Legislation Details

File #: HIST-10432    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 1/26/2009 Final action: 1/26/2009
Title: Discussion of Community Involvement in the Development Process and Direction to Staff.
Attachments: 1. Discussion of Community Involvement in the Develop - A-2_Discussion of Early Community Involvement on Projects_final.doc, 2. Discussion of Community Involvement in the Develop - Community Involvement Development Process.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends the City Council receive the report on early community involvement in the development process and direct staff as deemed appropriate. BACKGROUND: At its August 13, 2008 Council meeting the Council requested information about the process for obtaining community input on discretionary development projects. On September 22, 2008 staff provided a report to the Council in response to their request. The staff report (Attachment No. 1) outlined the current process for review and noticing of discretionary development projects. The Council directed staff to continue the item to a later date and asked that staff research what other communities do for public notification, provide information on project thresholds, and determine what possible strategies the City might apply to the development process. A workshop about public notification to provide different options for the City Council was also suggested. DISCUSSION: Current Process As noted in staff’s previous report to the City Council, in recognition of the importance of community involvement throughout the application process, staff has commenced with requirements for applicants to submit a plan for community involvement outlining proposed outreach, meetings, and any other methods they intend to use to solicit community input as part of their formal application submittal. Meeting Date: 01/26/09 Item Number: A-2 AGENDA ITEM: Discussion of Community Involvement in the Development Process and Direction to Staff. Contact Person/Dept.: Thomas Gorham, Planning Manager Sol Blumenfeld, Director Phone Number: (310) 253-5727 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [ ] Action Item: [X] Attachments: [] Public Notification: Master Notification List (01/21/09); Mailed notice to all Culver City Homeowner Groups (01/15/09) –check with Lisa Department Approval: Sol Blumenfeld (01/21/09) City Attorney Approval: Carol Schwab (by H. Baker)(01/21/09) Fiscal Impact Review: Jeff Muir (by N. Kimball)(01/21/09) City Manager Approval: Jerry B. Fulwood (01/21/09) City of Culver City, California City Council Agenda Item Report The applicant is also required to submit a summary of the results of any community meetings and what if any changes to the project were a result of community input. The following summarizes the development application process in Culver City and opportunities for community input: 1. Initial meeting with Planning Division staff to discuss proposed project at a preliminary stage 2. Applicant solicits community input 3. Preliminary Project Review (PPR) submittal 4. Applicant meets with community 5. Formal Application submittal 6. Project First Notice Letter sent 7. Applicant meets with community 8. Public Hearing Notice sent 9. Public Hearing 10. Project Decision Survey of Other Cities Staff surveyed the Cities of Santa Monica, West Hollywood, Los Angeles, Beverly Hills and Burbank to determine what type of public notification and community involvement they require for development projects. Attachment No. 2 is a table outlining what each of these cities require. As indicated in the table, most of the cities surveyed have similar processes to Culver City in terms of application requirements and public notice radius and timing. Only Santa Monica requires pre-notice of an application prior to formal application filing. The Cities of Los Angeles, Burbank, and Santa Monica post lists of new applications on their web sites. The Cities of Burbank and West Hollywood require and facilitate a community meeting prior to the official public hearing. Los Angeles is the only city with officially recognized “neighborhood councils”. The neighborhood councils are notified of applications and can choose to require that applicants present the project for comment and recommendation. Alternatively, the Planning Department may refer the matter to the neighborhood council. Other Possible Early Notification Strategies The Institute of Local Government’ Collaborative Governance Initiative has published an informative article in a recent edition of Western Cities Magazine regarding obtaining public input.|1010| The Institute points out that “each local effort to develop a public involvement process is unique. Each issue or policy is different, including the number or demographics of those participating, the specific means City of Culver City, California City Council Agenda Item Report through which participants generate ideas and recommendations, and the way local officials ultimately use the results in their decision making.” This suggests that each city must evaluate its own public information needs and tailor the process to fit those needs. A very large city like Los Angeles, may need to decentralize decision making by delegating some of the preliminary decision making process to a neighborhood body like a neighborhood council whereas a smaller or medium sized city may be able to effectively use the conventional hearing process involving Commission and Council but supplement the decision making with additional preliminary meetings prior to hearings. The Institute postulates that “engaging the public in municipal planning is typically not an easy task, and there is no one correct way to proceed. In addition to the challenge of matching the right sort of civic participation to the particular planning requirement at hand, these efforts may draw heavily on an agency's staff, time and financial resources. It can be a challenge to attract a broader set of participants than those who might normally show up, and the whole process may not always turn out as well as hoped. However, if done strategically and well, the benefits described above almost always outweigh the costs -- or the risks.” According to the Institute, it is important to ask the following questions regarding expanding the public engagement process: 1. Do you have the necessary time and resources? Engaging in a public involvement process when the decision (or a major part of it) is already made -- or when it is too late to integrate meaningful changes -- will probably lead to frustration for everybody and may reinforce mistrust in local officials. Such processes may also draw significantly on staff time and/or the use of consultants. A full civic engagement effort must be well prepared for and well managed to succeed. Take time to clarify responsibilities and start the process early. 2. Is local political leadership on board? Appropriate political leadership should agree on the engagement purpose, process and how the public input will be used. It is essential that staff and elected officials understand clearly the planned engagement process(es) and the role of appropriate agency staff. 3. Is there history that needs attention first? In some cases, a history of mistrust or a divisive political battle causes significant polarization in the community around planning issues, and an "airing out" process may be needed before or as part of a participatory planning effort. Existing divisiveness may also indicate that a civic engagement effort would be better developed jointly with the community, not launched by government alone. City of Culver City, California City Council Agenda Item Report 4. How will talk be linked to action? It is important to establish clearly from the outset how public officials will use the planning ideas, recommendations or agreements that result from public participation. This should be part of a consistent message delivered to the public by everyone involved. Confusion here will cause trouble throughout the process. 5. Will your purpose lead your process? Too often, civic engagement planning starts with discussion about the number of public meetings to hold and who to invite rather than grappling with the sort of information that the agency wishes to have from its residents as part of the planning process. Do you want a snapshot of public opinion, a deeper sense of what the public values, collectively ranked general preferences, the community's vision of the future, the most favored design idea, specific and consensus-based plan language, more agreement on a particularly controversial aspect of the plan -- or a combination of these things? a. Seeking collective and detailed recommendations generally requires that participants have more information, more time to address differences and grapple with alternatives, and good facilitation. Broader participation generally helps to provide a fuller picture of opinion and ideas and to secure community support for the outcome. Smaller numbers typically work better to address alternatives and trade-offs to help formulate specific plan elements. Combining both within a common engagement framework may be the best approach (depending on the nature of the planning to be done), but don't expect all possible outcomes from any single approach. 6. How will participants be selected? There are many approaches to determining who should attend a more participatory planning process. Generally, choices include self-selection (open to all who want to attend), invitation to either groups or individuals, or a more rigorous random sampling (perhaps through random address selection or phone calls). An online component may allow for greater flexibility in any of these approaches. Each selection method has its place and one may complement another, but each also has potential drawbacks. Random sampling may get you a representative but transitory picture of community opinion. Meetings open to all may produce new voices or only those who usually participate. Inviting selected individuals or groups may encourage important stakeholders to attend or just limit the range of voices at the table. a. Local officials should determine whether the emphasis will be on the participation of organized stakeholders or members of the broader community or a combination of both. Generally, more deliberative planning processes require more balanced participation for legitimacy and to City of Culver City, California City Council Agenda Item Report capture the full range of opinion in the community. This suggests ensuring that participants representing various populations and views are in the room, whether it's a large meeting or stakeholder oriented. 7. How can you achieve greater diversity in participation? Reaching beyond "the usual" participants requires a conscious plan, systematic efforts and help from people who already have knowledge about and relationships with the communities and constituencies you want to include. Reach out to local media, clergy and congregations, leadership and advocacy groups and others that serve your less involved populations. Co-sponsor participation processes with trusted local groups at their facilities. Provide language-accessible materials and activities. With other groups, create a long-term plan to help develop leadership and participation from less engaged communities. 8. Is there a communications plan? A process that engages dozens or even hundreds of individuals in deliberative discussions may result in increased knowledge and consensus about a plan among those individuals. However, others will also have an opinion, and broad support may be needed for successful implementation. Develop a communications plan, inform external media and use agency communication vehicles to let residents and others know about the process, how it's going and its outcomes. This amplifies the benefits of your engagement process. 9. Will you follow up with participants and the community? Good public deliberation efforts include telling public participants how policy-makers used the recommendations that resulted from these processes. If some ideas weren't used, explaining the reason why demonstrates respect for the participants. Celebrate completion of the process with everyone who contributed. 10. How will you learn from the experience? Using input from process participants, staff and others, take the time to review what worked and didn't work. Use this information the next time you begin a public participation process. CONCLUSION As outlined above, most cities surveyed have similar public participation processes to Culver City which involves one or more public hearings by Commission and Council. The standardized methods for involving the community in those hearings can be enhanced by supplementing the hearings with preliminary community meetings. There are practical benefits for public involvement. These include: City of Culver City, California City Council Agenda Item Report  Improved plans that are more likely to remain intact over time if they have been developed by supportive public constituencies generated through direct participation;  Reduced potential for ongoing disputes among stakeholders and contentious battles before city councils and planning commissions;  Strong community buy-in through public engagement strategies may ultimately facilitate development and reduce project slowdowns and associated costs; and  Meaningful public involvement can produce an enhanced sense of community and a more general trust in government. Staff recommends that the City Council review the information provided herein and provide direction to staff on any possible changes to the City’s processes. FISCAL IMPACT: Discussion of this topic does not create a fiscal impact. However, based upon any modifications the City Council may deem necessary, additional notification and staff coordination efforts would have an associated cost. Consequently, the cost recovery level of any fee based activities that requires additional staff time to complete additional public involvement (e.g. Site Plan Review, Variances, Conditional Use Permits, etc.) will be impacted. If the City Council wishes to maintain current cost recovery levels, there will be an associated increase in the fee. Depending on the level of public involvement and the resulting impact on staff time, the increase may be significant. Alternatively, the City Council may decide to subsidize the public involvement costs. Since the actual impact on staff time will not be known until any new process is implemented and utilized, the fees may not be adjusted to capture the actual cost for a few fiscal years. As a best management practice, the City plans on having an outside consultant conduct another comprehensive fee study within the next 2 or 3 years. At that time, a more accurate accounting of costs will be determined. NOTES: 1. Series from Western Cities Magazine, 2008, Terry Amsler, Program Director, The Institute of Local Government’ Collaborative Governance Initiative City of Culver City, California City Council Agenda Item Report ATTACHMENTS: 1) September 22, 2008 City Council Staff Report 2) Summary Table of Other Cities Requirements MOTION: That The Council: Receive and file the report and direct staff as deemed appropriate. MEETING DATE: 01/26109 AGENDA ITEM: Discussion of Community Involvement in the Development Process ATTACHMENTS Paces 1.September 22, 2008 City Council Staff Report 1-4 2. Summary Table of Other Cities Requirements 5-7A-rre-H-tarrii City of Culver City, California City Council Agenda Item Report Meeting Date: 09/22/2008 Item Number: A-3 AGENDA ITEM: Discussion of Community Input on Discretionary Development Projects Contact Person/Dept.: Thomas Gorham, Phone Number: (310) 253-5727 Planning Manager , Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [j Action Item: [X] Attachments: ] Public Notification: Master .EMaiI Notification List (09/17/08) Department Approval: Sol Blumenfeld (09/11/08) City Attorney Approval: Carol Schwab (by H. Baker)(09/16/08) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (09/17/08) City Manager Approval: Jerry B. Fulwood (09/17/08) RECOMMENDATION: and file the report on community input on staff as deemed appropriate. Council requested information about the discretionary development projects. reviewed by the Planning Commission and conditional use permits, tentative tract plan and zoning code amendments also Commission and the City Council have these entitlements based on required starts with the applicant meeting with project at a preliminary stage. At standards the project will be subject to as conditional use permit, tentative tract review process through which the project staff encourages the applicant to meet with to the project to obtain early input on the Staff provides the applicant with Homeowners Association (HOA) or other of the proposed project. Staff recommends the City Council receive discretionary development projects and direct BACKGROUND: At its August 13, 2008 Council meeting the process for obtaining community input on Typical development projects which are the City Council include site plan reviews, maps (subdivisions), variances, and general referred to as "entitlements". The Planning discretionary authority to approve or deny findings. The typical path for a discretionary project Planning Division staff to discuss their proposed this time staff goes over the development well as the entitlements (i.e. site plan review, map, etc.) the project will need, and the must proceed. At this preliminary stage the community or neighborhood adjacent proposed project prior to submitting an application. the name and contact information for any citizen group and any businesses in the vicinityCity of Culver City, California City Council Agenda Item Report The first step in the application process is Preliminary Project Review (PPR). At this stage preliminary plans (typically a site plan and elevations) are submitted by the applicant. The plans are routed to the various City departments for internal review and comment. Approximately two weeks following PPR submittal, the applicant meets with the City's Project Review Committee (PRC) which is made up of representatives of the various City departments (Public Works/Engineering, Building Safety, Fire, Transportation, Police, City Attorney, and Redevelopment) that review the plans and provide comments and direction to the applicant. This is a staff only meeting where the various departments go over their comments on the proposed project with the applicant. The PPR process is intended to help streamline the application process by providing the applicant with early input on entitlement and code requirements, design recommendations, environmental issues, neighborhood issues, noticing requirements, fees, and identification of any necessary technical studies to which the project may be subject. The applicant can then decide if they want to continue in the application process and, if so, proceed to prepare refined plans and any necessary technical studies (i.e. traffic study, noise study, geotechnical study, etc) that may be required for the project prior to formal application submittal. Following the PPR stage, an applicant then submits a formal application which includes a formal written project description, detailed project plans addressing any issues identified at the PPR stage, any necessary technical studies and reports, and payment of all applicable fees. Submittal of the formal application can take up to six months following the initial PPR review. Once a formal application is submitted, a Project First Notice Letter is sent to all properties owners and occupants within a 500 foot radius (extended to the end of the block if mid block) of the subject site and to all HOA's within the vicinity of the project. The First Notice Letter describes the proposed project, provides the applicant information, and contains information on the availability of the plans for review. The letter also notes that once a hearing date for the proposed project is determined, an official public hearing notice will be mailed out at least 21 days in advance of the hearing. At the formal application stage, staff again encourages the applicant to meet with the community for comment and input on the proposed project prior to the public hearing. Following submittal of the formal application, the project plans are routed again to the various City departments and a second PRC meeting is held where staff provides the applicant with final comments and recommended conditions for the project. Following the PRC meeting, the planning staff makes a determination on whether or not the application can be deemed complete. If deemed complete, the project is then scheduled for a public hearing which typically occurs within 60 days. If staff cannot deem the application complete, the applicant is informed of what additional information is required before the application can be deemed complete and scheduled for public hearing.City of Culver City, California City Council Agenda Item Report Once a public hearing date is established, a formal public hearing notice is mailed to all owners and occupants of property within a 500 foot radius (extended to the end of the block if mid block), all HOA's within the vicinity of the project, any interested party, and the master e-mail notification list at least 21 days prior to the public hearing. In addition, a sign is posted along each project street frontage with information about the project and the date of the public hearing. DISCUSSION: As outlined above, the pubic input and participation occurs at various stages of the application process. First, the applicant is encouraged to meet with the community prior to fully developing project plans and formal application submittal to identify and address any neighborhood concerns early on. Second, once a formal application has been submitted, a project First Notice Letter is sent out and the applicant is again encouraged by staff to meet with the community. Finally, once a public hearing date has been set, an official public hearing notice is mailed and the project site is posted with a sign at least 21 days in advance of the hearing date inviting the public to participate in the hearing process. The City Council has made it clear that public participation in the development process is important to the Council and to the community. In recognition of the importance of community involvement throughout the application process, staff recently commenced with requirements for applicants to submit a plan for community involvement outlining proposed outreach, meetings, and any other methods they intend to use or have used to adequately present the project to the community and to solicit community input outside of the public hearing process. This Public Participation Plan must be submitted as part of their formal application submittal. The applicant is also required to submit a summary of the results of any community meetings and outreach and how the applicant addressed the public concerns and what if any changes to the project were a result of community input. The following summarizes the development application process and opportunities for community input: 1. Initial meeting with Planning Division staff to discuss proposed project at a preliminary stage 2. Applicant solicits community input 3. Preliminary Project Review (P PR) submittal 4. Applicant meets with community 5. Formal Application submittal 6. Project First Notice Letter sent 7. Applicant meets with communityCity of Culver City, California City Council Agenda Item Report 8. Public Hearing Notice sent 9. Public Hearing 10. Project Decision Based upon the City Council's direction, staff has prepared this report to both provide the City Council with information on the City's current process and allow the City Council an opportunity to provide comment and direction on this subject. The City Council may determine that the current process meets the City Council's goals or the Council may determine to provide additional measures related to public participation in the development process. FISCAL IMPACT: Discussion of this topic does not create a fiscal impact. However, based upon any modifications the City Council may deem necessary, additional notification efforts would have an associated cost. ATTACHMENTS: None MOTION: That the City Council: Receive and file this report and direct staff as deemed appropriate. Ui 1 Pre Notice Early Notice Application Requirements/ Other Required Community Meetings Thresholds for Community Outreach Extent of notice (Radius) Official Notice Standard Meetings Other Advisory Meetings CITY Is there a requirement for pre-notification of neighbors/ the community prior to submittal Is the public notified of the application filing? When? How? Requirements for filing? Labels, envelopes, radius map? Anything else related to public notification? Is there a requirement for meeting with community/neighbo rs prior to public hearings? Is there a threshold (project size, application type) which would trigger a requirement for meeting with the community? What are the general notification radius requirements? What is notification lead time prior to public hearing? What notification is done for regularly held meetings (i.e. CPC)? What notification is done for other hearings (i.e. Design Review, Neighborhood Council, etc.)? Culver City Upon first contact with applicant, staff identifies neighborhood groups in vicinity of project and encourages applicants to meet with them Project first notice letter sent out within one week following formal application to all owners/occupant within 500 ft. radius of the site • Radius map • Mailing labels • Certified list of property owners and tenant within required radius Staff encourages applicant to meet with identified neighborhood groups. City will facilitate meeting if requested None Staff encourages applicants to meet with the community on all projects 500 foot radius extend to the end of City block At Planning Managers discretion the radius is sometimes extended to potential affected properties beyond the standard radius Mailed notice 21 days prior to public hearing to all on 500 ft. radius mailing list, interested parties, and always list. Site posted 21 days prior to hearing Notice published 14 days prior to hearing Agendas are published on the City web site and posted at City Hall ACOR as needed leverly Hills None None • Radius Map • Mailing Labels • Affidavit and photo evidence that subject property was posted with notice of request. • Fee charged for publication of notice in the newspaper. The City will facilitate community meetings between the applicant and the public for "large projects" they feel will be controversial, No requirement However, applicants are encouraged to meet with the community for large projects. 500 feet (for planning Public notice is mailed 10 days before the scheduled public hearing. For some cases, a notice of Notice of hearing published in newspaper. Agendas published on City web site. Appeal Hearing: Notice to applicant and appellant Design Review in R-1 Zone: Notice of hearing is mailed 10 days prior to hearing to 100-foot radius. commission meetings): Notification sent to each owner of a single family residentially zoned property. 300 feet (for planning decision is mailed 10 days prior to any decision rendered . Subject property is posted 10 days prior to hearing. Notice of hearing is also published in the local newspaper 10 days prior to public hearing. commission meetings)! To each owner and residential tenant of all other zoned properties. 100 feet (projects not requiring commission review): Property owners and residential occupantsPre Notice Early Notice Application Requirements/ Extra Submittal Materials Other Required Community Meetings Thresholds for Community Outreach Extent of notice (Radius) Official Notice Standard Meetings (CPC) Other Advisory Meetings None • Lists of • Radius Map The Applicant is Required for Development Notification of owners Public notice is mailed 10 Notice of the hearing Appeal Hearing: Notice to new/existing • Mailing Labels required to have an Review projects (requiring a and occupants by mail. days before the scheduled is published in the applicant, appellant and applications are posted online informal community meeting, prior to the official public change of use & increased parking requirements); is also recommended for 1,000 feet: Development public hearing, The subject property is local newspaper. Agendas are property owners and occupants within 300 feet 10 days prior to hearing; review, CUP, Variance, AUP, Tract Maps lurbank (alphabetical' y, by type, by zone, in an interactive map). hearing, when filing for a Development Review. The meeting is facilitated by City controversial projects. 300 feet: Accessory posted on each street frontage 10 days prior to hearing. published on the City web site. publication in newspaper structure permit, Second Dwelling Unit, Special Dev. Permit 150 feet: Minor fence • Established neighborhood groups occasionally receive project plans for review by email, sent by staff. Residents within 1,000 foot radius are notified of the meeting exception, Home Occupation 8 Blocks: Downtown restaurant administrative use permit City Staff. Applicants are • List of new • Radius map The City has When implementing "big Notification of owners Public notice is mailed 10 Subject property is Architectural Review Board: encouraged, but applications is • Mailing labels facilitated projects", the City has and occupants by mail. days before the scheduled posted, with Case The site must be posted not required, to contact and posted online. • Certified list of property owners and community meetings between facilitated community meetings 500 feet: CUPs, public hearing. Notice of hearing is also published in Number and Hearing Date listed 8 weeks within 10 days of filing an application for projects of Development Review prior to hearing, and describe the application to tenant units within required radius the Applicant and the public for "big Permits, General Plan Amendment, site specific the local newspaper and on the City web site. over 15,000 sf of floor area. through 14-day ;anta adjacent property projects". This has Zoning Ordinances. Hearing notice is posted on appeal period. If Landmarks Commission: Aonica owners and applicable neighborhood groups. For CUP and become increasingly more common over the past two years 300 feet: Variances, Yard the subject property 8 weeks prior to the hearing, Appealed, the notice must remain with updated information on Appeal Hearing, Site must be posted prior to filing of application. Updated with hearing info 10 days Modifications, Tentative Map prior to hearing. Mailing required to 300 foot radius or to the historic district. Development Review Permits, sites must be posted prior to submittal of the application.Eight (81 weeks prior to hearing, the posting must be updated to include the case number and hearing date.Pre Notice Early Notice Application Requirements/ Extra Submittal Materials Other Required Community Meetings Thresholds for Community Outreach Extent of notice (Radius) Official Notice Standard Meetings (CPC) Other Advisory Meetings Vest loIlywood None None • Fee charged for City to prepare radius map and mailing labels • Applicants pay for postage and provide envelopes, For Development Permit Projects that will Planning Commission: Within 60 days of filing application the developer must host a meeting with community. Notification is mailed to a owners/occupants within a 500 foot radius. Post Approval requirement to meet with community to resolve issues. Community meeting required for projects requiring a Development Permit that will go on to the Planning Commission (usually a threshold requiring a project of 10,000 sf or greater) Notification is sent by mail to each owner of a single family residentially zoned property within Public notice is mailed 10 days before the hearing, Notice of hearing is also published in the local newspaper and City web site. Hearing notice is posted on the subject property one month before the hearing. Notice of hearing is published in the newspaper. Design Review Committee: No notice sent out. Agenda is posted on the City web site 72 hours prior to hearing. 500-feet of the subject property. . os Angeles None • List of new Applications are pocted online, bi- monthly. • Neighborhood Councils are informed of new planning applications for all projects in their area by email, sent out every two weeks. • Radius Map • Mailing Labels •F ses invrdv ing a It is at the Planner's discretion to require the No requirement. However, applicants are Abutting owners only : Public Notice is mailed 15- 24 days before the scheduled public hearing, The notice is also mailed to the Neighborhood Council. The subject property is also posted. Agendas are published on the City web site. Members of the public who attended the public hearing or who requested to be kept informed of the case are notified of additional hearings. Neighborhood Councils publish their agendas on individual web sites. Plan Approvals, Zoning Admin. Adjustments, Modifications 500 feet, for owners and public hearing, Applicants are required to post a public hearing notice on the subject property. Applicant to meet with the Neighborhood Council (or a community group) prior to the issuance of the determination letter. encouraged to meet with the community for large projects. occupants: CUPs, variances, Zone Change