HomeMy WebLinkAboutRES-78-4237 Requirements for Pub. Hear.RESOLUTION NO. 78-4237
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
29
30
31
32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ESTABLISHING REQUIREMENTS FOR GIVING NOTICE OF PUBLIC
HEARINGS RELATED TO ZONING AND OTHER LAND USE MATTERS.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to Sections 1405, 14111 1510
and 1605 of Zoning Ordinance No. N.S. 154, as amended, the City
Council hereby establishes the following requirements for notices
of public hearing related to zoning and other land use matters:
A. Variances or Conditional Use Permits - Application.
Pursuant to Sections 1405 and 1411 of Zoning Ordinance No.
N.S. 154, as amended, if a matter related to an application for
a variance or a conditional use permit is scheduled for consider-
ation at a public hearing by the Planning Commission and/or the
Board of Zoning Adjustment it shall be the responsibility of the
applicant to:
(1) Secure the addresses of all owners of real property
within a radius of 300 feet of the exterior boundaries
of the affected property as shown upon the current local
assessment role of property in the County of Los Angeles
as shown on said roll in the office of the County Assessoz
and
Secure the addresses of all residents of real property
within a radius of 300 feet of the exterior boundaries
of the affected property.
(2) Secure from the City a form for public notice and mail
a copy of said notice at his own expense to each property
owner and resident within said 300 foot radius in an
addressed envelope or folder (with clearly indentified
return address to the City Hall, Citv of Hermosa Beach,
Attention: Planning Department or Building Department)
to be deposited with the United States mail, with first
class postage fully prepaid, and marked near the
-1-
1
2
•3
4
5
6
7
81
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
recipient's address with the words "IMPORTANT PUBLIC NOTICE"
in large letters.
(3) Provide the City with a list of all names and addresses of
residents within the 300 feet radius to whom he has mailed the
required written notice, accompanied by an affidavit of mailing
bearing the date upon which said notices were mailed and the
signature of the applicant.
(4) Sign a waiver which acknowledges that he is solely responsible
for the accuracy of his lists and the timely mailing of the
notice.
` (5) Post the subject property in accordance with the requirements
set forth in Paragraph F below.
fB. Variance or Conditional Use Permit - Appeal to CityCouncil
If a written appeal from action of the Planning Commission and/or
the Board of Zoning Adjustment if filed with the City Council, the
City shall publish a notice of public hearing at least once in a
newspaper of general circulation, published and circulated in the
IjCity. Notice of such appeal shall be given in the same manner and
to the same persons as the notice was given for the original
application. Costs of said notice shall be paid by the appellant
if applicant, or by the City if appellant is not applicant.
C. Zoning and Land Use - Planning Commission.
(1) Public hearing by the Planning Commission to consider any
matter set forth in subsection (C) of Section 1605 of Zoning
JOrdinance N.S. 154, as amended, if initiated by a property owner or
property owners, shall require the following public notices:
(a) The City shall publish a notice of public hearing at least
in a newspaper of general circulation, published and circula
in the City.
(b) The property owner(s) shall secure the addresses of all owners
of real property within a radius of 300 feet of the
exterior boundaries of the affected property as
-2-
1
2
•3
4
5
6
7
8
9:
10 l
11 i;
1211
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
shown upon the current local assessment roll of property'
in the County of Los Angeles as shown on said roll in
the office of the County Assessor; and
Secure the addresses of all residents of real property
within a radius of 300 feet of the exterior boundaries
of the affected property.
(c) Secure a form for public notice to be provided by the
City and mail a copy of said notice at the expense of
the applicant(s) to each property owner and resident
within said 300 foot radius in an addressed envelope or
folder (with clearly identified return address to the
City Hall, City of Hermosa Beach, Attention: Planning
Department or Building Department) deposited with the
United States mail, first class postage fully prepaid,
and marked near the recipient's address with the words
"IMPORTANT PUBLIC NOTICE" in large letters.
(d) The applicant(s) shall provide the City with a list of
all names and addresses of property owners and a
separate list of all addresses of residents within said
300 foot radius to whom the required written notice was
mailed, accompanied by an affidavit of mailing bearing
the date upon which said notice was mailed and the
signature of the applicant(s).
(e) The applicant(s) shall sign a waiver which acknowledges
sole responsibility for the accuracy of the lists and
the timely mailing of the notice.
(f) The applicant(s) shall post the subject property in
accordance with the requirements set forth in para-
graph F below.
(2) If the above described matter is initiated by the Plann-
ing Commission or the City Council, the City shall publish a notice
lof public hearing at least once in a local newspaper of general
-3-
H
1
2
•3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
D 24
25
26
27
28
29
30
31
32
circulation, published and circulated in the City, and shall mail
a written notice of said hearing to each property owner and
resident within a 300 foot radius of the exterior boundaries of
the subject property subject to all provisions set forth in sub-
sections (b) through (d) above, and shall post said property subject
to the provisions of subsection (f) above.
D. Zoning and Land Use - City Council. A public hearing before
the City Council to consider the recommendation of the Planning
Commission or an appeal from an action taken by the Planning
Commission regarding any matter set forth in subsection (C) of
Section 1605 of Zoning Ordinance No. N.S. 154, as amended, shall
require:
(1)
(2)
(3)
That the City shall publish a notice of public hearing
at least once in a local newspaper of general circulation,
published and circulated in the City.
Notice of a hearing before the City Council shall be
given in the same fashion and manner as the hearing on the
original application before the Planning Commission.
If, pursuant to the City Zoning Ordinance, a hearing is
required before the City Council even though no appeal
is filed, then the costs for the giving of the notices
for the hearing before the City Council shall be paid by
the applicant, or at the applicant's expense, the applicant
may publish a display advertisement according to a form
approved by the City, of at least 20 square inches, publ-
ished in at least two newspapers of general circulation
within the City at least 10 calendar days prior to said
hearing, specifying the type and magnitude of the changes
proposed, the place where copies of the proposed changes
may be obtained, the time, date and place of the hearing,
and the right to appear and be heard.
-4-
li
2
.3
4
5
6
7
0
a
10
11
12
13
14
15
16
17
1E
1C.
2(
21
2�
2.
24
2F
2C
2i
2E
25
3C
31
34e
(4) If pursuant to the City's Zoning Ordinance the
matter under consideration would be final upon the
action of the Planning Commission but for an appeal
having been filed, then the costs for the giving
of the notices for the hearing before the City
Council shall be paid by the appellant if applicant,
or by the City if appellant is not applicant.
E. Alternate Notice of Public Hearing Before Planning Commission.
In the event that the proposed amendment to or modification
of the Zoning Ordinance concerning matters listed in subsection
(C) of Section 1605 of Zoning Ordinance N.S. 154, as amended, would
require that the number of property owners to whom notices must be
mailed is greater than one thousand (1,000), the City may, as an
alternative to the mailing of notices by the City or by the
applicant, give notice of public hearing by placing a display
advertisement of at least one-fourth page in a local newspaper of
general circulation, published and circulated in the City, and in
at least one additional newspaper having general circulation within
the City, at least 10 calendar days prior to said hearing. Such
advertisement shall specify the type and magnitude of the changes
proposed, the place where copies of the proposed changes may be
obtained, the time, date and place of the hearing, and the right
to appear and be heard. If said matter was initiated by an
applicant, the applicant shall pay the cost of the publication of
the display advertisement.
F. Posting of Property. A public hearing concerning an applica-
tion for a zone variance or a conditional use permit, for any land
use matter with the exception of a change from one zone classifi-
cation to another, or concerning an appeal regarding such matters,
shall also require that the subject property be posted by the
applicant, or by the City where applicable, in accordance with
requirements established by resolution of the City Council. The
-5-
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
29
30
31
32
applicant shall verify that the subject property was posted
within the time limits prescribed therein.
SECTION 3. That this resolution shall take effect
immediately upon the date of its adoption.
PASSED, APPROVED and ADOPTED this 14th day
of December, 1978.
PRESIDENT ofJthe\C ty Council, and
MAYOR of the City f Hermosa Beach, California
ATTEST:
DEPUTY CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
r
1
•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
29
30
31
32
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, ANNE AP.NDT, Deputy City Clerk of the City of
Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 78-4237 was duly and regularly passed, approved and
adopted by the City Council of the City of Hermosa Beach, California
at a regular meeting of said Council held at the regular meeting
place thereof on the 14th day of December, 1978, by the following
I vote:
Ayes: Councilpersons Barks, Doerfling, Tyson, Widman,
Mayor Schmeltzer
Noes: None
l Absent: None
( SEAL)
Dated: December 14, 1973
ANNE ARNDT, Deputy City Clerk of the City
Council, City of Hermosa Beach, California