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Home My WebLink AboutORD 02-18 Notification Requirements for DRC ProjectsORDINANCE NO. 02 -18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING SECTION 17.08.040 OF THE ORANGE MUNICIPAL CODE TO ESTABLISH NOTIFICATION REQUIREMENTS FOR DESIGN REVIEW PROJECTS INVOLVING CONSTRUCTION OF SECOND STORIES OR ADDITIONAL UNITS ON PROPERTIES IN RESIDENTIAL ZONES WITHIN THE BOUNDARIES OF AN ESTABLISHED HISTORIC DISTRICT. WHEREAS, at the December 12, 2017 City Council meeting, the Council reviewed and adopted an update to the Historic Preservation Design Standards for Old Towne; and WHEREAS, at that same meeting, the City Council directed staff to prepare an Ordinance Amendment to establish notification requirements for Design Review projects involving construction of second stories or additional units on properties in residential zones within the boundaries of established historic districts; and WHEREAS, the City of Orange contains three established historic districts: 1) the Plaza Historic District, designated in the National Register of Historic Places in 1982; 2) the local Old Towne Historic District, designated by City Council in 1991; and 3) the Old Towne Historic District, designated in the National Register of Historic Places in 1997, and may establish additional historic districts in the future; and WHEREAS, the City desires to provide nearby property owners and residents the opportunity to comment in a public meeting on proposed projects in established historic districts that may affect the aesthetics, privacy, or enjoyment of their properties; and WHEREAS, the amendment of Orange Municipal Code Section 17.08.040 requires that notice of the public meeting of the Design Review Committee to consider these projects shall be posted at the subject property and mailed to property owners and occupants within 300 feet of the subject property; and WHEREAS, the proposed ordinance amendment is not a project pursuant to California Environmental Quality Act (CEQA) Guideline 15378, because changes to the noticing requirements for projects could not have the potential to result in a direct or reasonably foreseeable indirect physical change to the environment; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on January 15, 2018, at which time interested persons had an opportunity to testify either in support of or in opposition to the proposed ordinance amendment and recommended its approval to the City Council; and WHEREAS, the City Council conducted a duly advertised public hearing on February 13, 2018, at which time interested persons had an opportunity to testify either in support of or in opposition to the proposed ordinance amendment; and WHEREAS, the City Council finds that the proposed ordinance amendment will serve the public health, safety and welfare of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Title 17, Chapter 17.08, Section 17.08.040 is hereby amended to read as follows: 17.08.040 - Notice of Hearings. A. General. Notice shall be given in accordance with State Law for all hearings requiring notice, as set forth in Table 17.08.040. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. Table 17.08.040 Type of Procedure, Permit or Surrounding Property Publication and /or Hearing Owners Posting Other Appeal a) Conditional Use Permit Yes Publish or Post Demolition Permit, Old Towne b) Design Review (Historic District)Yes Post d) Development Agreement Yes Publish Environmental Impact Report b) General Plan Amendment (Map)Yes Publish General Plan Amendment (Text)No Publish Negative Declaration b) Site Plan Review —Major Yes Publish or Post Site Plan Review —Minor No Post Tentative Tract Map Yes Publish Variance Yes Publish or Post Zone Change Yes Publish Zoning Ordinance Amendment No Publish c) Ordinance No. 02 -18 2 NOTES: a) Notification shall occur in same manner as was required for the original permit issuance b) Notification shall be required in accordance with California Environmental Quality Act c) In the event the amendment affects the permitted uses of real property, owners of subject real property and surrounding properties shall also be notified. d) Notification of the public meeting of the Design Review Committee shall occur for any Design Review project involving construction of a new second story, an addition to an existing second story, or construction of additional units, on property in a residential zone within the boundaries of an established historic district. Notices shall be mailed to property owners and occupants within 300 feet of the subject property, pursuant to OMC 17.08.040.13. B. Noticing Requirements. 1. For all hearings requiring public notification, the following shall apply: a. Property Owner. Notice of hearing shall be mailed or delivered to the owner of the subject real property or to the owner's duly authorized agent. b. Project Applicant. Notice shall be mailed or delivered to the project applicant c. Request for Notification. Notice of the hearing shall also be mailed or delivered to any person who has filed a written request for the notice with either the clerk of the governing body or with another person designated by the governing body to receive such requests. 2. For all hearings requiring notification of surrounding property owners, the following shall apply: a. Notice of the hearing shall be mailed or delivered to all owners of real property, as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the City may use records of the County Assessor or Tax Collector, whichever contains more recent information than the assessment roll. b. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand (1,000), the City, in lieu of mailed or delivered notice, may provide notice by placing an advertisement of at least one - eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted. 3. For all hearings requiring publication of notice, notice shall be made by publication in a local newspaper of general circulation in the City no less than one time. 4. When notice may be provided through either publication or posting, the Community Development Director shall determine whether to publish or post the notice, and the following shall apply: a. If notification is to be provided by publication, it shall occur in accordance with subsection B3 above. Ordinance No. 02 -18 3 b. If notification is to be provided by posting, then notice shall be posted in at least three public places within City boundaries, including one place in the area directly affected by the proceeding. SECTION II: Pursuant to California Environmental Quality Act (CEQA) Guideline 15378, the Zoning Ordinance Amendment is not a project, because project noticing is an administrative activity of a local government that does not have the potential to result in a direct or reasonably foreseeable indirect physical change to the environment. Because the amendment is not a project, it is not subject to the provisions of CEQA and no public environmental review is required. SECTION III If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION IV A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage ADOPTED this 13th day of March 2018. Teres E. Smith, May r, City of Orange ATTEST: a Mary E. City Clerk, City O ange Ordinance No. 02 -18 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 13th day of February 2018, and thereafter at the regular meeting of said City Council duly held on the 13th day of March 2018, was duly passed and adopted by the following vote, to wit: AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary 4y, City C erk, Cit o range Ordinance No. 02 -18 5