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HomeMy WebLinkAboutStaff Report 4.B 06/18/2018�p,L� zs5$ DATE: June 18, 2018 TO: FROM: SUBJECT: Agenda Item #4.B Honorable Mayor and Members of the City Council through City Manager Heather Hines, Planning Manager Resolution to Adopt a Public Outreach and On -Site Posting Policy for Major Projects RECOMMENDATION It is recommended that the City Council adopt the attached Resolution to adopt a Public Outreach and On -Site Posting Policy for major projects. BACKGROUND The Planning Commission and City Council have expressed repeated concerns that the City's existing public noticing requirements are not providing adequate opportunity for members of the public to take an active role in the development review process. The Planning Commission considered the attached public outreach and on-site posting policy and unanimously approved a resolution recommending City Council adoption of the policy. Additionally, individual members of the Planning Commission indicated support for additional requirements that the Council may wish to consider, such as increasing the required noticing radius to 1,000 feet and requiring that on-site posting be installed prior to the required neighborhood meeting. These additional items were not part of the Planning Commission's motion or recommendation. DISCUSSION The attached resolution creates a public outreach and on-site posting policy that would apply to major projects (those projects requiring public hearings) and create requirements for neighborhood outreach during the development review process and on-site posting prior to public hearings. These items are presented as an uncodified policy (similar to the demolition policy) but would be incorporated into the next package of Zoning Text Amendments in early 2019. The proposed policy is broken into two primary components: neighborhood outreach; and oars -site posting. Neighborhood outreach, formalizes the standard recommendation provided to applicants as part of the application process. Currently, neighborhood outreach is not required as part of the City's development review process and is only a suggestion. Applicants can choose to approach the community however they want, including not engaging at all. To remedy that, as proposed, the applicant would be required to hold at least one neighborhood meeting prior to being scheduled for public hearing. The policy encourages multiple opportunities for neighborhood input during the review process, but only requires that the applicant facilitate one neighborhood meeting with written notice provided to all property owners and occupants within the City's standard noticing radius of 500 feet in a manner timely enough to encourage public participation. Additionally, the policy requires that the applicant provide planning staff a written summary of all neighborhood outreach efforts to be part of the record presented to the decision makers. The second component of the proposed policy creates a requirement for on-site posting for all public hearings. On-site posting is a noticing requirement employed by many jurisdictions and staff reviewed the requirements in the cities of Santa Rosa, San Rafael, Novato, and Healdsburg. The proposed policy requires on-site posting for all major projects at least ten days prior to a public hearing. The size of the sign is based on the size of the parcel and more than one sign is required for properties with multiple street frontages (corner lots). The required sign content would be similar to other Planning Division standard notices and the applicant would be required to receive administrative approval for the proposed sign, provide verification of installation prior to the public hearing, and to remove the sign at the close of the appeal period of the final decision on the application. The requirement for on-site posting would be in addition to all existing codified public noticing requirements. FINANCIAL IMPACTS All costs associated with implementation of this policy would be the responsibility of the applicant as part of the development review process. ATTACHMENTS 1, Resolution, Public Outreach and On -Site Posting Policy 2. Planning Commission Staff Report, May 22, 2018 3. Planning Commission Resolution No. 2018-16 N ATTACHMENT 1 RESOLUTION ADOPTING A PUBLIC OUTREACH AND ON-SITE POSTING POLICY FOR MAJOR PROJECTS WHEREAS, public participation has been a critical component in the growth and evolution of the City of Petaluma, including the adoption of General Plan 2025; and WHEREAS, the Implementing Zoning Ordinance includes minimum legal noticing requirements based on the type of entitlement being sought; and WHEREAS, the City strives to increase transparency and encourage public participation in the planning process; and WHEREAS, broader public outreach would improve and supplement existing legal noticing requirements and enhance public participation in the development process; and WHEREAS, this policy has been reviewed for compliance with the California Enviromnental Quality Act and is considered categorically exempt pursuant to California Environmental Quality Act Guideline Section 15601(b)(3) (General Rule) in that the proposed policy does not have the potential to have an adverse impact on the environment; and, WHEREAS, on May 22, 2018 the Planning Commission considered a public outreach policy to include requirements for on-site posting for public hearings and early neighborhood involvement for major projects (those projects requiring public hearings); and, WHEREAS, on May 22, 2018 the Planning Commission approved Resolution No. 2018- 16 recommending City Council adoption of said public outreach and on-site posting policy; and, WHEREAS, at a duly noticed public meeting on June 18, 2018, the City Council considered the Planning Commission's recommendation and received public input on the public outreach policy to include requirements for on-site postings for public hearings and early neighborhood involvement for major projects (those projects requiring public hearings). NOW, THEREFORE, BE IT RESOLVED that the City of Petaluma City Council adopts a public outreach and on-site posting policy for major projects as follows: 1. Neighborhood Outreach When a major project is within, immediately adjacent to, or in close proximity to a residential neighborhood, the applicant shall conduct neighborhood outreach to inform and solicit feedback from the neighbors before being scheduled for a public hearing. A. Approach. The applicant is encouraged to utilize various methods for soliciting neighborhood input and to offer multiple opportunities for input during the review process. At a minimum, the applicant shall hold at least one neighborhood meeting prior to public hearing for all major projects. The meeting shall be open to the public and the applicant's representatives available for comment. ATTACHMENT 1 B. Location. The applicant shall arrange a suitable location to host the meeting, whether on site or in close proximity to the project site. If it is anticipated that there will be heavy community feedback regarding the project, the applicant may not be able to accommodate the meeting in the immediate project vicinity due to the size of available space. In this case the applicant shall select a convenient location to the maximum extent possible. C. Written Notice. Written notice of the neighborhood meeting shall be provided to all property owners and occupants within the City's standard noticing radius at least ten days prior to the neighborhood meeting. D. Timing. The neighborhood meeting shall be held before the project is scheduled for public hearing. The applicant is encouraged to solicit neighborhood input early in the process to ensure meaningful engagement and the opportunity to respond to input in the project design. Additionally, for larger projects, the applicant is encouraged to conduct neighborhood outreach multiple times during the design process. E. Summary. A copy of the public notice sent to neighbors shall also be sent to the Plaiming Division to the attention of the project planner. Prior to the public hearing on the project, the applicant shall provide staff a written summary of all neighborhood outreach efforts, including date, time, place, attendance, and primary interest topics. 2. On -Site Posting When a major project requires a public meeting or hearing, the applicant shall install a sign on the subject property in a place conspicuous to the public, at least 10 days before the scheduled public hearing, as follows: A. Size. The size of the sign shall comply with the following requirements: Parcel Size Minimum Sign Area Under 6,000 square feet or store front 6 square feet 6,000 to 20,000 square feet 12 square feet 20,001 to 1 acre 24 square feet Over 1 acre 32 square feet B. Height. The sign height shall not exceed six feet. C. Number of Signs. One sign shall be displayed on each public street frontage of the subject site. ATTACHMENT 1 D. Placement. The sign shall be placed in a position most visible to the public. On a corner parcel the sign(s) shall not be located in the vision triangle. Signs shall be set back at least five feet inside the property for those properties within residential zoning districts and at least one foot inside the property line for commercial, mixed use, business park, and industrial zoning districts. For properties located in other zones, including Planned Unit Development or Planned Community District, the sign placement shall assume the minimum setback for a similar type zone. For properties with a zero front setback or full lot coverage (MU2), the required sign may be posted in the front storefront window or be affixed to the front of the building. E. Content. Content for the sign(s) shall be consistent with a format established by the City and approved by staff prior to installation. Sign content shall contain the following: a. Date, time, and place of the hearing and the name of the reviewing authority. b. Name of the applicant, the City's file number assigned to the application, requested entitlements, general project description. c. Statement regarding compliance with the California Environmental Quality Act (CEQA) and level of environmental review, including statement if the reviewing authority will also consider an environmental document (Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report). d. Project planner and contact information where an interested person could call or visit to obtain additional information. F. Verification. On or before the required date of on-site posting, the applicant shall submit a signed affidavit verifying the installation of the sign. G. Removal. The sign(s) shall be removed within 15 days of final decision on the application(s) or withdrawal of the application. H. Other Noticing. These on-site sign provisions do not eliminate or modify existing noticing requirements as outlined in the Implementing Zoning Code. ATTACHMENT 2 DATE: May 22, 2018 TO: Planning Commission FROM: Heather Hines, Planning Manager SUBJECT: Public Outreach Policy and On -Site Posting RECOMMENDATION It is recommended that the Plam- ing Commission approve a resolution recommending that the City Council adopt a Public Outreach and On -Site Posting Policy for Major Projects. BACKGROUND There has been ongoing concern expressed by the Planning Commission and City Council that the City's existing public noticing requirements are not providing adequate opportunity for members of the public to take an active role in the development review process. This was recently echoed by both the Planning Commission and members of the public with regards to the Safeway Fuel Center project. DISCUSSION The attached resolution creates a public outreach and on-site posting policy that would apply to major projects (those projects requiring public hearings) and create requirements for neighborhood outreach during the development review process and on-site posting prior to public hearings. These items are presented as an uncodified policy (similar to the demolition policy) but would be incorporated into the next package of Zoning Text Amendments in early 2019. The proposed policy is broken into two primary components: neighborhood outreach and on-site posting. The first, neighborhood outreach, formalizes the standard recommendation provided to applicants as part of the application process. Currently, neighborhood outreach is not required as part of the City's development review process and is only a suggestion. Applicants can choose to approach the community however they want, including not engaging at all. To remedy that, as proposed, the applicant would be required to hold at least one neighborhood meeting prior to being scheduled public hearing. The policy encourages multiple opportunities for neighborhood input during the review process, but only requires that the applicant facilitate one neighborhood meeting with written notice provided to all property owners and occupants within the City's standard noticing radius of 500 feet in a manner timely enough to encourage public participation. Additionally, the policy requires that the applicant provide to planning staff a written summary of all neighborhood outreach efforts to be part of the record presented to the decision makers. 2®1 The second component of the proposed policy would create a requirement for on-site posting for all public hearings. On-site posting is a noticing requirement employed by many jurisdictions and staff consulted the requirements in the cities of Santa Rosa, San Rafael, Novato, and Healdsburg as examples. The proposed policy would require on-site posting for all major projects at least ten days prior to any public hearing. The size of the sign is based on the size of the parcel and more than one sign is required for properties with multiple street frontages (corner lots). The required sign content would be similar to other Planning Division standard notices and the applicant would be required to receive administrative approval for the proposed sign, provide verification of installation prior to the public hearing, and to remove the sign at the close of the appeal period of the final decision on the application. The requirement for on-site posting would be in addition to, and not modify, any existing codified public noticing requirements. Coordination with local sign companies to prepare the sign template will be important to ensure that on site posting does not become overly time consuming or expensive for applicants. Staff has reached out to several local sign companies to better understand the applicable costs and will be prepared to share this information with the Commission at the May 22nd meeting. ATTACHMENTS A. Resolution, Public Outreach and On -Site Posting Policy 2-® 2 ATTACHMENT 3 RESOLUTION 2018-16 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT A PUBLIC OUTREACH AND ON-SITE POSTING POLICY FOR MAJOR PROJECTS WHEREAS, public participation has been a critical component in the growth and evolution of the City of Petaluma, including the adoption of General Plan 2025; and WHEREAS, the Implementing Zoning Ordinance includes minimum legal noticing requirements based on the type of entitlement being sought; and WHEREAS, the City strives to increase transparency and encourage public participation in the planning process; and WHEREAS, broader public outreach would improve and supplement existing legal noticing requirements and enhance public participation in the development process; and WHEREAS, this policy has been reviewed for compliance with the California Environmental Quality Act and is considered categorically exempt pursuant to California Environmental Quality Act Guideline Section 15601(b) (3) (General Rule) in that the proposed policy does to have the potential to have an adverse impact on the environment; and, WHEREAS, on May 22, 2018 the Planning Commission considered a public outreach policy to include requirements for on-site signs for public hearings and early neighborhood involvement for major projects (those projects requiring public hearings). NOW THEREFORE BE IT RESOLVED that the City of Petaluma Planning Commission recommends that the City Council adopt a public outreach policy for major projects as follows: 1. Neighborhood Outreach When a major project is within, immediately adjacent to, or in close proximity to a residential neighborhood the applicant shall conduct neighborhood outreach to inform and solicit feedback from the neighbors before being scheduled for a public hearing. A. Approach. The applicant is encouraged to utilize various methods for soliciting neighborhood input and to offer multiple opportunities for input during the review process. At a minimum, the applicant shall hold at least one neighborhood meeting prior to public hearing for all major projects. The meeting shall be open to the public and the applicant's representatives available for comment. B. Location. The applicant shall arrange a suitable location to host the meeting, whether on site or in close proximity to the project site. If it is anticipated that there will be heavy community feedback regarding the project, the applicant may not be able to accommodate the meeting in the immediate project vicinity due to the size of available space. In this case the applicant shall select a convenient location to the maximum extent possible. Planning Commission Resolution No. 2018-16 Page 1 C. Written Notice. Written notice of the neighborhood meeting shall be provided to all property owners and occupants within the City's standard noticing radius at least ten days prior to the neighborhood meeting. D. Timing. The neighborhood meeting shall be held before the project is scheduled for public hearing. The applicant is encouraged to solicit neighborhood input early in the process to ensure meaningful engagement and the opportunity to respond to input in the project design. Additionally, for larger projects the applicant is encouraged to conduct neighborhood outreach multiple times during the design process. E. Summary. A copy of the public notice sent to neighbors shall also be sent to the Planning Division to the attention of the project planner. Prior to the public hearing on the project, the applicant shall provide staff a written summary of all neighborhood outreach efforts, including date, time, place, attendance, and primary interest topics. 2. On -Site Posting When a major project requires a public meeting or hearing, the applicant shall install a sign on the subject property in a place conspicuous to the public, at least 10 days before the scheduled public hearing, as follows: A. Size. The size of the sign shall comply with the following requirements: Parcel Size Minimum Sign Area Under 6,000 square feet or store front 6 square feet 6,000 to 20,000 square feet 12 square feet 20,001 to 1 acre 24 square feet Over 1 acre 32 square feet Height. The sign height shall not exceed six feet. C. Number of Signs. One sign shall be displayed on each public street frontage of the subject site. D. Placement. The sign shall be placed in a position most visible to the public. On a corner parcel the sign(s) shall not be located in the vision triangle. Signs shall be setback at least five feet inside the property for those properties within residential zoning districts and at least one foot inside the property line for commercial, mixed use, business park, and industrial zoning districts. For properties located in other zones, including Planned Unit Development or Planned Community District, the sign placement shall assume the minimum setback for a similar type zone. For properties with a zero front setback or full lot coverage (MU2) the required sign may be posted in the front storefront window or be affixed to the front of the building. E. Content. Content for the sign(s) shall be consistent with a format established by the city and approved by staff prior, to installation. Sign content shall contain the following: a. Date, time, and place of the hearing and the name of the reviewing authority. b. Name of the applicant, the City's file number assigned to the application, requested entitlements, general project description. -2 Planning Commission Resolution No. 2018-16 Page 2 c. Statement regarding compliance with the California Environmental Quality Act (CEQA) and level of environmental review, including statement if the reviewing authority will also consider an environmental document (Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report). d. Project planner and contact information where an interested person could call or visit to obtain additional information. F. Verification. On or before the required date of on-site posting, the applicant shall submit a signed affidavit verifying the installation of the sign. G. Removal. The sign(s) shall be removed within 15 days of final decision on the applications) or withdrawal of the application. H. Other Noticing. These on-site sign provisions do not eliminate or modify existing noticing requirements as outlined in the Implementing Zoning Code. ADOPTED this 22nd day of May, 2018, by the following vote: Commission Member Aye Councilmember Healy X Chair Benedetti- Petnic X Alonso X Bauer X Gomez Marzo Vice Chair Wolpert X ATTEST: No Absent X X Abstain Gina Benedetti - Petnic, Chair W2 is 01�1�1.7_ 1101W01 1, A7 Heather Hines, Commission Secretary Lisa Tennenbaum, Assistant City Attorney Planning Commission Resolution No. 2018-16 Page 3