HomeMy WebLinkAbout3.4 TOWN OF LOS ALTOS HILLS April 6, 2006
Staff Report to the Planning Commission
RE: AMENDMENT TO THE ZONING AND SITE DEVELOPMENT CODES WITH
REGARD TO EFFECTIVE DATE, APPEAL, AND COUNCIL REVIEW OF
ACTIONS FOR ZONING AND SITE DEVELOPMENT PERMITS (SECTIONS
10-1.1108-1110, 10-2.1305, AND 10-2.1313)
FROM: Debbie Pedro, AICP, Senior Planner7Q
APPROVED BY: Carl Cahill., Planning Director/Acting City Manager c.L.-
RECOMMENDATION: That the Planning Commission:
Forward a recommendation that the City Council adopt a resolution approving the
proposed amendments to Sections 10-1.1108-1110, 10-2.1305, and 10-2.1313 of the Los
Altos Hills Municipal Code (Appeal Period, Effective Date, and Council Review of
Actions).
DISCUSSION
On February 16, 2006, the Planning Commission reviewed the proposed amendments to
the zoning and site development ordinances. The purpose of the amendments is to
reconcile existing discrepancies in the Town's Municipal Code with regard to the
approval and appeal process for Zoning and Site Development permits, Variances,
Conditional Use Permits (CUP), Conditional Development Permits (CDP), and Fast-
Track project approvals. A brief summary of the amendments is as follow:
Appeal Period
The appeal period for Zoning and Site Development permits, Variances, CUPS, CDPs,
and Fast Track project approvals will be twenty-two (22) days from the date of permit
approval.
Effective Date
Zoning and Site Development permits, Variances, CDPs, CDPs, and Fast Track project
approvals will become effective on the twenty-third 23rd day from the date of permit
approval.
Council Review of Action
Zoning and Site Development permits, Variances, CUPs, CDPs, and Fast Track project
approvals shall be placed on the Council's consent calendar within twenty-two (22) days
from the date of permit approval for the sole purpose of eliciting any desired information,
Staff Report to the Planning Commission
April 6,2006
Page 2 of 2
following which any member of the Council may appeal the matter by noting so on the
record. If the Council does not meet within twenty-two (22) days of the Planning
Commission or site development decision, the City Clerk shall give written notice of the
approval to each Councilmember. Included in that notice shall be the date by which a
written appeal by a Councilmember must be received by the City Clerk.
CEQA STATUS
The proposed ordinance amendment is exempt from California Environmental Quality
Act(CEQA)pursuant to Section 15061(b)(3) of the CEQA Guidelines.
ATTACHMENTS
1. Town of Los Altos Hills Zoning and Site Development Ordinance Sections 10-
1.1108-1110, 10-2.1305, and 10-2.1313
2. Planning Commission staff report dated February 16, 2006
t
Attachment 1
PROPOSED TEXT AMENDMENTS FOR SECTION 10-2.1313
(Zoning and Site Development Permits)
TITLE 10 (Zoning and Site Development). Chapter 2 (Site Development). Article 13
(Administration and Enforcement). Section 1313 (Effective Dates; Appeals)
Sec. 10-2.1313. Effective date; Appeals; Council Review of Actions.
(a) Effective date. Actions of the Planning Director with regard to zoning permits and site
development permits shall become final on the eleventh day following the action, unless an
appeal is filed in accordance with the provisions set forth below. Notice of actions of the
Planning Director that require a public hearing pursuant to Section 10-2.1305(b) shall be
provided to all members of the Planning Commission, to the property owner, to the applicant,
and to all interested parties who submitted written comments or testified at the hearing.
Actions of the Planning Commission with regard to zoning permits, and site development
permits shall become final on the twenty-third day following the action, unless an appeal is
filed in accordance with the provisions set forth below.
(b) Appeals. Any interested party may appeal a decision of the Planning Director to the
Planning Commission by filing a written notice of appeal with the City Clerk within ten (10)
days of the Planning Director's decision. A nonrefundable filing fee and a deposit for services
shall accompany each appeal, except that any member of the Council or any two (2)
members of the Planning Commission may file such an appeal without payment of a fee.
Any interested party may appeal a determination of the Planning Commission to the City
Council�y filing a written notice of appeal with the City Clerk within twenty three (23) days
twenty-two (22) days of the decision. A nonrefundable filing fee and a deposit for services
shall accompany each notice of appeal, except that any member of the Council may file such
an appeal without payment of a fee. The Council or the Planning Commission, whichever is
applicable, shall hold a public hearing in accordance with the provisions of Section
10.1.1105.
(c) Council review of actions. Within twenty-two (22) days of the Planning Commission's
approval of a site development permit for a new residence, secondary dwelling, major
remodel of either, the City Clerk shall note such an approval on the agenda of a City Council
meeting and the Council may discuss the action taken for the sole purpose of eliciting any
desired information, following which any member of the Council may appeal the matter by
noting so on the record. If the Council does not meet within twenty-two (22) days of the
Planning Commission decision, the City Clerk shall give written notice of the approval to
each Councilmember. Included in that notice shall be the date by which a written appeal by a
Councilmember must be received by the City Clerk. If a Councilmember appeals the matter,
the Council shall set the matter for public hearing in accordance with the provisions of
Section 10-1.1105.
1
PROPOSED TEXT AMENDMENTS FOR SECTIONS 10-1.1108-1110
(Variances, Conditional Use Permits,and Conditional Development Permits)
TITLE 10 (Zoning and Site Development). Chapter 1 (Zoning). Article 11 (Appeals,
Variances, Conditional Use Permits, Conditional Development Permits and
Amendments). Sections 1108-1110 (Effective Dates; Appeals; Council Review of
Actions)
Sec. 10-1.1108.Effective dates . Appeals; Council
Review of Actions.
(a) Effective Date. Actions of the Planning Commission with regard to variances, conditional
development permits and appeals form administrative officials shall become final on the
twenty-third day following the action, unless an appeal is filed in accordance with Section
10-1.1109 or Section 10-1.1110.
Actions of the Staff Committee with regard to variances shall become final on the eleventh
day following the action unless an appeal is filed in accordance with Section 10-1.1109.
(§ 1, Ord. 305, eff. October 13, 1986; § 7, Ord. 314, eff. November 6, 1987; §' 1, Ord. 348,
eff. August 16, 1992; § 3, Ord. 372, eff. August 19, 1994)
See. 10 1.1109. Appeals f0om deeisions of the Planning ComwAssion and S
Cemmittee.
(b) Appeals. Any interested party may appeal a decision of the Staff Committee to the
Planning Commission by filing a written notice of appeal with the City Clerk within ten (10)
days of the decision. A nonrefundable filing fee and a deposit for services shall accompany
each appeal, except that any member of the Council or any two (2) members of the Planning
Commission may file such an appeal without payment of a fee.
Any interested party may appeal a decision of the Planning Commission to the Council by
filing a written notice of appeal with the City Clerk within twenty three (23)twenty-two (22)
days of the decision. A nonrefundable filing fee and a deposit for services shall accompany
each appeal, except that any Councilmember may file an appeal without payment-of a fee.
The Council or Planning Commission, whichever is applicable, shall hold a public hearing, in
accordance with the provisions of Section 1-10.1105.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 312, eff. June 5, 1987; § 8, Ord. 314, eff.
November 6, 1987; § 3, Ord. 339, eff. November 3, 1990; § 2, Ord. 348, eff. August-16,
1992; § 4, Ord. 372, eff. August 19, 1994; § 1, Ord. 404, eff. December 4, 1999)
See. 10 1.1110. Couneil review of aetions-.
(c) Council review of actions. Within twenty-two (22) days of the
Planning Commission's approval of a variance, conditional development permit, or ruling
pursuant to Section 10-1.1102, the City Clerk shall note such an approval on the agenda of a
City Council meeting and the Council may discuss the action taken for the sole purpose of
2
c
eliciting any desired information, following which any member of the Council may appeal
the matter to the Council by noting so on the record. If the Council does not meet within
tweiity ene (21) days twenty-two (22) days of the Planning Commission decision, the City
Clerk shall give written notice of the decision to each councilmember. Included in that notice
shall be the date by which a written appeal by a councilmember must be received by the City
Clerk. If a councilmember appeals the matter to the Council, the Council shall set the matter
for public hearing in accordance with the provisions of Section 10-1.1105.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 312, eff. June 5, 1987; § 3, Ord. 348, eff.
August 16, 1992; § 5, Ord. 372, eff. August 19, 1994)
3
PROPOSED TEXT AMENDMENTS FOR SECTION 10-2.1305
(Fast-Track Project Approvals)
TITLE 10 (Zoning and Site Development). Chapter 2 (Site Development). Article 13
(Administration and Enforcement). Section 1305.1 (Fast-Track Process)
Sec. 10-2.1305.1 Fast-track process.
(a) The Planning Director may fast-track any site development application for a project
specified for Planning Commission review under subsection 10-2.1305(c) above, subject to
the determination that:
(1) The project conforms to the Town's General Plan, Zoning and Site Development
Codes, Design Guidelines, Town policies adopted by the Council and subdivision conditions,
where applicable; and
(2)The project would not require approval of a variance or a conditional development
permit; and
(3) There is no substantive neighborhood opposition to the project ("substantive" is
not based on the number of neighbors objecting); and
(4) The applicant agrees in writing to accept all of the proposed conditions of
approval.
(b)The fast-track review process shall consist of the following:
(1) A complete application must be filed pursuant to the provisions of Section 10-
2.1303 above.
(2) Upon the Planning Director's determination that the application is complete, the
applicant shall install story poles at the site to represent an outline of the size and height of
the proposed project.
(3) Upon installation of the story poles to the satisfaction of the Planning Director,
notice of a site development hearing shall be mailed to all owners of property located within
five hundred (500') feet from the subject property, pursuant to the notice provisions of
Section 10-2.1305(c) and to members of the Planning Commission.
(4) The Planning Director shall set a site development hearing for the proposed
project to be held not sooner than ten (10) days after notice is mailed. The hearing shall take
place at the date and time specified in the notice, but the Director shall make every effort to
accommodate the schedules of all interested parties, including continuing the day and/or time
of the meeting if necessary.
4
(5) Environmental Design Committee and Pathways Committee representatives may
participate in the site development hearing, and shall receive notice of the hearing on the
same date that notice is mailed to property owners.
(6) An interim staff report shall be prepared at least five (5) days prior to the hearing,
and be available for public review, outlining the project characteristics (floor area,
development area, height, setbacks, materials, etc.) and its compliance with the Town's
General Plan, Zoning and Site Development Codes, Design Guidelines, Town policies and
subdivision conditions,where applicable.
(7) The hearing shall be conducted by the Planning Director, and no other person may
preside over the hearing unless so authorized by action of the City Council.
(8) The Planning Director shall approve the project if the Director determines that the
project complies with the Town's General Plan, Zoning and Site Development Codes, Design
Guidelines, Town policies and subdivision conditions, if applicable, and that no substantive
neighborhood opposition exists.
(9) A final staff report shall be prepared to supplement the interim staff report with
discussion of any issues raised by neighbors, committee representatives, staff, or the
applicant, and to include the final conditions of approval and the applicant's signed
agreement to those conditions. If opposition to the project exists, that opposition shall be
noted in the final staff report along with the Planning Director's assessment of whether the
opposition is supported by facts or relevant information.
(10) Written notice of the Planning Director's decision shall be provided to the
applicant, all property owners notified of the site development hearing, and any other parties
attending or providing written comments at the hearing, and to the Planning Commission, a
minimum of ten (10) days prior to the end of the appeal period.
(11) Council review of actions. The final staff report shall be forwarded to the City
Council on a consent calendar for a meeting to be held not ea ro,.than to (10) days�later
than twenty ene twenty-two (22) days after the site development decision; in the event
that no Council meeting is held within that period, the City Clerk will notify the Council of
the Planning Director's decision and, if no appeal is made prior to tweRty Effie twent -
two (22)days after the site development hearing, the project will be considered approved.
(12)Appeals. Appeals ef the Planning Direetef' deeisien may be made in wrifing by
City Ge eiUs eensideratieR of the ;to en its eensent ef net 1a « than twenty one
(21) days-nicer—the site de el0pffiefl deei`yi(n in the event that ne Ge ..;1 fneeti
ehedi Any interested party may appeal a decision of the Planning Director to the City
Council by filing a written notice of appeal with the City Clerk within twenty-two (22) days
of the Planning Director's decision. A nonrefundable filing fee and a deposit for services
shall accompany each appeal, except that any naernber of the Council or arty two (2)
members of the Planning Commission may file such an appeal without payment of a fee.
The Council shall hold a public hearing, in accordance with the provisions of Section 1-
10.1105.
5
f
i
13) Effective date. If no appeal is made, the decision of the Planning Director 6haR
be fina hall become final on the twenty-third day following the action. If an appeal is
made, the Council shall set a public hearing to consider the appeal pursuant to the provisions
of subsection 10-2.1313(c) below.
(c) The .Planning Director shall submit an application for a project to the Planning
Commission if the Director determines that:
(1) The project does not conform to the Town's General Plan, Zoning and Site
Development Codes, Design Guidelines, Town policies adopted by the. Council and
subdivision conditions, where-applicable; or
(2) The project would require approval of a variance or conditional development
permit; or ,
(3) There is substantive neighborhood opposition to the project ("substantive" is not
based on the number of neighbors objecting); or
(4) The applicant does not agree to accept all of the proposed conditions of approval
in writing; or
(5)The project presents unique planning issues that need greater discussion.
(d) The Planning Director's determination to fast-track or submit a project to the Planning
Commission is final.
(e) The City Council and no individual Councilmember(s) shall attempt to influence the
Planning Director's determination of whether to fast-track or submit a project to the Planning
Commission.
(f) Councilmember(s) shall not appeal a fast-track project on the basis that the applicant
objects to one or more condition(s) of approval.
(§ 2, Ord. 400, eff. July 31, 1999)
6
ATTACHMENT
t
TOWN OF LOS ALTOS HILLS . February 16, 2006
Staff Report to the Planning Commission
RE: DISCUSSION TO CONSIDER AMENDING ZONING AND SITE
DEVELOPMENT CODES WITH REGARD TO EFFECTIVE DATE, APPEAL,
AND COUNCIL REVIEW OF ACTIONS FOR ZONING AND SITE
DEVELOPMENT PERMITS (SECTIONS 10-1.1108-1110, 10-2.1305, AND 10-
2.1313)
FROM: Debbie Pedro, AICP, Senior Planner
APPROVED BY: Carl Cahill, City Manager Pro Tem
RECOMMENDATION: That the Planning Commission:
Discuss the proposed revisions and direct staff to prepare text amendments to the
ordinances as determined to be necessary.
DISCUSSION
The purpose of the proposed amendment is to correct existing inconsistencies in the
Town's Municipal Code with regard to the approval and appeal process for Zoning and
Site Development permits. Provisions for the approval and appeal process for Zoning
and Site Development Permits are found in the following sections of the Municipal Code:
1. Section 10-2.1313 (Site Development) provides the effective date, appeal process,
and council review of action for Zoning and Site Development Permits.
2. Sections 10-1-1108-1110 (Zoning) provide the effective date, appeal process, and
council review of action for Variances, Conditional Use Permits, and Conditional
Development Permits.
3. Section 10-2.1305 (Site Development) provides the effective date, appeal process,
and council review of action for Fast-track project approvals.
Each of the referenced code sections currently contains slight variations on the effective
date of the permit approval, the appeal process, and requirements for placing projects on
the consent agenda for council review. For example, projects approved under Sections
10-2.1313 (Zoning and Site Development permits) and 10-1.1108 (Variance, CUP, CDP)
become effective on the 23rd day from the date of permit approval while projects
approved under Section 10-2.1305 (Fast-track process) become effective on the 22nd day
from the date of permit approval. In addition, the appeal period for Fast-track permits is
Staff Report to the Planning Commission
v'
February 16,2006
Page 2 of 2
contingent upon City Council's consideration of the item on its consent agenda which
varies from project to project depending on the date of the project approval (Section 10-
2.1305.b.12). The proposed amendments will correct any discrepancies on the effective
date, appeal period, and council review of action in the ordinances so that they will be
consistent throughout the code sections. (See chart below)
SD Zoning Fast Track
Proposed Text Amendment Ordinance Ordinance
(10-2.1313) (10-1.1108-10) (10-2.1305)
Effective Date
"Actions ...with regard to zoning permits and 23rd day 23rd day 22 -ay
site development permits shall become final on 23 rada y
the twenty-third (23rd) day following the
action."
Appeal Not later-than CC
"Any interested party may appeal...to the City Sys 23 da�,s eensent agenda or
Council by filing a written notice of appeal 22 days 22 days Sys
with the City Clerk within twenty-two (22)
days of the decision." 22 days
Council Review of Action
(Consent Calendar) Not earlier than to„
"Within twenty-two (22) days of...approval of
later-
a site development permit....the City Clerk than twenty ---
shall note such an approval on the agenda of a 22 days 2 days
(2 t) .,mer the ..;to
City Council meeting and the Council may 22 days development
discuss the action taken for the sole purpose of
eliciting any desired information, following deeisien
which any member of the Council may appeal 22 days
the matter by noting so on the record.
Attached are copies of the relevant sections of the zoning and site development
ordinances and the proposed revisions.
CEQA STATUS
The proposed ordinance amendment is exempt from California Environmental Quality
Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
ATTACHMENTS
1. Current and proposed Town of Los Altos Hills Zoning and Site Development
Ordinance Sections 10-1.1108-1110, 10-2.1305, and 10-2.1313
�r
PROPOSED TEXT AMENDMENTS FOR SECTIONS 10-1.1108-1110
(Variances, Conditional Use Permits, and Conditional Development Permits)
TITLE 10 (Zoning and Site Development). Chapter 1 (Zoning). Article 11 (Appeals,
Variances, Conditional Use Permits, Conditional Development Permits and
Amendments). Sections 1108-1110 (Effective Dates; Appeals; Council Review of
Actions)
Sec. 10-1.1108. Effective dates of aetions of the Planning Commis Appeals; Council
Review of Actions.
(a) Effective Date. Actions of the Planning Commission with regard to variances, conditional
PP
development permits and appeals form administrative officials shall become final on the
p P
twenty-third day following the action, unless an appeal is filed in accordance with Section
10-1.1109 or Section 10-1.1110.
Actions of the Staff Committee with regard to variances shall become final on the eleventh
day following the action unless an appeal is filed in accordance with Section 10-1.1109.
(§ 1, Ord. 305, eff. October 13, 1986; § 7, Ord. 314, eff. November 6, 1987; § 1, Ord. 348,
eff. August 16, 1992; § 3, Ord. 372, eff. August 19, 1994)
See. 10 1.1 deeiisions--vfthe Planning Cominission
Committee.
(b) Appeals. Any interested party may appeal a decision of the Staff Committee to the
Planning Commission by filing a written notice of appeal with the City Clerk within ten (10)
days of the decision. A nonrefundable filing fee and a deposit for services shall accompany
each appeal, except that any member of the Council or any two (2) members of the Planning
Commission may file such an appeal without payment of a fee.
Any interested party may appeal a decision of the Planning Commission to the Council by
filing a written notice of appeal with the City Clerk within twenty thfee (23) twenty-two (22)
days of the decision. A nonrefundable filing fee and a deposit for services shall accompany
each appeal, except that any Councilmember may file an appeal without payment of a fee.
The Council or Planning Commission, whichever is applicable, shall hold a public hearing, in
accordance with the provisions of Section 1-10.1105.
(§ 1, Ord. 305, eff. October 3, 1986; § 1, Ord. 312, eff. June 5, 1987; § 8, Ord. 314, eff.
November 6, 1987; § 3, Ord. 339, eff. November 3, 1990; § 2, Ord. 348, eff. August 16,
1992; § 4, Ord. 372, eff. August 19, 1994; § 1, Ord. 404, eff. December 4, 1999)
See. 10 1.1zz110. Council review of a£tions.
(c) Council review of actions. Within twenty-two (22) days of the
Planning Commission's approval of a variance, conditional development permit, or ruling
pursuant to Section 10-1.1102, the City Clerk shall note such an approval on the agenda of a
City Council meeting and the Council may discuss the action taken for the sole purpose of
2
d
eliciting any desired information, following which any member of the Council may appeal
the matter to the Council by noting so on the record. If the Council does not meet within
twenty one (21) days twenty-two (22) days of the Planning Commission decision, the City
Clerk shall give written notice of the decision to each councilmember. Included in that notice
shall be the date by which a written appeal by a councilmember must be received by the City
Clerk. If a councilmember appeals the matter to the Council, the Council shall set the matter
for public hearing in accordance with the provisions of Section 10-1.1105.
(§ 1, Ord. 305, eff. October 3, 1986; § 2, Ord. 312, eff. June 5, 1987; § 3, Ord. 348, eff.
August 16, 1992; § 5, Ord. 372, eff. August 19, 1994)
3
{
PROPOSED TEXT AMENDMENTS FOR SECTION 10-2.1305
(Fast-Track Project Approvals)
TITLE 10 (Zoning and Site Development). Chapter 2 (Site Development). Article 13
(Administration and Enforcement). Section 1305.1 (Fast-Track Process)
Sec. 10-2.1305.1 Fast-track process.
(a) The Planning Director may fast-track any site development application for a project
specified for Planning Commission review under subsection 10-2.1305(c) above, subject to
the determination that:
(1) The project conforms to the Town's General Plan, Zoning and Site Development
Codes,Design Guidelines, Town policies adopted by the Council and subdivision conditions,
where applicable; and
(2)The project would not require approval of a variance or a conditional development
permit; and
(3) There is no substantive neighborhood opposition to the project ("substantive" is
not based on the number of neighbors objecting); and
(4) The applicant agrees in writing to accept all of the proposed conditions of
approval.
(b) The fast-track review process shall consist of the following:
(1) A complete application must be filed pursuant to the provisions of Section 10-
2.1303 above.
(2) Upon the Planning Director's determination that the application is complete, the
applicant shall install story poles at the site to represent an outline of the size and height of
the proposed project.
(3) Upon installation of the story poles to the satisfaction of the Planning Director,
notice of a site development hearing shall be mailed to all owners of property located within
five hundred (500') feet from the subject property, pursuant to the notice provisions of
Section 10-2.1305(c) and to members of the Planning Commission.
(4) The Planning Director shall set a site development hearing for the proposed
project to be held not sooner than ten (10) days after notice is mailed. The hearing shall take
place at the date and time specified in the notice, but the Director shall make every effort to
accommodate the schedules of all interested parties, including continuing the day and/or time
of the meeting if necessary.
4
(5) Environmental Design Committee and Pathways Committee representatives may
participate in the site development*hearing, and shall receive notice of the hearing on the
same date that notice is mailed to property owners.
(6) An interim staff report shall,be prepared at least five (5) days prior to the hearing,
and be available for public review, outlining the project characteristics (floor area,
development area, height, setbacks, materials, etc.) and its compliance with the Town's
General Plan, Zoning and Site Development Codes, Design Guidelines, Town policies and
subdivision conditions, where applicable.
(7) The hearing shall be conducted by the Planning Director, and no other person may
preside over the hearing unless so authorized by action of the City Council.
(8) The Planning Director shall approve the project if the Director determines that the
project complies with the Town's General Plan, Zoning and Site Development Codes,Design
Guidelines, Town policies and subdivision conditions, if applicable, and that no substantive
neighborhood opposition exists.
(9) A final staff report shall be prepared to supplement the interim staff report with
discussion of any issues raised by neighbors, committee representatives, staff, or the
applicant, and to include the final conditions of approval and the applicant's signed
agreement to those conditions. If opposition to the project exists, that opposition shall be
noted in the final staff report along with the Planning Director's assessment of whether the
opposition is supported by facts or relevant information.
(10) Written notice of the Planning Director's decision shall be provided to the
applicant, all property owners notified of the site development healing, and any other parties
attending or providing written comments at the hearing, and to the Planning Commission, a
minimum of ten (10) days prior to the end of the appeal period.
(11) Council review of actions. The final staff report shall be forwarded to the City
Council on a consent calendar for a meeting to be held not earlier than ten (10) day later
than manly-one-Q4-) twenty-two (22) days after the site development decision; in the event
that no Council meeting is held within that period, the City Clerk will notify the Council of
the Planning Director's decision and, if no appeal is made prior to twenty efle twentV-
two (22) days after the site development hearing, the project will be considered approved.
(12)Appeals. A _�r A—
I ippeals_ __ _ P!anfihig Difeetof' deeisien may be made in wr-iting4y
.er-est.ed p---,y, Ifieluding by any I—e-i-m-eilmember-, not latef than the date and fifne ef th-e
City Ceuneij� eansideratien ef the iteffi an its eensent ageiida, or- net latef than fity one
(21) days. a'.,er--+,.,. __epment deeisien in the event that no Couneil
rni, „aletT Any interested party may appeal a decision of the Planning Director to the City
Council by filing a written notice of appeal with the City Clerk within twenty-two (22) days
of the Planning Directors decision. A nonrefundable ling fee and a deposit for services
shall accompany each appeal, except that any member of the Council or any two (2)
members of the Planning Commission stay file such an appeal without payment of a fee.
The Council shall hold a public hearing, in accordance with the provisions of Section I-
10.1105.
5
13) Effective date. If no appeal is made, the decision of the Planning Director shall
'��al—. shall become final on the twenty-third day following the action. If an appeal is
made, the Council shall set a public hearing to consider the appeal pursuant to the provisions
of subsection 10-2.1313(c) below.
(c) The Planning Director shall submit an application for a project to the Planning
Commission if the Director determines that:
(1) The project does not conform to the Town's General Plan, Zoning and Site
Development Codes, Design Guidelines, Town policies adopted by the Council and
subdivision conditions, where applicable; or
(2) The project would require approval of a variance or conditional development
permit; or
(3) There is substantive neighborhood opposition to the project ("substantive" is not
based on the number of neighbors objecting); or
(4) The applicant does not agree to accept all of the proposed conditions of approval
in writing; or
(5)The project presents unique planning issues that need greater discussion.
(d) The Planning Director's determination to fast-track or submit a project to the Planning
Commission is final.
(e) The City Council and no individual Councilmember(s) shall attempt to influence the
Planning Director's determination of whether to fast-track or submit a project to the Planning
Commission.
(f) Councilmember(s) shall not appeal a fast-track project on the basis that the applicant
objects to one or more condition(s)'of approval.
(§ 2, Ord. 400, eff. July 31, 1999)
6
PROPOSED TEXT AMENDMENTS FOR SECTION 10-2.1313
(Zoning and Site Development Permits)
TITLE 10 (Zoning and Site Development). Chapter 2 (Site Development). Article 13
(Administration and Enforcement). Section 1313 (Effective Dates; Appeals)
Sec. 10-2.1313. Effective date; Appeals; Council Review of Actions.
(a) Effective date. Actions of the Planning Director with regard to zoning permits and site
development permits shall become final on the eleventh day following the action, unless an
appeal is filed in accordance with the provisions set forth below. Notice of actions of the
Planning Director that require a public hearing pursuant to Section 10-2.1305(b) shall be
provided to all members of the Planning Commission, to the property owner, to the applicant,
and to all interested parties who submitted written comments or testified at the hearing.
Actions of the Planning Commission with regard to zoning permits and site development
permits shall become final on the twenty-third day following the action, unless an appeal is
filed in accordance with the provisions set forth below.
(b) Appeals. Any interested party may appeal a decision of the Planning Director to the
Planning Commission by filing a written notice of appeal with the City Clerk within ten (10)
days of the Planning Director's decision. A nonrefundable filing fee and a deposit for services
shall accompany each appeal, except that any member of the Council or any two (2)
members of the Planning Commission may file such an appeal without payment of a fee.
Any interested party may appeal a determination of the Planning Commission to the City
Council by filing a written notice of appeal with the City Clerk within twenty three (23) days
twenty-two (22) days of the decision. A nonrefundable filing fee and a deposit for services
shall accompany each notice of appeal, except that any member of the Council may file such
an appeal without payment of a fee. The Council or the Planning Commission, whichever is
applicable, shall hold a public hearing in accordance with the provisions of Section
10.1.1105.
(c) Council review of actions. Within twenty-two (22) days of the Planning Commission's
approval of a site development permit for a new residence, secondary dwelling, major
remodel of either, the City Clerk shall note such an approval on the agenda of a City Council
meeting and the Council may discuss the action taken for the sole purpose of eliciting any
desired information, following which any member of the Council may appeal the matter by
noting so on the record. If the Council does not meet within twenty-two (22) days of the
Planning Commission decision, the City Clerk shall give written notice of the approval to
each Councilmember. Included in that notice shall be the date by which a written appeal by a
Councilmember must be received by the City Clerk. If a Councilmember appeals the matter,
the Council shall set the matter for public hearing in accordance with the provisions of
Section 10-1.1105.
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