§112.0301 Types of Notice — San Diego Zoning Code

(a) Notice of Application. A Notice of Application is required for an application for a permit, map, or other matter acted upon in accordance with Process Three, Process Four, Process Five, or Process CIP-Five.
- (1) Content. The Notice of Application shall include the following information:
  - (A) A general description of the proposed development including, when applicable, the type of permit, project name, square footage of proposed construction, and the number of proposed residential units;
  - (B) The location and size of the property that is the subject of the application;
  - (C) The community planning area in which the proposed development is located and the name of the contact person, if any, designated by the officially recognized community planning group;
  - (D) The name and telephone number of the City staff person to contact for additional information; and
  - (E) The name of the applicant and, with the consent of the applicant , the applicant’s address and telephone number.
- (2) Distribution. The City Manager shall mail the Notice of Application to the persons described in Section 112.0302(b), no later than 30 calendar days after the date on which the application is deemed complete and at least 60 calendar days prior to the first public hearing. The applicant shall post the Notice of Application on the property that is the subject of the application in accordance with Section 112.0304.

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(b) Notice of Future Decision. A Notice of Future Decision shall be provided for an application for a permit or other matter acted upon in accordance with Process Two or Process CIP-Two.
- (1) Content. The Notice of Future Decision shall include the following information:
  - (A) A general description of the proposed development including, when applicable, the type of permit, project name, square footage of proposed construction, and number of proposed residential units;
  - (B) The location and size of the property that is the subject of the application;
  - (C) A statement that the project is exempt from CEQA (California Environmental Quality Act) or is undergoing preliminary environmental review;
  - (D) The community planning area in which the proposed development is located and the name of the contact person, if any, designated by the officially recognized community planning group;
  - (E) The name, telephone number, and city address of the City staff person to contact for additional information;
  - (F) The name of the applicant and, with the consent of the applicant , the applicant’s address and telephone number;
  - (G) An explanation that the decision to approve, conditionally approve, or deny the proposed development will be made by City staff, without a public hearing, and that the decision date will not be less than 30 calendar days after the date of mailing the Notice of Future Decision to allow for sufficient time for public comment;
(H) A statement that any requests for notification of the staff’s decision must be received by the City no later than 10 business days after the date on which Notice of Future Decision is mailed; and
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- (I) An explanation of the process to appeal the decision.
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(2) Distribution. The City staff person approving, conditionally approving, or denying an application for a permit or other matter shall mail a Notice of Future Decision to the persons described in Section 112.0302(b) no later than 30 calendar days after the date on which the application is deemed complete in accordance with 112.0102(b) and at least 30 calendar days prior to the decision date . The applicant shall post the Notice of Future Decision on the property that is the subject of the application in accordance with Section 112.0304.
(c) Notice of Public Hearing. A Notice of Public Hearing shall be provided before a decision is made on an application for a permit, map, or other matter acted upon in accordance with Process Three, Process Four, Process Five, or Process CIP-Five, or an appeal of a Process Two, Process CIP-Two, Process Three, or Process Four decision, or of an environmental determination . A Notice of Public Hearing shall also be provided before a decision is made by the City Council in accordance with Section 132.1555 (Overrule Process).
- (1) Content. Except as set forth in Section 112.0301(c)(2), the Notice of Public Hearing shall include the following information:
  - (A) The general subject of the public hearing including the type of development permit and the name of the proposed development .
  - (B) The location and size of the property that is the subject of the application.
  - (C) The community planning area in which the proposed development is located.
  - (D) A general description of the proposed development , including the square footage of proposed commercial or industrial uses and the proposed number of dwelling units.
  - (E) The name of the applicant and, with the consent of the applicant , the applicant’s address and telephone number.
  - (F) The identity of the decision maker holding the public hearing.
  - (G) The date, time, and place of the public hearing.

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(H) A brief description of the general procedures concerning the conduct of hearing and local actions and the procedure and requirements for filing an appeal. For Process Three or Process Four public hearings, the definition of an interested person for purposes of appeal.
(I) The name and telephone number of the City staff person to contact for additional information.
(2) The Notice of Public Hearing for an appeal of an environmental determination shall include the following information:
- (A) The general subject of the public hearing, including the type of environmental determination and the name of the proposed development .
(B) The location and size of the premises that is the subject of the application.
- (C) The community planning area in which the proposed development associated with the environmental determination is located.
- (D) The name of the applicant and, with the consent of the applicant , the applicant 's address and telephone number.
- (E) The decision-maker will be the City Council.
- (F) The date, time, and place of the public hearing.
- (G) A brief description of the general procedures concerning the conduct of hearing and local actions.
- (H) The name and telephone number of the City staff person to contact for additional information.
(3) Distribution. Except as otherwise provided by the Municipal Code, the City Manager shall publish the Notice of Public Hearing in accordance with Section 112.0303, and shall mail the Notice of Public Hearing to the persons described in Section 112.0302(b), at least 10 business days before the date of the public hearing. Where fees are being imposed on a specific project to defray the cost of public facilities, the Notice of Public Hearing shall also be published, in accordance with California Government Code section 6062a, or as amended.

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(d) Notice of Availability of Local Coastal Program Amendment. A Notice of Availability is a written notice to advise of the availability of supporting materials for an action that will be taken by the City Council at a future date. A Notice of Availability is required as part of the certification process for Local Coastal Program Amendments in accordance with Section 122.0106(b).
- (1) Content. The Notice of Availability of Local Coastal Program Amendment shall include the following:
  - (A) A general description of the project;
  - (B) The location of the property that is the subject of the application;
  - (C) The applicable community planning area(s);
  - (D) The name, telephone number, and city address of the City staff person to contact for additional information;
  - (E) The name of the applicant and, with the consent of the applicant, the applicant’s address and telephone number; and
  - (F) An explanation that the final decision by the City Council will occur no sooner than 6 weeks after the date of mailing the Notice of Availability.
- (2) Distribution
  - (A) The City Manager shall distribute the Notice of Availability at least 6 weeks prior to the City Council hearing to approve or deny an amendment to the Local Coastal Program .
  - (B) The City Manager shall distribute the Notice of Availability to the persons described in Section 112.0302(b) and to the public agencies required in accordance with the applicable provisions of the California Coastal Act and Guidelines for Local Coastal Program certification.
  - (C) The Notice of Availability may be combined into a single notice document with the Notice of Planning Commission Hearing.

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(3) A subsequent Notice of Public Hearing shall be provided in accordance with Section 112.0301(c) prior to final decision by the City Council.
(e) Notice of Request for Airport Land Use Compatibility Overrule Hearing. A Notice of Request for Airport Land Use Compatibility Overrule Hearing is a written notice to advise of the availability of supporting materials for an overrule action requested in accordance with Section 132.1555 that will be acted on by the City Council at a future date.
- (1) Content. The Notice of Request for Airport Land Use Compatibility Overrule Hearing shall include the following:
  - (A) A general description of the project;
  - (B) The location of the property that is the subject of the application;
  - (C) The applicable community planning area(s);
  - (D) The name, telephone number, and city address of the City staff person to contact for additional information;
  - (E) The name of the applicant and, with the consent of the applicant , the applicant's address and telephone number; and
  - (F) An explanation that a City Council hearing related to the matter of whether to overrule the Airport Land Use Commission in accordance with Section 132.1555(e) will be scheduled no sooner than 6 weeks following the mailing date of the Notice of Request for Airport Land Use Compatibility Overrule hearing.
- (2) Distribution.
  - (A) The City Manager shall distribute the Notice of Request for Airport Land Use Compatibility Overrule Hearing at least 6 weeks prior to the first City Council hearing related to the matter of whether to overrule the Airport Land Use Commission.
  - (B) The City Manager shall distribute the Notice of Request for Airport Land Use Compatibility Overrule Hearing to the persons described in Section 112.0302(b).

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(3) A subsequent Notice of Public Hearing shall be provided in accordance with Section 112.0301(c).

(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.)

(Amended 7-26-2004 by O-19303N.S.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 10-25-2011 by O-20047 N.S.; effective 1-1-2012.) (Amended 10-22-2013 by O-20309 N.S.; effective 12-12-2013.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.)