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8.A. - Page 1 <br /> RE PO RT <br /> To the Honorable Mayor and City Council <br /> From the Cit Mana er <br /> October 10, 2011 <br /> SUBJECT <br /> Report regarding Amendments to Appeal and notice of public hearings provisions in <br /> Municipal Code and Zoning Ordinance <br /> RECOMMENDATION <br /> Receive Report Regarding proposed amendments and provide input and direction. <br /> Refer to the Planning Commission for a recommendation on the Zoning Ordinances. <br /> BACKGROUND <br /> The appeal and notice provisions in the Municipal Code and in the Zoning Ordinance <br /> are in need of updating to achieve consistency with state law and with other appeal <br /> provisions in the code. This is also a good opportunity to streamline some of the appeal <br /> procedures. <br /> Proposed Ordinances <br /> There are three ordinances proposed at this time. The first amends Article 48 of the <br /> Zoning Code regarding appeals. The second amends Article 49 of the Zoning Code <br /> regarding notice of public hearings. The third amends Chapter 1 of the Municipal Code <br /> to add general appeals procedures. <br /> The main provisions of the proposed amendments to Article 48 of the Zoning Code are <br /> as follows: <br /> 1. Provides that appeals from decisions of the Zoning Administrator, Planning <br /> Manager and Community Development Director are to the Planning <br /> Commission, whose decisions on such appeals, is final. Currently these appeals <br /> are to the City Council. The Zoning Administrator hears and grants Conditional <br /> Use Permits, Variances, parking requirement exceptions, Planned Development <br /> Permits for projects of less than one acre, Architectural Permits and several other <br /> minor permits. The Planning Manager determines second unit applications and <br /> several other minor permits. <br /> 2. Allows a Councilmember to request review of any matter determined by the <br /> Planning Commission, Zoning Administrator or Community Development <br /> Director. That matter would then be processed as an appeal to the City Council. <br /> 3. Provides that all appeals must be filed within 15 days from the date of the notice <br /> of the decision being appealed. Currently the time within which an appeal must <br /> be filed differ from section to section with some times as short as seven days. <br />