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HomeMy WebLinkAboutOrdinances - No. 1757~RINANC~ NO. 1757 CITY COUNCIL OF THE R REENACTING S~CTIONS , AND 17.81.070; REPEALING IN 17.84.050 AND 17.84.060; AND ~U~TH~~ ARDING CHAPT~R 17.88 R~LATING TO APPEALS M~NICIPAL CORE TITLE 17 - BE IT O~DAINER BY THE CITY ~OUNCIL OF THE CITY OF LODl AS FOLLOWS: SECTION 1. Lodi ~unicipal Code Title 17 - Zoning is hereby amended by repealing and re-enact in^ Sections 17.72.1 10, 17.73.070, 17.74.070, and 17.81.070 relating to appeals and shall read as follows: 17.72.110 Appeals to Council. Any actions of the Planning Commission on matters referred to in this chapter may be appealed to the City Council by filing, within ten business days, a written appeal with the City Clerk. The appeal shall be prQcessed in accordance with Chapter 17.88, Appeals, of the Lodi Municipal Code. 17.73.070 Appeats to Planning Commission. Any actions of the reviewing authority on matters referred to in this chapter may be appealed to the planning commission by filing, within ten business days, a written appeal to the Community Revelopment Director. The appeal shall be processed in accordance with €hapter 17.88, Appeals, of the Lodi ~unicipal €ode. 17.74.070 Appeals to Planning Commission Any actions of the reviewing authority on matters referred to in this chapter may be appealed to the Planning Commission by filing, within ten business days, a written appeal to the Community Development Director. The appeal shall be processed in accordance with Chapter 17.88, Appeals, of the Lodi Municipal Code. 17.81.070 Appeal from ~ommittee. Any actions of the ite Plan and Architectu;al C~mmi~ee on m~~ers referred to in this chapter may be appealed to the Planning c om mission by filing, within ten business days, a written appeal to the Community Revelopment Director. The appeal shall be processed in accordance with Chapter 17.88, Appeals, of the Lodi Municipal Code. SECTION 2. Lodi Municipal Code Title 17 - Zoning is hereby amended by repealing in their entirety Sectio 17.84.050 - Risapproval R~commendation - Appeal to Council, and Section 17.84.0 0 - Protest of ~rope~y Owners. SECTION 3. Lodi Municipal Code Title 17 - Zoning is hereby amended by adding Chapter 17.88 -Appeals, to read as follows: R 17.88 - APP~ALS urpose of Chapt~r 17.84.020 - Commission’s Review 17.84.030 - Council’s Review ubjects and Jurisdiction 7 7.84.060 - Application Filing, Processing, Review, and Action 17.88.01 0 - Purpose of Chapter This Chapter es~ablishes proced~res for the ~ollowing: A. Commissio s review. The Commission’s review of a decision rendered by the . Council’s review. The Council’s review of a decision rendered by the Commission. ~ligibility. below. C. ther eligible appell nts, as identified in Section 17.84.040 (Eligibility), 1 7.88.020 - ~ommi$sion’s Review A. Review. The CQmmission may choose to review a decision rendered by the B. c is cuss ion. 1. A member of the Commission may request the oppo~unity to discuss any decision previously rendered. 2. A majority vote of the Commission is required to initiate an appeal of the ~eci~ion. C. Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing by the Director. ouncil’s Review A. Review. The Council may choose to review a decision ~endered by the Cammission. isc cuss ion. 1. A member of the Council may fequest the oppo~unity to discuss any d~cision previously rendered. 2 2. A majority vote of the Council is required to initiate an appeal of the decision. 6. Appeal, Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing by the City Clerk. Decision final. The decision of the Council on the appeal shall be final and shall become effective upon adoption of the resolution by the Council. D. An appeal may be filed by: A. Administrative determination. Any person affected by an administrative determina~~on or action by the Land-use permit or hearing decision. In the case of a land use permit or hearing decision, by anyone who, in person or through a representative, presented testimony at a public hearin n connection with the decision being appealed, or ise ~nformed the ty in writing of the nature of their concerns before B. 17.88.0~0 - Appeal Subjects and Jurisdiction Determinations and actions that may be appealed, and the authority to act up on an appeal shail be as follows: A. ~rdinance administration and interpretation. The following determinations and actions of the Director or SPARC may be appealed to the Commission and then to the Coun~il: I, Determinations on the meaning or applicability of the provisions of this Zoning O~dinance that are believed to be in error, and cannot be resolved with staff; Any determin~tion that a permit appJication or information submitted with the application is incomplete, in compliance with State law (~overnment Code Section 65943); and 3. Any enforcement action in compliance with Chapter 17.87 (Enforcement). Permi~entitlement and hearing decisions. Decisions by the Director or SPARC may be appealed to the Commission. Decisions by the Commission may be appealed to the Council. 2. . 17.88.060 ~ Appeal Filing, Processing, Review, and Action A. Timing and form of appeal 1. Appeal applications shall be submitted before 5:OO p.m. on the loth business day following the date the decision is rendered by the Rirector or SPARC, or the adoption of the resolution by the Commission. 3 2. Appeal applications addressed to the Commission shall be filed with the ~epa~ment, while appeals addressed to the Council shall be filed with the City Clerk. 3. The appeal application shall: a. b. Specifically state the pertinent facts of the case and the basis for the appeal: Be accompanied by the information identified in the ~epa~ment hand out for appear applications; and Be accompanied by the filing fee established by the Council's Fee Resolution. c. 8. Delay of proceedings. Fili of an appeal shall delay all proceedings associated with the matter subject the appeal (e.g., issuance of a Ce~ificates of ncy, Building or ~rading Permit, etc.), pending the City 's final action on the appeal. C. Joining an appeal. 1. Only those persons who file an appeal within the specified appeal period shall be considered appellants of the matter under appeal. 2. Any person who wishes to join an appeal shall follow the same procedures for an appellant. 3. A person(s) shall not be allowed to join an appeal after the end of the specified appeal period. D. Action on appeals. The appeal body shall conduct a public hearing in compliance with Chapter 17.88 (Public ~earin~s). 1. Scope of review and decision. When reviewing an appeal the review authority may: a. Consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal. The review shall also consider any environmental determination y resolu~ion, uphold, uphold in part, or reverse the action, the dete~mination, or decision that is the subject of the appeal; Adopt add~t~ona~ conditions of approval deemed reasonable and necessa~~ and isa approve the land use permit approved by the previous review authority, even thou~h the appellant only requested a modification or elimina~ion of one or more conditions of approval. b. c. d. 4 2. New evidence. If new or dif~erent evidence is presented during the appeal hearing, the Commission or Council may refer the matter back to the Director, S~ARC, or Commission, as applicable, for a report on the new or different evidence before a final decision on the appeal. 3. Findings. W~en reviewin an appeal the review authority shall adopt findings in support of the intended action on the appeal. The nature of the findings shail be in ~ompliance with the findings adopted by the original review authority. E. Mailing of tesolution. The Director or City Clerk, as applicable to the level of review authority, shall mail a copy of the resolution to the appellant, the applicant (if not the appellant), the Commission, and the Council within 10 days after the date the decision is Rendered. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. No ~andato~ Duty of Care. This ordinance is not intend~d to and shail not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 6. ~evera~ility. If any p~ovision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the o~dinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 7. This ordinance shall be published one time in the “Lodi News-Sentinel,’’ a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this 6’h day of April, 2005 ~5’ Mayor N City Clerk 5 State of Californi~ County of San Joaquin~ ss ity Clerk of the City of Lodi, do hereby certify that Ordinance No. 1757 was introduced at a regular meeting of the City Council of the City of Lodi held arch 16, 2005, and was hereafter passed, adopted and ordered to print at a regular meeting of said Council held April 6, 2005, by the following vote: AYES: COUNCIL MEM ERS - Hansen, Johnson, Mounce, and Mayor Beckman NOES; COUN~IL MEM ENT: COUN~IL M~ERS - Hitchcock A~STAIN: C M~~~S - None I further certify that Ord~nance No. 1757 was app~oved and signed by the ~ayor on the date of its passa e and the same has been published pursuant to law. ity Clerk Approved as to Form: D. ST~PH~N SCH~A City Attorney