HomeMy WebLinkAboutAgenda Report - April 6, 2005 L-02AGENDA ITEM L-02
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AGENDA TITLE: Ordinance No. 1757 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Lodi Municipal Code Title 17 — Zoning, by Repealing and Reenacting
Sections 17.72.1 10, 17.73.070, 17.74.070, and 17.81.070; Repealing in Their
Entirety Sections 17.84.050 and 17.84.060; and Further Adding Chapter 17.88
Relating to Appeals"
MEETING DATE: April 6,2005
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1757.
BACKGROUND INFORMATION: Ordinance No. 1757 entitled, "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, and 17.81.070; Repealing in Their Entirety Sections
17.84.050 and 17.84.060; and Further Adding Chapter 17.88 Relating to Appeals" was introduced at the
regular City Council meeting of March 16, 2005.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required — one to introduce and a second to adopt the
ordinance, Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov'Xode§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
Susan J. Blackston
City Clerk
APPROVED:
Blair , City Manager
counciVcouncom/Ordinance2.d00
ORDINANCE NO. 1757
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 17 -
ZONING, BY REPEALINGAND REENACTING SECTIONS
17.72.1 10, 17.73.070, 17.74.070, AND 17.81.070; REPEALING IN
THEIR ENTIRETY SECTIONS 17.84.050 AND 17.84.060; AND
FURTHERADDING 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 17.72.1 10, 17.73.070, 17.74.070, and 17.81.070 relating to
appeals and shall read as follows:
17.72.1 10 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 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 ten business days, a written
appeal to the Community Development Director. The appeal shall be processed in
accordancewith 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 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 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 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.
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.
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
Directoror 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 previously rendered.
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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 scheduledfor 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 compliancewith Chapter 17.87 (Enforcement).
B. Permittentitlement 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.
Appeal applications shall be submitted before 5:00 p.m. on the 101'
business day following the date the decision is rendered by the Director
or SPARC, or the adoption of the resolution by the Commission.
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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 proceedings 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 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
proceduresfor 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.
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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.
SECTION 7. This ordinance shall be published onetime 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 effectthirty days from and after its passage and approval.
Attest:
SUSAN J. BLACK ON
City Clerk
Approved this a day of April, 2005
15 JA
HN BECKMAN
Mayor
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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. 1757 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 April 6, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Beckman
NOES; COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS — Hitchcock
ABSTAIN: COUNCIL MEMBERS— None
further certify that Ordinance No. 1757 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 SCHWABA
City Attorney
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SUSAN J. BLA STON
City Clerk