HomeMy WebLinkAboutAgenda Report - March 16, 2005 I-02 PHAGENDA ITEM 1402
CITY OF LODI
COUNCIL COMMUNICATION
• TM
AGENDA TITLE: Conduct Public Hearing to consider the Planning Commission's
recommendation of approval to the City Council to amend various sections of
the Lodi Zoning Ordinance that deal with the appeal process for planning
decisions.
MEETING DATE: March 16, 2005
PREPARED BY: David Morimoto, Senior Planner
RECOMMENDED ACTION: That the City Council approve the Planning Commission's
recommendation to amend sections of the Lodi Zoning
Ordinance that deal with the appeal process for planning
decisions. The proposed amendment will establish a standard time period to file all planning appeals and
will add language to clarify the appeal process.
BACKGROUND INFORMATION: The ability of individuals or groups to appeal a governmental
decision is a fundamental part of the local government process.
Most planning or land use decisions can be appealed to a higher
authority. This includes planning staff decisions or interpretations, SPARC decisions, or rulings made by
the Planning Commission. Staff and SPARC decisions can be appealed to the Planning Commission.
Planning Commission decisions can be appealed to the City Council.
Over the years, the Zoning Ordinance has been revised and amended numerous times. Consequently, the
method for making appeals is scattered through several sections of the ordinance and the language varies
from section to section. One particular area of confusion has been the periods of time people are given to
file an appeal. The current time periods range between 5 -calendar days and 20 -calendar days depending
on the action. Use Permits and variances have a 5 -calendar day filing period. Live entertainment and
administrative deviations have a I0 -calendar day filing period. Zoning and general plan amendments
have a 20 -calendar day filing period. It is also confusing as to whether calendar days include weekend
days.
In order to clarify this situation, staff is recommending that a consistent filing period be adopted. The
recommended time period is seven business days from the date the action takes place. This time period
will apply to all appeals covered by the Zoning Ordinance. This seven business day time period would
replace any existing language dealing with appeal time periods that is in the Zoning Ordinance.
APPROVED: '
Blair King, Ci nager
Council Communication
March 16, 2005
Page 2
The second recommended change is the addition of a new chapter to the Zoning Ordinance that deals
specifically with the appeal process. Currently different sections of the Zoning Ordinance have separate
language dealing with appeals each worded in a slightly different way. None of these sections clearly
explains who can file an appeal or what the process will be used for reviewing the appeal.
We are proposing to add Chapter 17.88 -Appeals to the Zoning Ordinance. This chapter will codify the
complete appeal process and hopefully make it easier for both staff and the public to understand the
appeal process.
The proposed text changes are attached as Exhibit A and B.
FISCAL IMPACT: There should be no fiscal impact with this action.
t5��
Konradt Bartlam,Vo—min—iunify-
Development Director
KB/DMllw
JACommunity Development\Pianning\COCOMW00513-16Appeal.doc
Exhibit A
The following sections of the Zoning Ordinance are to be amended. Existing wording that is proposed to
be deleted have a strikethrough (). Wording that is proposed to be added is underlined (word. The
sections all deal with the appeal process.
Section 17.72 — Use Permits and Adjustments
17.72.110 Appeal to council.
A. Any appheant of per -sen elaiming to be, diff-eeCtly and adver-s4y affeeted by any aetion of the plan
appeal With tk@ Gity ele'-d-c- _&@F to dhe Gity eouffeil. The appeal s4a 4 stay t4o issisuffin-ep, Afa
15(e�'��
A. Any actions of the Planning Commission on matters referred to in this chapter may be appealed to the
City Council by filing within seven business days, a written appeal with the City Clerk. The appeal shall
be processed in accordance with Chapter 17.88 -Appeals, of the Lodi Municipal Code.
Section 17.73 — Live Entertainment Permits
17.73.070 Appeals to planning commission
subjeet to appeal to the plafining eemmissioa,by �A444ea request, withi44 W44 d A I (Or -d. 1696
§ i (,.., ) 2000)
Any actions of the reviewing authority on matters referred to in this chapter may be appealed to the
planning commission by filing within seven 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.
Section 17.74 —Administrative Deviations
17.74.070 Appeals to planning commission.
appeal pfeeess sh--a i be a speeified in seet „n 17.72.110. in,.a 1575 § i (, aA) 1993).
Any actions of the reviewing authority on matters referred to in this chapter may be appealed to the
Planning Commission by filing within seven 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 Site Plan and Architectural Committee
17.81.070 Appeal from committee.
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Any actions of the Site Plan and Architectural Committee on matters referred to in this chapter may be
appealed to the Planning Commission by filing within seven 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.
17.84 Amendments (These paragraphs will be deleted and no replacement language added)
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-appeal to the eity eouneil. After- a publie hearing with due netiee as provided in this ehapter- and afte-r-
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- - -
Any actions of the Site Plan and Architectural Committee on matters referred to in this chapter may be
appealed to the Planning Commission by filing within seven 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.
17.84 Amendments (These paragraphs will be deleted and no replacement language added)
> ,
-appeal to the eity eouneil. After- a publie hearing with due netiee as provided in this ehapter- and afte-r-
> >
thereto,It
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on the sides or- aer-ess the
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Exhibit B
This Chapter will be added to Lodi Zoning Ordinance as Chapter 17.88 to codify the appeal process for
various planning actions.
CHAPTER 17.88 - APPEALS
Sections:
17.84.010 - Purpose of Chapter
17.84.020 - Commission's Review
17.84.030 - Council's Review
17.84.040 - Eligibility
17.84.050 - Appeal Subjects and Jurisdiction
17.84.060 - Application Filing, Processing, Review and Action
17.88.010 - Purpose of Chapter
This Chapter establishes procedures for the following:
A. Commission's review. The Commission's review of a decision rendered by the Director or
SPARC.
B. Council's review. The Council's review of a decision rendered by the Commission; and
C. Eligibility. Other eligible appellants, as identified in Section 17.84.040 (Eligibility), below.
17.88.020 - Commission's Review
A. Review The Commission may choose to review a decision rendered by the Director or SPARC.
B. Discussion.
1. A member of the Commission may request the opportunity to discuss any decision previously
rendered.
2. A majority vote of the Commission is required to initiate an appeal of the decision.
C. Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled
for hearing by the Director.
17.88.030 - Council's Review
A. Review The Council may choose to review a decision rendered
by the Commission.
B. Discussion.
1. A member of the Council may request the opportunity to discuss any decision
CADocuments and Settings\jperrin\Local Settings\Temporary Internet Files\0LKC4\3-16Appeal.doc
previously rendered.
2. A majority vote of the Council is required to initiate an appeal of the decision.
C. Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled
for hearing by the City Clerk.
D. 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.
17.88.040 — Eligibility
An appeal may be filed by:
A. Administrative determination. Any person affected by an administrative determination or action
by the Director.
B. 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 hearing in
connection with the decision being appealed, or who otherwise informed the City in writing of the
nature of their concerns before the hearing.
17.88.050 - Appeal Subjects and Jurisdiction
Determinations and actions that may be appealed, and the authority to act up on an appeal shall be
as follows:
A. Ordinance administration and interpretation The following determinations and actions of the
Director or SPARC may be appealed to the Commission and then to the Council:
1. Determinations on the meaning or applicability of the provisions of this Zoning
Ordinance that are believed to be in error, and cannot be resolved with staff;
2. Any determination that a permit application or information submitted with the
application is incomplete, in compliance with State law (Government Code Section 65943); and
3. Any enforcement action in compliance with Chapter 17.87 (Enforcement).
B. Permit/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.
17.88.060 - Appeal Filing, Processing, Review and Action
A. Timing and form of appeal.
1. Appeal applications shall be submitted before 5:00 p.m. on the 7th business day following the
date the decision is rendered by the Director or SPARC, or the adoption of the resolution by the
Commission.
CADocuments and Settings\jperrin\Local Settings\Temporary Internet Files\0LKC4\3-16Appeal.doc
2. Appeal applications addressed to the Commission shall be filed with the Department, while
appeals addressed to the Council shall be filed with the City Clerk.
3. The appeal application shall:
a. Specifically state the pertinent facts of the case and the basis for the appeal;
b. Be accompanied by the information identified in the Department hand out for
appeal applications; and
c. Be accompanied by the filing fee established by the Council's Fee Resolution.
B. Delay of proceedings. Filing of an appeal shall delay all proceeding s associated with the matter
subject to the appeal (e.g., issuance of a Certificates of Occupancy, Building or Grading Permit,
etc.), pending the City 's final action on the appeal.
C. Joining an appeal.
1. Only those persons who file an appeal with in 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 Hearings).
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 authority shall also consider any environmental determination
applicable to the entitlement or decision being
appealed;
b. By resolution, uphold, uphold in part, or reverse the action, the determination,
or decision that is the subject of the appeal;
c. Adopt additional conditions of approval deemed reasonable and necessary; and
d. Disapprove the land use permit approved by the previous review authority, even though the
appellant only requested a modification or elimination of one or more conditions of approval.
2. New evidence. If new or different evidence is presented during the appeal hearing, the
Commission or Council may refer the matter back to the Director, SPARC, or Commission, as
applicable, for a report on the new or different evidence before a final decision on the appeal.
3. Findings. When reviewing an appeal the review authority shall adopt findings in support of the
intended action on the appeal. The nature of the findings shall be in compliance with the findings
adopted by the original review authority.
CADocuments and Settings\jperrin\Local Settings\Temporary Internet Files\0LKC4\3-16Appeal.doc
E. Mailing of resolution. 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.
CADocuments and Settings\jperrin\Local Settings\Temporary Internet Files\OLKC4\3-16Appeal.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODI AMENDING LODI MUNICIPAL CODE TITLE 17 –ZONING,
BY REPEALING AND REENACTING SECTIONS 17.72.110,
17.73.070, 17.74.070, 17.81.070; REPEALING IN THEIR
ENTIRETY SECTIONS 17.84.050 AND 17.84.060; AND
FURTHER ADDING CHAPTER 17.88 - RELATING TO APPEALS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 17 – Zoning is hereby amended by repealing and
re-enacting Sections 17.72.110, 17.73.070, 17.74.070, 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 seven business days, a written appeal with
the City Clerk. The appeal shall be processed in accordance with Chapter 17.88 -
Appeals, of the Lodi Municipal Code.
17.73.070 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 seven 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.
17.74.070 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 seven 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 Committee.
Any actions of the Site Plan and Architectural Committee on matters referred to in this
chapter may be appealed to the Planning Commission by filing within seven 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.
SECTION 2. Lodi Municipal Code Title 17 – Zoning is hereby amended by repealing in
their entirety Section 17.84.050 – Disapproval Recommendation—Appeal to Council, and
Section 17.84.060 – Protest of Property Owners.
SECTION 3. Lodi Municipal Code Title 17 — Zoning is hereby amended by adding
Chapter 17.88 — Appeals, to read as follows:
CHAPTER 17.88 - APPEALS
Sections:
17.84.010 - Purpose of Chapter
17.84.020 - Commission's Review
17.84.030 - Council's Review
17.84.040 - Eligibility
17.84.050 - Appeal Subjects and Jurisdiction
17.84.060 - Application Filing, Processing, Review and Action
17.88.010 - Purpose of Chapter
This Chapter establishes procedures for the following:
A. Commission's review. The Commission's review of a decision rendered by the
Director or SPARC.
B. Council's review. The Council's review of a decision rendered by the
Commission; and
C. Eligibility. Other eligible appellants, as identified in Section 17.84.040 (Eligibility),
below.
17.88.020 - Commission's Review
A. Review. The Commission may choose to review a decision rendered by the
Director or SPARC.
B. Discussion.
1. A member of the Commission may request the opportunity to discuss any
decision previously rendered.
2. A majority vote of the Commission is required to initiate an appeal of the
decision.
C. Appeal. Once the vote to initiate an appeal is passed by a majority, the matter
shall be scheduled for hearing by the Director.
W
17.88.030 - Council's Review
A. Review. The Council may choose to review a decision rendered by the
Commission.
B. Discussion.
1. A member of the Council may request the opportunity to discuss any
decision previously rendered.
2. A majority vote of the Council is required to initiate an appeal of the
decision.
C. Appeal. Once the vote to initiate an appeal is passed by a majority, the matter
shall be scheduled for hearing by the City Clerk.
D. 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.
17.88.040 — Eligibility
An appeal may be filed by:
A. Administrative determination. Any person affected by an administrative
determination or action by the Director.
B. 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 hearing in connection with the decision being appealed, or
who otherwise informed the City in writing of the nature of their concerns before
the hearing.
17.88.050 - Appeal Subjects and Jurisdiction
Determinations and actions that may be appealed, and the authority to act up on
an appeal shall be as follows:
A. Ordinance administration and interpretation. The following determinations and
actions of the Director or SPARC may be appealed to the Commission and then
to the Council:
1. Determinations on the meaning or applicability of the provisions of this
Zoning Ordinance that are believed to be in error, and cannot be resolved
with staff;
2. Any determination that a permit application or information submitted with
the application is incomplete, in compliance with State law (Government
Code Section 65943); and
3
3. Any enforcement action in compliance with Chapter 17.87 (Enforcement).
B. Permit/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.
17.88.060 - Appeal Filing, Processing, Review and Action
A. Timing and form of appeal.
1. Appeal applications shall be submitted before 5:00 p.m. on the 7th
business day following the date the decision is rendered by the Director or
SPARC, or the adoption of the resolution by the Commission.
2. Appeal applications addressed to the Commission shall be filed with the
Department, while appeals addressed to the Council shall be filed with the
City Clerk.
3. The appeal application shall:
a. Specifically state the pertinent facts of the case and the basis for
the appeal;
b. Be accompanied by the information identified in the Department
hand out for appeal applications; and
C. Be accompanied by the filing fee established by the Council's Fee
Resolution.
B. Delay of proceedings. Filing of an appeal shall delay all proceeding s associated
with the matter subject to the appeal (e.g., issuance of a Certificates of
Occupancy, Building or Grading Permit, etc.), pending the City 's final action on
the appeal.
C. Joining an appeal.
1. Only those persons who file an appeal with in 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 Hearings).
2
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
authority shall also consider any environmental determination
applicable to the entitlement or decision being appealed;
b. By resolution, uphold, uphold in part, or reverse the action, the
determination, or decision that is the subject of the appeal;
C. Adopt additional conditions of approval deemed reasonable and
necessary; and
d. Disapprove the land use permit approved by the previous review
authority, even though the appellant only requested a modification
or elimination of one or more conditions of approval.
2. New evidence. If new or different evidence is presented during the appeal
hearing, the Commission or Council may refer the matter back to the
Director, SPARC, or Commission, as applicable, for a report on the new
or different evidence before a final decision on the appeal.
3. Findings. When reviewing an appeal the review authority shall adopt
findings in support of the intended action on the appeal. The nature of the
findings shall be in compliance with the findings adopted by the original
review authority.
E. Mailing of resolution. 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 Mandatory Duty of Care. This ordinance is not intended to and shall
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. Severability. If any provision 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 ordinance 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.
5
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 day of .2005
JOHN BECKMAN
Mayor
Attest:
SUSAN J. BLACKSTON
City Clerk
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. was introduced at a regular meeting of the City Council of the City of
Lodi held March 16, 2005, and was thereafter passed, adopted and ordered to print at a
regular meeting of said Council held , 2005, by the following vote:
AYES: COUNCIL MEMBERS —
NOES; COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
Con
SUSAN J. BLACKSTON
City Clerk
PROOF OF PUBLICATION
(2015.5 C.C.C.P.)
STATE OF CALIFORNIA
County of San Joaquin
f am a citizen of the United States and a resident
of the County aforesaid: i am over the age of
eighteen years and not a party to or interested
in the above entitled matter. I am the principal
clerk of the printer of the Lodi News -Sentinel, a
newspaper of general circulation, printed and
published daily except Sundays and holidays, in
the City of Lodi, California, County of San Joaquin
and which newspaper had been adjudicated a
newspaper of general circulation by the Superior
Court, Department 3, of the County of San Joaquin,
State of California, under the date of May 26th,
1953• Case Number 65990; that the notice of which
the annexed is a printed copy (set in type not
smaller than non-pareil) has been published in
each regular and entire issue of said newspaper
and not in any supplement thereto on the following
dates to -wit -
March 5th
..................................................................................
all in the year 2005.
I certify (or declare) under the penalty of perjury
that the foregoing is true and correct.
Dated at Lodi alifornia, tA' 5th day of
March, zoo
Signature
This space is for the County Clerk's Filing Stamp
MAR 0 8 1005
witY of i QdS
Proof of Publication of
Notice of Public Hearing
City of Lodi, March 16th, 2005
NOTICE Or- PU13UC HEARING
NOTICE IS HEREBY GIVEN thst
on Wdamph,16, 2005.
at 00m.,
or as
soon thereafter as the matter may
be heard, the City Council will
conduct a Public Hearing at the
Carnegie Forcer. 305 West Pine .
Street, Lodi, to consider and
approve the following matter:
a} The Planning Commission's
reoomlrtar+dation to amend vara-
ous sections of the Lodi Zoning
Ordinance that deal with the
appeal process for planning decl-
sions. The proposed amendment
will establish a standard time
period to file all planning appeals
and writ also add language to
darify the appeal process.
Information regarding this Ram
may be obtained In the office of
the Community Development
Department, 221 West Pine
Street. Lodi, California. Ali inter-
ested persona are invited to pros
ent their-rierrs and comments on
this matter. Written statements
may be flied with the City Clerk at
any time prior to the . hearing
schedWed herein, and oral state-
ments may be trade at said (tear-
ing.
If you challenge the s mat-
ter in court, you may be mRed to
raising only 0rose issues you or
srxneone eke raised at the Ptc
oHwIn this notice
maapondnce
delivered to the City Clark, 221
West Pine Street. at or prior to the
Public Hearing.
By Order of the Lodi City Council:
Susan J. Blackston
City Clerk
Dated:March 2. 2005
Approved as to form:
D. Stephan achwabrttrgr
City Attorney
March 5.2005 —08501551
Please mored ateo confirm: receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: SET PUBLIC HEARING FOR MARCH 16, 2005, TO CONSIDER THE PLANNING
COMMISSION'S RECOMMENDATION TO AMEND VARIOUS SECTIONS OF THE LODI
ZONING ORDINANCE THAT DEAL WITH THE APPEAL PROCESS FOR PLANNING
DECISIONS (THE PROPOSED AMENDMENT WILL ESTABLISH A STANDARD TIME
PERIOD TO FILE ALL PLANNING APPEALS AND WILL ALSO ADD LANGUAGE TO
CLARIFY THE APPEAL PROCESS)
PUBLISH DATE: SATURDAY, MARCH 5, 2005
TEAR SHEETS WANTED: Three (3) please
SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, MARCH 3, 2005
ORDERED BY:
JACQUELINE L. TAYLOR, CMC
DEPUTY CITY CLERK
cjcj-�b'�l
KAM J.HADWICK
ADMIN RATIVE CLERK
JENNIFER M. PERRIN, CMC
DEPUTY CITY CLERK
Pace# to ha $en "not at 3¢9-1{)84 at (ti e)F on. ,
IdBied�fiFil.r�4f;1�14,trr
formAadvins.doc
' CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: March 16, 2005
Time: 7:00 p.m.
For information regarding this notice please contact:
Susan J. Blackston
City Clerk
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, March 16, 2005, at the hour of 7:00 p.m., or as soon
thereafter as the matter may be heard, the City Council will conduct a Punic Hearing at the Carnegie Forum,
305 West Pine Street, Lodi, to consider and approve the following matter:
a) The Planning Commission's recommendation to amend various sections of the Lodi Zoning
Ordinance that deal with the appeal process for planning decisions. The proposed amendment will
establish a standard time period to file all planning appeals and will also add language to da* the
appeal process.
Information regarding this item may be obtained in the office of the Community Deveiopment Department,
221 West Pine Street, Lodi, California. All interested persons are invited to present their views and
comments on this matter. Written statements may be filed with the City Cleric at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter 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 delivered to the City
Clerk, 221 West Pine Street, at or prior to the Public Hearing.
By Cider of the Lodi City Council:
Susan J. Bladcston
City Clerk
Dated: March 2, 2005
Approved as to form:
D. Stephen Schwabsuer
City Attorney
N. A Mni 4ralionlCLEFamA NEAR1NOTPCES\NOTCOD.DOC 313105
DECLARATION OF POSTING
SET PUBLIC HEARING FOR MARCH 16, 2005, TO CONSIDER THE PLANNING
COMMISSION'S RECOMMENDATION TO AMEND VARIOUS SECTIONS OF THE LODI
ZONING ORDINANCE THAT DEAL WITH THE APPEAL PROCESS FOR PLANNING
DECISIONS (THE PROPOSED AMENDMENT WILL ESTABLISH A STANDARD TIME
PERIOD TO FILE ALL PLANNING APPEALS AND WILL ALSO ADD LANGUAGE TO
CLARIFY THE APPEAL PROCESS)
On Friday, March 4, 2005, in the City of Lodi, San Joaquin County, California, a copy
of a Notice of Public Hearing to consider the Planning Commission's
recommendation to amend various sections of the Lodi Zoning Ordinance that deal
with the appeal process for planning decisions, (attached hereto, marked Exhibit "A"),
was posted at the following four locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Camegie Forum
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 2, 2005, at Lodi, California
Kari J. C61adwick
Administrative Clerk
N:1AdministradonICLERKIKJCIDECPOSTI .DOC
ORDERED BY:
SUSAN J. BLACKSTON
CITY CLERK
Jacqueline L. Taylor, CMC
Deputy City Clerk
Jennifer M. Perrin, CMC
Deputy City Clerk