the
occupants of every address within 500 feet of the proposed project site. This shall be in
addition to the notice provided to all property owners within 500 feet of the project site,
which is required by state laws and Poway ordinances.
Section 4: The provision of public notices to occupants within 500 feet of a project
site shall be provided by a private company to be determined through a Request For
Proposals.
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Resolution No.
Page 2
Section 5: The cost of providing notice to occupants within 500 feet of a project
site will be borne by the City.
Section 6: The City Council hereby declares that this policy is intended to
encourage greater awareness of proposed land use and zoning actions, but not to
establish new legal requirements; therefore neither the failure of any occupant of any
property within 500 feet of a project to actually receive notice, nor the failure of City staff to
include an address in the listing of addresses of occupants to receive notice contemplated
by this Resolution, shall be grounds for the delay, continuance, or denial of the application,
permit, or other action, which is the subject of the notice.
Section 7: The public noticing requirement discussed herein shall be reviewed
one year after implementation.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 15th day of April, 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 14 - * ** was duly adopted by the City Council at a
meeting of said City Council held on the 15th day of April 2014, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
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