Agenda - 09-08-2015 - C2 - Laserfiche WebLink

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66 2.12.5 Notification of Board Action (A) Within five working days after Board action, the Planning Director shall have available in the Planning Department's office a notice of decision of the Board's action. (B) The Planning Director shall notify the parties to an application or appeal of the Board's disposition. This includes the applicant, the property owner if different from the applicant, or any individual who has submitted a written request for a copy prior to the date the decision becomes effective. This notice shall be made by registered or certified mail within five working days of the Board's actions. (C) The Planning Director shall keep a copy of the Board's action on file. 2.12.6 Notice Requirements for Matters Before the Board (A) For matters other than applications for Class B Special Use Permits which are not published in a newspaper42, the T4;e Board shall give notice of matters coming before it by causing notice to be placed in a newspaper of general circulation in Orange County. The notice shall appear once a week for two consecutive weeks, the first insertion to be not less than ten days nor more than 25 days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (B) In the case of application for a Class B Special Use permit or variance the Planning Director shall give written notice by certified mail to adjacent property owners. This notice shall be giYGR R9t IGS° than 45 days mailed at least ten days but not more than 25 days prior to the meeting date. Adjacent property owners are those whose property lies within 500 feet of the affected property and whom are currently listed as property owners in the Orange County tax records.43 (C) The Planning Director shall post on the affected property a notice of the Board meeting at least ten days but not more than 25 days44 prior to the meeting date. (D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the Planning Director shall give written notice by certified mail to the property owner, and/or person(s) engaged in the alleged violation. Notification of adjacent property owners, posting of property, and publication of a hearing notice is not required. SECTION 2.13: EXEMPT SUBDIVISIONS 2.13.1 Generally (A) Persons proposing divisions of la not constitute a subdivision must request a determination of an exempt ision sta . the Planning Director. Activities that do not constitute a vision are found in Section 7. . . (B) One of the final mylar plat and three paper copies of the plat sha bmitted with e request for a determination for an exempt subdivision. 42 The Staff Attorney has suggested that public hearings for SUPS not be included in legal advertisements since the general public does not have standing in such matters and cannot participate. (State Statutes do not require legal ads for SUP applications). As shown in the remainder of this section,a notice would still be posted on the affected parcel and adjoining property owners would receive mailed notification of the hearing date(which they would also have been informed of via the Neighborhood Information Meeting materials). 43 Language modification suggested to be consistent with Statutes and to ensure that the outer limit of 25 days in not inadvertently missed. Staff also notes that Statutes do not require notifications to be mailed via certified mail and require that abutting property owners be sent notifications. Orange County chooses to require certified mail and to extend the notification distance to 500-feet. 44 Language modification suggested to be consistent with Statutes and to ensure that the outer limit of 25 days in not inadvertently missed.