3.3.5.   400' NOTICE PROCEDURE
   A.   Purpose
   The purpose of this procedure is to require notice to parties who may be affected by the .
   B.   Applicability
   The 400' Notice Procedure applies to the following applications:
      1.    plans for restaurants that are located within 300 feet of R-3 or and that serve alcohol;
      2.    within the Greater Infill Incentive Subdistrict of the Downtown Area Infill Incentive District requesting a Modification of Development Regulations; and,
      3.   Individual Parking Plans for within 300 feet of R-3 or or Historic Preservation Zones.
   C.   Pre-Application Conference Required
   A pre-application conference with staff is required in accordance with Section 3.2.1.
   D.   Neighborhood Meeting Required
   The applicant is required to conduct a neighborhood meeting and shall provide notice of the neighborhood meeting in accordance with Section 3.2.2.C.
   E.   Application and Notice of Application Required
   Submittal of an application to the PDSD is required in order to process the request. See the Administrative Manual for application submittal requirements. Applications are reviewed for completeness in compliance with Section 3.2.3.A. Following acceptance by the PDSD, notice of the application is required in accordance with Section 3.2.4.B.
   F.   Public Comment Period
   For 20 following the date on which notice is mailed, the public may submit comments on the proposal to the PDSD.
   G.   Review
   Review is conducted by the PDSD staff and other agencies, committees or advisory boards as required by the , and others as may be deemed appropriate by the PDSD .
   H.   Decision and Notice of Decision
   The PDSD shall approve or deny an application and send written notice of the decision in accordance with Section 3.2.4.B.
   I.   Appeals
      1.   The PDSD ’s decision may be appealed to the Mayor and Council on the grounds that the decision is not in with the criteria established by the ;
      2.   Appeals are processed in accordance with Section 3.9.2, Mayor and Council Appeal Procedure;
      3.   The notice of intent to appeal must be filed with the City Clerk no later than 14 after the effective date of the decision;
      4.   The complete appeal materials must be filed with the City Clerk within 30 of the effective date of the decision; and,
      5.   A copy of the appeal is provided to the PDSD at the time it is filed.
   J.    Inspection
   Prior to the issuance of an occupancy permit, the shall be inspected by the PDSD for compliance with the plans approved for the issuance of permits and any changes authorized by the PDSD to those approved plans during construction.
(Am. Ord. 11201, 9/23/2014; Am. Ord. 11732, 2/19/2020)