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Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 21.21.302 relating to noticing requirements for hearings, read and adopted as read. (Citywide)
DISCUSSION
On October 16, 2007, the City Council adopted an emergency ordinance adding additional noticing requirements for all planning permit applications for an interim period of one year (ORD-07-0050). To address residents' concerns over lack of sufficient notice for discretionary hearings, the emergency ordinance requires the following: (1) expansion of the existing 300-foot noticing radius to 500 feet plus two linear block faces in each direction, (2) posting of each subject site using a 30- by 36-inch sign, and (3) notification of all occupants, instead of property owners only, within the radius plus two blocks. In addition, Council directed staff to study the impacts of the interim noticing requirements and recommend amendments to the Zoning Ordinance to provide for increased noticing.
Staff held a community forum on October 1, 2008, to discuss the proposed changes with neighborhood group leaders and interested members of the community. At the forum, staff presented the proposed changes and received comments and opinions from the public. In order to align the changes more closely with the desires of the community, staff made several revisions to the recommendations before moving forward.
On November 6, 2008, the Planning Commission heard this item, and after public testimony, made recommendations that City Council take the following actions: (1) Adopt a requirement for a 500-foot radius, (2) Adopt a requirement that both owners and occupants within this radius be noticed, (3) Change the way the radius is measured, to use the subject site property boundaries instead of the far side of the adjacent public right-of-way, and (4) Adopt a requirement that a 22- by 34-inch notice poster be posted at project sites, with the poster and posting method to be designed by staff. The Planning Commission did not recommend retaining the interim ordinance requirement to notice all properties on two linear block faces from the subject site, as staff has found that it is seldom effective due to the City's irregular street patterns (Exhibit A - Block Pattern Maps). Planning Commission recommended adoption of the slightly reduced poster size on staff's finding that it is more common and will be costeffective to mass-produce, while still being large enough to be very visible to passers-by as intended.
After further consideration, staff recommends that the City Council increase the Planning Commission's recommended 500-feet radius to 750 feet to provide additional noticing to encompass those areas that would have fallen within the 2-block distance. At the Planning Commission meeting, members of the public spoke against increasing the noticing size to 750 feet as recommended by staff, due to the increased cost to applicants. Others, however, commented that the radius should be increased to 1,000 feet. Furthermore, staff recommends increasing the poster size adopted by Planning Commission from 22 by 34 inches to 30 by 40 inches. Staff has considered several prototype poster designs, and currently feels that this larger sign will be most effective.
This letter was reviewed by Assistant City Attorney Michael Mais on May 27, 2009 and by Budget and Performance Management Bureau Manager David Wodynski on May 27,2009.
TIMING CONSIDERATIONS
The interim ordinance adopted on October 16, 2007, had a one-year duration. This ordinance has expired, but staff has continued applying the standards from the interim ordinance until new requirements are adopted permanently.
FISCAL IMPACT
Increased costs associated with the new requirements are paid by the applicants through the permit process. There is no net impact to the General Fund (GP).
SUGGESTED ACTION
Approve recommendation.
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY AMENDING SECTION 21.21.302 RELATING TO NOTICING REQUIREMENTS FOR HEARINGS
Respectfully Submitted,
CRAIG BECK
DIRECTOR OF DEVELOPMENT SERVICES
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PATRICK H. WEST |
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CITY MANAGER |