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City of San Diego
PUBLISHED: Wednesday January 14, 2015

Date of Notice: January 14, 2015
Notice of Availability
DATE OF HEARING: January 29, 2015
TIME OF HEARING: 9:00 a.m.
LOCATION OF HEARING: Council Chambers, 12th Floor, City Administration Building,
202 C Street, San Diego, California

PROJECT TYPE: Amendments to the Municipal Code and Local Coastal Program
PROJECT NAME: 9th Update to the Land Development Code/Local Coastal Program
APPLICANT: City of San Diego, Development Services Department



PHONE NUMBER: (619) 446-5367

As a property owner, tenant, or person who has requested notice, you should know that the Planning Commission will hold a public hearing to recommend approval, conditional approval, or denial to the City Council of the 9th Update to the Land Development Code and Local Coastal Program including amendments to Chapter 5, Article 4; Chapter 6, Article 12; Chapter 9, Article 8; Chapter 11, Articles 2-3; Chapter 12, Article 3, 6 and 5-9; Chapter 13, Articles 1 and 2; Chapter 14, Articles 1-4; and Chapter 15, Articles 5-6, 10, 13 and 17.

The 9th Update is part of the code monitoring work program that was created with the adoption of the original Land Development Code (LDC) to help maintain the code, simplify the City's development regulations, make the code more adaptable, eliminate redundancies and contradictions, standardize the code framework, and increase predictability in application of regulations. A total of 57 issues are included; the bulk of which are regulatory reform related.

The proposed amendments are intended to address past issues and minimize future conflicts by clarifying regulation applicability, removing burdensome requirements, and streamlining approval processes. The most significant changes would add greater certainty and predictability for future regulation of previously conforming structures and uses, including restaurants with drive-throughs. Other proposed changes would incorporate efficiencies into the processing of environmental documents and approval of minor work associated with non-designated historical resources.

The 9th Update also implements the City's economic development strategy by making the regulations more predictable and adding greater flexibility for manufacturing businesses to develop and expand. Examples include a lower process for permit modifications to accommodate new industrial development, more predictable zone code classification for brewery related uses, more industrial zones that allow breweries and live entertainment, new exemptions from screening requirements, a lower parking rate for capital intensive manufacturing, and streamlined sign permit approvals.

An Environmental Impact Report (EIR No. 96-0333) was prepared, and certified on November 18, 1997 for the original project, the adoption of the Land Development Code. The proposed amendments to the Land Development Code as part of the 9th Update were reviewed by the Environmental Analysis Section for consistency with the above referenced environmental document. It was determined in accordance with Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162(a) that: (1) no substantial changes are proposed to the project which would require major revisions of the previous EIR; (2) no substantial changes occur with respect to the circumstances under which the project is undertaken that would require any revisions to the previous EIR; and (3) there is no new information of substantial importance that was not known and could not have been known at the time the previous EIR's were certified. Therefore, no subsequent EIR or other environmental document is needed for the 9th Update, as all of the impacts were adequately addressed and disclosed in EIR No. 96-0333.

The decision to approve the 9th Update to the Land Development Code will be made by the City Council at a future public hearing. A separate notice of public hearing will be provided 10 business days prior to the City Council hearing for this item. Following City Council action, the City of San Diego will be required to submit the 9th Update to the Land Development Code to the Airport Land Use Commission for a consistency determination. The code amendments will not be effective until the Airport Land Use Commission determines the City's ordinance is consistent with the adopted ALUCPs, or the City processes an overrule.

The 9th Update to the Land Development Code is intended to apply within the Coastal Zone; therefore the City Council's decision requires amending the City's Local Coastal Program. As such, the final decision for areas located within the coastal zone will be with the California Coastal Commission. The City of San Diego will submit the 9th Update to the Land Development Code for certification to the California Coastal Commission following City Council and Airport Land Use Commission action. The ordinance will not be effective in the coastal zone until the Coastal Commission unconditionally certifies the amendment.

If you wish to be noticed of the California Coastal Commission hearing on this issue, you must submit a request in writing to the Development Services Department, Attention: Amanda Lee, Project Manager, 1222 First Avenue, MS 501, San Diego, CA 92101 before the close of the City Council public hearing. If you wish to challenge the City's action on the above proceedings in court, you may be limited to addressing only those issues you or someone else have raised at the public hearing described in this notice, or written in correspondence to the City at or before the public hearing.

In accordance with the California Coastal Act and Guidelines, if you wish to review a draft of the amendment language or have any questions, you can contact the City Project Manager listed above.

This information will be made available in alternative formats upon request. To request an agenda in alternative format or to request a sign language or oral interpreter for the meeting, call the Disability Services Program Coordinator at (619) 236 5979 at least five working days prior to the meeting to insure availability. Assistive Listening Devices (ALD's) are available for the meeting upon request.
Internal Order No. 12003238
Pub Jan 14 -00126542

City of San Diego
PUBLISHED: Wednesday January 14, 2015

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