(a) Purpose. The purpose of this section is to establish procedures for all public notifications required by this Code, except for those requirements set forth in Section 311.
(b) Applicability. The requirements of this Section 333 shall apply to any hearing before the Planning Commission, Historic Preservation Commission and/or the Zoning Administrator for which public notice is required in this Code, except that the requirements set forth in Section 311 shall be applicable to certain applications as set forth in Section 311. The Zoning Administrator shall determine the means of delivering all forms of public notice, in a manner consistent with the Planning Commission’s policy on notification, provided that the requirements of this Section 333 are satisfied.
(c) Notification Period. For the purposes of this section 333, the Notification Period shall mean no fewer than 20 calendar days prior to the date of the hearing, or in the case of a Building Permit Application a period of no fewer than 20 calendar days prior to any Planning Department approval of the application.
(d) Content of Notice.
(1) All notices provided pursuant to this section 333 shall have a format and content determined by the Zoning Administrator, and shall at a minimum include the following:
(A) the address and block/lot number(s) of the subject project; and
(B) the Planning Department case number or Building Permit Application number, as applicable, for the subject project; and
(C) the basic details of the project, including whether the project is a demolition, new construction, alteration, or change of use; and basic details comparing the existing and proposed conditions at the property including building height, number of stories, dwelling unit count, number of parking spaces, and the use of the building; and
(D) instructions on how to access the online notice and plan sets for the project, including how to obtain paper copies of the plan sets, and additional information for any public hearings required by the Planning Code and for which public notification is required for a development application: the date, time and location of the hearing; instructions for how to submit comments on the proposed project to the hearing body; and an explanation as to why the hearing is required.
(2) Language Access.
(A) All forms of public notice provided pursuant to this Section 333 shall comply with the requirements of the Language Access Ordinance, Chapter 91 of the Administrative Code, to provide vital information about the Department’s services or programs in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Chapter 91.
(B) The notices required by this Section 333 shall contain the information set forth in Section 333(d)(1) in the languages spoken by a Substantial Number of Limited English Speaking Persons, as defined in Administrative Code Chapter 91.
(1) Posted Notice. A poster or posters with minimum dimensions of 11 x 17 inches, including the content set forth in subsection 333(d), shall be placed by the project applicant at the subject property and for the entire duration of the Notification Period as set forth herein. This notice shall be in addition to any notices required by the Building Code, other City codes or State law. One poster shall be required for each full 25 feet of each street frontage of the subject property. For example, 2 posters would be required for a 50 foot street frontage; 3 posters would be required for either a 75 foot frontage or a 99 foot frontage. Multiple posters shall be spread along the subject street frontage as regularly as possible. All required posters shall be placed as near to the street frontage of the property as possible, in a manner to be determined by the Zoning Administrator that is visible and legible from the sidewalk or nearest public right-of way. The requirements of this Subsection 333(e)(1) may be modified upon a determination by the Zoning Administrator that a different location for the sign would provide better notice or that physical conditions make this requirement impossible or impractical, in which case the sign shall be posted as directed by the Zoning Administrator.
(2) Mailed Notice. Written notice with minimum dimensions of 5-1/2 x 8-1/2 inches, including the contents set forth in subsection 333(d), shall be mailed to all of the following recipients in a timely manner pursuant to the Notification Period established herein:
(A) Neighborhood organizations that have registered with the Planning Department, to be included in a list that shall be maintained by the Planning Department and available for public review for the purpose of notifying such organizations of hearings and applications in specific areas; and
(B) Individuals who have made a specific written request for to be notified of hearings and applications at a subject lot; and
(C) All owners and, to the extent practicable, occupants of properties, within no less than 150 feet of the subject property, including the owner(s) and occupant(s) of the subject property, including any occupants of unauthorized dwelling units. Names and addresses of property owners shall be taken from the latest Citywide Assessor’s Roll. Failure to send notice by mail to any such property owner where the address of such owner is not shown on such assessment roll shall not invalidate any proceedings in connection with such action. The Zoning Administrator shall determine the appropriate methodology for satisfying this requirement. If applicable State law requires notice to be provided in a different manner, such notice will be provided consistent with applicable State requirements.
(3) Online Notice. For the entire duration of the Notification Period established herein, the following notification materials shall be provided on a publicly accessible website that is maintained by the Planning Department:
(A) A digital copy formatted to print on 11 x 17 inch paper of the posted notice including the contents set forth in subsection 333(d) for the hearing or application; and
(B) Digital copies of any architectural and/or site plans that are scaled and formatted to print on 11 x 17 inch paper, are consistent with Plan Submittal Guidelines maintained and published by the Planning Department, and that describe and compare, at a minimum, the existing and proposed conditions at the subject property, the existing and proposed conditions in relationship to adjacent properties, and that may include a site plan, floor plans, and elevations documenting dimensional changes required to describe the proposal.
(f) Notice of Hearings for Legislative Actions. Notwithstanding the foregoing, for all hearings required for consideration of legislation, including but not limited to a Planning Code Amendment, Zoning Map Amendment, General Plan Amendment, or Interim Zoning Controls, an online notice shall be provided for the entire duration of the Notification Period established herein on a publicly accessible website that is maintained by the Planning Department, and shall include the date, time, and location of the hearing; the case number for the subject action; a general description of the subject and purpose of the hearing; and instructions for how to contact the planner assigned to the case and provide comment to the hearing body. For any legislative proposal to reclassify property through a Zoning Map Amendment, or to establish Interim Zoning Controls, if the area to be reclassified or the area in which the interim controls are applicable is 30 acres or less in total area, excluding the area of public streets and alleys, the information specified in this subsection (f) shall be provided in a mailed notice consistent with the requirements of subsection 333(d), and the notices shall also include a map or general description of the area proposed for reclassification or action. For any legislative proposal to reclassify property through a Zoning Map Amendment, if the area to be reclassified comprises a single development lot or site, the required information shall also be provided in a posted notice consistent with the requirements of subsection 333(d).
(g) Elimination of Duplicate Notice. The notice provisions of this Section may be waived by the Zoning Administrator for applications that have been, or prior to any approval will be, the subject of an otherwise duly noticed public hearing before the Planning Commission or Zoning Administrator, provided that the nature of work for which the application is required is both substantially included in the hearing notice and was the subject of the hearing.
(h) Newspaper Notice. If newspaper notice is required by applicable State law, the City shall provide such newspaper notice.
(Added by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)