Resolution Number 10-08-17-03 RESOLUTION NO. 10-08-17-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION 08-04-01-02
ESTABLISHING A PUBLIC NOTIFICATION POLICY FOR DEVELOPMENT
PROJECT APPLICATIONS SUBJECTTO PUBLIC HEARING AND PUBLIC
MEETING NOTICING CONSISTENT WITH STATE LAW
WHEREAS, City of San Juan Capistrano Municipal Code Section 9-2.302,
Notification Procedures, sets forth requirements for certain land use public hearing and
public meeting procedures pertaining to posting of notice, mailing and publication; and
WHEREAS, on September 4, 2007 the City Council of the City of San Juan
Capistrano adopted Resolution 0709-04--01 that expanded public hearing and meeting
notice area requirements utilizing three project tiers and also expanded posting of notice
requirements; and
WHEREAS, on April 1, 2008 the City Council of the City of San Juan
Capistrano adopted Resolution 08-04-01-02 that provided minor amendments to
Resolution 07-09-04-01; and
WHEREAS, State Law requires public hearing notices to be mailed to
property owners within three hundred feet (300') of a subject property with development
project application requiring a public hearing; and
WHEREAS, no amendment to the Municipal Code would be required for
adoption of this resolution as the Section 92.302 of the Code provides that City Council
Resolution 08-04-01-02 may be amended from time to time.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby amend the policy for mailing of public hearing notice as
set forth below and subject to all other existing provisions set forth in San Juan Capistrano
Municipal Code Section 9-2.302 pertaining to posting of notice, mailing, and publication for
public hearings and public meetings.
1. Public Hearing Notices Concerning a Specific Parcel or Parcels of Land
A notice of the time, place of the public hearing, a general explanation of the matter
to be considered, and a general description of the area affected and the place
where further information on the application may be obtained shall be mailed or .
delivered, at least 10 days in advance of the hearing, to the owner(s) of the
parcel(s) in question (if different from the applicant) and to:
TIER 1 PROJECTS: All projects subject to Public Hearing approval by the Planning
Director, and/or the Zoning Administrator that include the following application.
Notice Area: 500 feet.from project boundaries.
1 8/17/2010
• Zone Variances
• Time Extensions
® Dog Appeals
TIER 2 PROJECTS: All projects subject to Public Hearings, recommendation and/or
approval by the Cultural Heritage Commission, Design Review Committee,
Planning Commission and/or City Council. Notice Area: 1,000 feet from project
boundaries and all homeowners within an affected association.
• Appeals
• Architectural Control projects not subject to Tier 3
• Conditional Use Permits
• Floodplain Land use Permits - -
• Grading Plan Modifications
• Site Plan Reviews
• Tentative Parcel Maps - -
• Tentative Tract Maps
TIER 3 PROJECTS: All projects subject to approval by the Planning Commission
and/or the City Council and that include one of the following applications. Notice
.Area: Citywide.
• General Plan Amendments
• Rezones (excluding minor Comprehensive Development Plans)
• Architectural Control Commercial projects greater than 100,000 square feet
of gross floor area, or generating more than 1,000 average daily vehicular
trips (ADT)
• Architectural Control Residential projects greater than 100 dwelling units
• Mobile Home Park Conversions or Closures
• Annexations
TIER 4 PROJECTS: All City projects initiated by the City Council, subsidized
by the City Council, or City Council approved 501(c)(3) non-profit organization
projects. Notice Area: 300 feet.
2. Project Information Site Signage
All projects subject to public hearing approval within Tier 2 and 3 listed above, are
required to post project information signage installed according to Exhibit A to this
Resolution.
The sign shall be visibly installed not more than 10 feet from the boundary of the
property that abuts a public or. private road. If the property abuts more than one
public or private road, the sign shall be installed visible from the road with the
highest average daily vehicular trips (ADT). If the property does not abut a public or
private road, the sign shall be posted where it can be most readily seen by the
public.
2 8/17/2010
The sign shall be posted not sooner than submittal of a formal application and
not less than twenty (20) calendar days before the public hearing.
An affidavit of posting, available from the Planning Department, must be filed by the
applicant with the Planning Department prior to any scheduling the project
application(s) for a public meeting or public hearing review.
The additional forms of non-legally required notice provided herein are not intended
to create additional legal rights over and above those forms of legally required
notice as set forth in state law and in the City's Municipal Code.
PASSED, APPROVED, AND AD P__TEDtlri9 7t" day of August, 2010.
i1 DR. LONDRES USO, MAYOR
ATTES
i
MARIA- IS, CITY( TRK
y
STATE OF CALIFORNIA }
COUNTY OF ORANGE )ss.
CITY OF SAN .JUAN CAPISTRANO }
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 10-08-17-03 was duly adopted by the Citx
Council of the City of San Juan Capistrano at a Regular meeting thereof, held on the 17
day of August, 2010, by the following vote:
AYES: , C UNCIL MEMBERS: Hribar, Nielsen, Freese and Mayor Uso
NOES:,,? JC. UNCIL MEMBER: None
ABSENT ?C1 UNCIL MEMBER: Allevato
Il
1
MARIA I� I , City Jerk
3 8/17/2010
EXHIBIT A
city ®f sen ,Juan Capistrano
Public Notice Sign Specifications
For placement and sign building permit information, please contact
t#w Planning Department at(949)443-633 t
41
•• White Space 2.0"
0 Olaek$pace 7.5"
Nice .ofo.;. �. it v Leffer7ng=Arial 280
{opproz 3 high)
0 White Space 1.0"
Proposal Descrip lore Here � Leffvrtnq-Arial 250
(approx 2.5"high)
4' 14.5"white open since I
i
i
Lettering�Arial 200
File No. (File Number hese). �--
(approx 2"high)
I.0'White Space
wWw.sanjuaneapistrano.org below lettering
-.1(- Black Spate 10.5"
Leffer'fng=Arial 200
• R (approx 2"high)
I
91� White Space 2.0'
Caastrute'som:
714'x 4"x 14'
pre-drilled wood poses
4'x 4'x 3/4'
piyvraod or similar material
(which will hold hoavy.doty
staples)
(H)318"x 5"
galvanized machine polis and
ruts{with Washarsl
Set posh 36"below grade and
bociciili with tilrt.
suwwaiwupaxrnw,axe.unxanat�nwwuaruaenrnaumuran.uaau wo*mwimm Ground Level
y �
i
Not to Scale
EXHIBIT A