Res 14-020RESOLUTION NO. 14 -020
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.
Resolution No. 14 -020
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:
< <
MLO-a� q heila 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 -020 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: CUNNINGHAM, VAUS, MULLIN, GROSCH, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, CMC, City Clerk
City of Poway