PUBLIC NOTICES
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City of San Diego
PUBLISHED: Wednesday July 01, 2015

CITY OF SAN DIEGO
Date of Notice: July 1, 2015
NOTICE OF PUBLIC HEARING
APPEAL TO PLANNING
COMMISSION
Internal Order No. 24004636
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As a property owner, tenant, or person who has requested notice, you should know that a public hearing will be held by the Planning Commission to consider an appeal of the March 25, 2015, Hearing Officer's decision to deny an application for a Conditional Use Permit to operate a Medical Marijuana Consumer Cooperative in a proposed 4,258 square-foot, one-story building located at 3571 Pacific Highway. The 0.33-acre site is in IS-1-1 Zone, Airport Influence Area (San Diego International Airport) and Coastal Height Limitation Overlay Zone within the Midway/Pacific Highway Corridor Community Plan area and Council District 2.
DATE OF HEARING:
July 16, 2015
TIME OF HEARING:
9:00 A.M.
LOCATION OF HEARING:
Council Chambers, 12th Floor, City Administration Building, 202 C Street, San Diego, California 92101

PROJECT TYPE:
CONDITIONAL USE PERMIT (PROCESS 3)
PROJECT NUMBER:
368295
PROJECT NAME:
PATIENTS ALTERNATIVE-MIDDLETOWN MMCC
APPLICANT NAME:
Carol Carpenter
COMMUNITY PLAN AREA:
Midway/Pacific Highway Corridor
COUNCIL DISTRICT:
District 2

CITY PROJECT MANAGER:
Edith Gutierrez, Development Project Manager
PHONE NUMBER/E-MAIL: (619) 446-5147 / EGutierrez@sandiego.gov

The decision made by the Planning Commission is the final decision by the City.
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.
This project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) November 7, 2014. An appeal of the CEQA determination was previously made and the City Council denied the CEQA appeal on January 13, 2015. The scope of the Planning Commission's decision only includes the project, and not the environmental determination.
If you have any questions about this matter, 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 Support Services at (619) 321-3208 at least five working days prior to the meeting to insure availability. Assistive Listening Devices (ALD's) are also available for the meeting upon request.
Pub July 1 -00131668

CITY OF SAN DIEGO
NOTICE OF CITY COUNCIL PUBLIC HEARING
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DATE OF MEETING: TUESDAY, JULY 21, 2015*
TIME OF MEETING: 2:00 P.M.
PLACE OF MEETING: COUNCIL CHAMBERS, 12TH FLOOR,
CITY ADMINISTRATION BUILDING,
202 "C" STREET, SAN DIEGO, CALIFORNIA

PROJECT TYPE: Municipal Code Amendment/Local Coastal Program Amendment
PROJECT NAME: SOLAR ENERGY SYSTEMS ORDINANCE

APPLICANT: City of San Diego

COMMUNITY
PLAN AREA: Citywide
COUNCIL DISTRICT: Citywide

FOR ADDITIONAL INFORMATION, PLEASE CONTACT
CITY PROJECT MANAGER/PHONE: Amanda Lee at (619) 446-5367 AJohnsonLee@sandiego.gov


PLEASE ACCEPT THIS AS A NOTICE TO INFORM YOU, as a property owner, tenant or interested citizen, that the Council of The City of San Diego, California will conduct a public hearing, as part of a scheduled City Council meeting, on the following project:

To consider approval of the proposed solar energy system ordinance amendments to the Land Development Code (LDC) and Local Coastal Program including LDC Chapter 11, Article 2; Chapter 12, Article 9; Chapter 13, Article 1; Chapter 14, Articles 1 and 2; and Chapter 15, Articles 1 and 5.

The proposed amendments implement Assembly Bill 2188 (approved by the Governor on September 21, 2014), which amended the Solar Rights Act of 1978, as subsequently amended in 2004. As a result of the state law change, the City must begin expediting rooftop solar approvals for duplex development in addition to single dwelling unit development. Also, because state law provides for an applicant to appeal the Building Official's decision to Planning Commission, a new customized decision process for small rooftop systems must be created in the code since the staff decision on a construction permit is typically non-appealable. The proposed code changes will bring the City into compliance with state law.

The proposal would create a new separately regulated use category for "solar energy systems" and allow solar energy systems in all base zones as a limited use where they meet specified criteria. This means they would be permitted citywide in accordance with an approved Electrical Permit (or combination Electrical/ Building Permit if the proposal involves a new structure or structural modifications). Per state law, if staff denies the permit for a small residential rooftop solar energy system, the applicant may file an appeal.

The amendments were reviewed for consistency with the certified LDC Environmental Impact Report (EIR) No. 96-0333 and certified General Plan Update Program EIR No. 104495, in accordance with Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162. Based on this evaluation, Development Services Department staff determined the project would not result in new impacts or changed circumstances that would require a new environmental document and the previous environmental documents adequately cover these modifications to the LDC.

On June 18, 2015, the Planning Commission recommended approval of the Solar Energy Systems Ordinance (vote 5-0) with the additional request to consider the language suggested by the National Electrical Contractors Association (submitted via letter at Planning Commission) generally requesting that the City not approve an electrical permit unless a California licensed contractor certifies the work will be performed by a state certified electrician, electrical apprentice, or electrical trainee from a registered trainee program in California.

In accordance with state law, following City Council action, the City will be required to submit the ordinance to the San Diego County Regional Airport Authority for a determination that the ordinance is consistent with applicable Airport Land Use Compatibility Plans. The amendments will not be effective until the Airport Authority determines the amendments are consistent with adopted ALUCPs, or the City processes an overrule.

The ordinance 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 ordinances for certification following City Council and Airport Authority action. The ordinance will not be effective in the coastal zone until the Coastal Commission unconditionally certifies the amendment.

Copies of the draft amendments are available for viewing at the City of San Diego, Development Services Department, 1222 First Avenue, San Diego, CA 92101, 5th Floor. Materials for this item will be posted 72 hours prior to the public hearing with the City Council docket at www.sandiego.gov/city-clerk/.

If you wish to be noticed of the Coastal Commission hearing on this issue, prior to the close of the City Council public hearing, you must submit a request in writing to City of San Diego, Development Services Department, 1222 First Avenue, MS-501, San Diego, CA 92101. Attention: Amanda Lee.

* Unless otherwise noticed or stated on the record at the hearing, if an ordinance is approved and introduced by the City Council, it will automatically be scheduled for a hearing by the City Council for final passage at 10:00 a.m. on the Tuesday two weeks after the subject hearing.

COMMUNICATIONS

This item may begin at any time after the time specified. Any interested person may address the City Council to express support or opposition to this issue. Time allotted to each speaker is determined by the Chair and, in general, is limited to three (3) minutes; moreover, collective testimony by those in support or opposition shall be limited to no more than fifteen (15) minutes total per side.

Those unable to attend the hearing may write a letter to the Mayor and City Council, Attention: City Clerk, City Administration Building, 202 "C" Street, San Diego, CA 92101 3862, Mail Station 2A; OR you can reach us by E-mail at: Hearings1@sandiego.gov or FAX: (619) 533-4045. All communications will be forwarded to the Mayor and Council.

If you wish to challenge the Council's actions on the above proceedings in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence to the City Council at or prior to the public hearing. All correspondence should be delivered to the City Clerk (at the above address) to be included in the record of the proceedings.

This material is available in alternative formats upon request. To order information in an alternative format, or to arrange for a sign language or oral interpreter for the meeting, please call the Clerk's office at least 5 working days prior to the meeting at 533-4000 (voice) or 236-7012 (TT).

Notice Date: 070115 ELIZABETH MALAND
li SAN DIEGO CITY CLERK

Pub July 1 -00131632


City of San Diego
PUBLISHED: Wednesday July 01, 2015


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