DEPARTMENT: Development Services
DEPARTMENT HEAD: Roderick Sanchez
COUNCIL DISTRICTS IMPACTED: All
SUBJECT:
Briefing and action on the proposed amendments to the Zoning Change Notification Process
SUMMARY:
This item includes an update on the public input received regarding proposed changes to the Zoning Change Notification Process, as recommended by the Housing Commission on Preserving Dynamic and Diverse Neighborhoods, staff recommendation and next steps for any proposed amendments.
A final and formal recommendation by the Housing Commission of the change to the Zoning Change Notification Process is requested in order to begin the formal code amendment process requiring a recommendation by the Planning Commission Technical Advisory Committee (PCTAC), Planning Commission, Zoning Commission and final decision by the City Council.
BACKGROUND INFORMATION:
The Housing Commission was briefed at the November 17, 2015 meeting regarding the proposed amendments to the Zoning Change Notification Process as recommended by the Mayor’s Task Force on Preserving Dynamic and Diverse Neighborhoods. The Commission made several recommendations regarding mailed notices and signage and asked staff to gather public input regarding the recommendations.
The Commission recommended increasing the size of the zoning signs. Staff was also asked to look into translating the sign into Spanish and providing information regarding the applicant’s purpose and contact information for the zoning request.
Courtesy notices mailed to the tenants of property that is the subject of a zoning request was recommended by the Commission. The applicant would be required to provide the tenant addresses for the subject property as part of the zoning application. The additional costs assessed to the applicant would be associated with the additional staff time and mailing costs.
DSD conducted public outreach through a survey form and an online survey. Over 2,200 surveys were received over a 4 week period. In summary, overwhelming support was received to increase the size of the sign and include the applicant’s phone number as well as notify tenants on the subject property of the rezoning.
ISSUE:
The following provides a review of the survey results and staff assessment of the Housing Commission recommendations.
1. The Housing Commission recommended increasing the size of the sign and to gather public input of adding the applicant’s contact number and translating the sign into Spanish. 70% of respondents supported increasing the size of the sign, adding general purpose information, and the applicant’s contact number. Only 38% of respondents supported Spanish translation of the sign.
Staff recommends approval of increasing the size of the sign, adding general information about the request, as well as a Spanish translation of the sign on the back side. Costs for the current size 18” X 24” sign are $8.05 per sign, and are included in the costs of a zoning change application. Costs to rezone are based on acreage and additional fees are assessed if site plans are required or if the property is over the recharge zone. Increasing the size of the sign to 24” X 36” would cost $18.40 per sign.
There are some concerns with adding the general purpose of the rezoning, but generic language for each type of zoning request would need to be developed to keep the language consistent and easy to understand.
Staff does not recommend adding the applicant’s contact information due to misinformation regarding the zoning process. Currently, staff provides information related to the zoning process such as date of the hearing and specifics about the zoning change including a description of the zoning district. Staff will also provide the applicant’s contact information to the caller if more details about the project are needed.
Below is a sample of the staff recommended changes to the sign:
2. The Housing Commission recommended moving forward with and gathering public input regarding notification of tenants on a subject property to be rezoned. 74% of respondents supported notifying tenants on the subject property. Comments included using social media instead of mailing notices or using the larger sign as a way to communicate information about the rezoning.
To implement this process would require the owner/applicant to provide a list of tenant addresses on the subject property as part of the application so that staff may provide them a courtesy notice of the proposed change and the public hearings. The costs would be associated with the additional staff time and mailing costs. The costs per notice results in $4.70 for each tenant address. These costs, which will be assessed to the applicant, will vary dependent on the number of notices to be sent for the total number of tenants. For example, an apartment complex may have 300 units while a shopping center may only have 10 tenants.
Staff would also need to develop a distinct notice for tenants that would not include the cutout portion to mail back. There is room for error if the wrong type of notice is sent to a property owner versus tenant. Staff does not recommend this change as increasing the size of the sign will meet the objective of increasing public awareness.
ALTERNATIVES:
The Housing Commission could recommend no changes to the process resulting in the current notification procedures to remain in place.
FISCAL IMPACT:
Recommendations that change the zoning notification process could result in increased expenses. This could result in an increase in application fees.
RECOMMENDATION:
Staff recommends approval of the increase in the size of the sign, adding general information, and providing Spanish translation on the back of the sign. Staff does not recommend adding the applicant contact information on the sign due to concerns with misinformation regarding the zoning process.
Staff does not recommend moving forward with adding a courtesy notice to be sent to tenants of a subject property to be rezoned as a larger sign will meet the objective of increasing public awareness of a rezoning.
The timeline below illustrates next steps in the process for amendments to the Unified Development Code.
March 2016: Housing Commission Recommendation
April thru May 2016: Zoning Commission/Planning Commission Hearings (with PCTAC Recommendation) and City Council Housing Committee Presentation and Consideration
June 2016: City Council Consideration