23.404.040 Public Notice | Berkeley Municipal Code

23.404.040 Public Notice.

1. When Required. A Notice of Administrative Decision shall be given after the Zoning Officer’s decision on an Administrative Use Permit (AUP).

2. Content of Notice. A Notice of Administrative Decision shall contain the following information:

(a) A description of the proposed project in the AUP application.

(b) The Zoning Officer’s decision on the AUP application.

(d) The procedure and time period in which the decision may be appealed to the Zoning Adjustments Board (ZAB).

(e) The address where appeals may be filed.

3. Timing of Notice. A Notice of Administrative Decision shall be posted and mailed after the Zoning Officer’s decision on the AUP.

4. Notice Posting. A Notice of Administrative Decision shall be posted at:

(a) Three visible locations in the vicinity of the subject property; and

(b) The lobby of the Permit Service Center.

(a) Minimum Requirement. A Notice of Administrative Decision shall be mailed to the following:

i. Neighborhood and community organizations with a registered interest in receiving notice of the proposed project. See Section 23.404.040.E (Public Notice).

ii. For projects in or adjacent to a Residential District, the owners and residents of the abutting properties.

iii. For major residential additions in the R-1 district within the Hillside overlay zone, the owners and residents of properties within a 300-foot radius of the subject property.

iv. The City of Berkeley Central Library.

(b) Additional Notice. The Zoning Officer may include a larger area to receive a mailed notice when the proposed project may impact a larger area.

6. Temporary Uses and Structures. An AUP for a temporary use or structure is subject to the same notice requirements as other AUPs, except that notice shall be provided at least 14 days before the establishment of the temporary use or structure.

7. Failure to Receive Notice. The validity of the decision shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive a mailed notice.

1. When Required. Public notice shall be given as required by this section for:

(a) Zoning Adjustment Board (ZAB) hearings on Use Permits, Variances, and other decisions requiring a public hearing as specified in the Zoning Ordinance; and

(b) City Council hearings on appeals of ZAB decisions.

2. Content of Notice. Notice of a public hearing shall contain the following information:

(a) The date, location, and time of the hearing.

(b) A written description of the proposed project, including the number of dwelling units and floor area if applicable.

(c) Maps, plans, and other information needed to describe and illustrate the proposed project, as determined necessary by the Department.

(d) The environmental review status under the California Environmental Quality Act (CEQA).

(e) Directions on how to obtain further information about the proposed project or hearing.

(f) The location and times the application may be reviewed by the public.

(g) Instructions to submit written comments on the proposed project.

3. Timing of Notice. Notices shall be posted and mailed at least 14 days before the hearing unless a longer notice period is required by state law. The Zoning Officer or ZAB may extend the notice period to a maximum of 30 days for applications of major significance.

4. Notice Posting. A notice of public hearing shall be posted:

(a) At three visible locations in the vicinity of the subject property:

(b) At the Civic Center (Old City Hall); and

(a) Minimum Requirement. A notice of public hearing shall be mailed to the following:

i. The owners and residents of the abutting and confronting properties.

ii. For the construction or demolition of one or more dwelling units, all property owners and residents within 300 feet on the same street or streets as the proposed project, including the abutting properties to the rear and within a 300-foot radius of the subject property.

iii. For a relocated building, all property owners and residents within a 300-foot radius of both the existing and proposed new location of the building.

iv. Neighborhood and community organizations with a registered interest in receiving notice of the proposed project. See Section 23.404.040.E (Public Notice--Registry of Organizations to Receive Notice).

v. The City of Berkeley Central Library.

vi. Any person who has filed a written request for notice.

(b) Additional Notice. The Zoning Officer, ZAB, or City Council may include a larger area to receive a mailed notice when deemed appropriate.

(c) Failure to Receive Notice. The validity of the hearing shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive a mailed notice.

6. Master Use Permit. For a Master Use Permit application, all businesses, residents, and property owners within 500 feet of the subject property shall receive a notice in addition to the notice recipients listed in Paragraph B.5.a (Minimum Requirement) above.

1. When Required. Public notice shall be given as required by this section for Planning Commission and City Council hearings on proposed Zoning Ordinance Amendments.

2. Content of Notice. Notice of a public hearing shall contain the following information:

(a) The date, location, and time of the hearing.

(b) A written description of the proposed amendment.

(d) The environmental review status under the California Environmental Quality Act (CEQA).

(e) Directions on how to obtain further information about the proposed amendment or hearing.

(f) Instructions to submit written comments on the proposed amendment.

3. Timing of Notice. Notice shall be provided at least 10 days before the hearing unless a longer notice period is required by state law. The Planning Commission or City Council may require an extended notice period for applications of major significance.

4. All Zoning Ordinance Amendments. The following notice requirements apply to all Zoning Ordinance Amendments.

(a) Notice shall be posted at the Civic Center (Old City Hall) and in the lobby of the Permit Service Center.

(b) Notice shall be mailed to:

i. Neighborhood and community organizations with a registered interest in receiving notice of the proposed amendment. See Section 23.404.040.E (Public Notice).

ii. The City of Berkeley Central Library; and

iii. Any person who has filed a written request for notice.

5. Zoning Ordinance Text Amendments. In addition to requirements in Paragraph 4 (All Zoning Ordinance Amendments) above, notice of a Zoning Ordinance Text Amendment shall be published in a newspaper of general circulation in the city at least 7 days before the hearing.

6. Zoning Ordinance Map Amendments. The following notice requirements apply to Zoning Ordinance Map Amendments in addition to requirements in Paragraph 4 (All Zoning Ordinance Amendments) above.

(a) Less than 5 Acres. For Zoning Map Amendments affecting an area less than 5 acres, public notice shall be:

i. Posted at three visible locations in the vicinity of the subject property; and

ii. Mailed to subject property owners, residents and tenants of the subject property, and all property owners, residents, and tenants within 300 feet of any part of the subject property.

(b) 5 Acres or More. For Zoning Map Amendments affecting an area 5 acres or more, public notice shall be:

i. Posted on each street frontage adjacent to the subject property.

ii. Mailed to all property owners, residents, and tenants within the subject property.

iii. Published twice in a newspaper of general circulation in the city at least 14 days before the hearing, and then again at least 7 days before the hearing.

7. Additional Notice. The Zoning Officer, Planning Commission, and City Council may require additional public notice as determined necessary or desirable.

8. Failure to Receive Notice. The validity of the hearing shall not be affected by the failure of any property owner, resident, tenant, or neighborhood or community organization to receive a mailed notice.

(a) When Required. Notice of Design Review shall be posted on or adjacent to the subject property at least 14 days before staff decision on Design Review application.

(b) Notice Contents. A Notice of Design Review shall contain the following information:

i. A description of the proposed project.

ii. Staff’s anticipated decision on the Design Review application.

iii. The location and times at which the application may be reviewed by the public.

iv. The procedure and time period in which appeals to the Design Review Committee may be made.

v. The address where such appeals may be filed.

(a) Meeting Agenda. Agendas for Design Review Committee (DRC) meetings shall be posted at the Civic Center (Old City Hall) at least 72 hours before the meeting. The agenda must list all projects and discussion items to be considered at that DRC meeting.

(b) Posting and Mailing Notice Not Required. There is no requirement to mail notices or post a notice on a subject property in advance of the DRC meeting.

1. The Department shall maintain a registry of neighborhood and community organizations to receive notices of public hearings and administrative decisions.

2. An organization shall be included in the registry shall submit a written request to the Department with the following information:

(a) The name and address of the organization.

(b) The names, addresses and phone numbers of the contact persons.

3. It is the responsibility of the organization to inform the Department of any changes to the organization information identified in Paragraph (2) above. (Ord. 7830-NS § 8, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)