The URL can be used to link to this page

Home My WebLink AboutTransmittal - 7/1/2025SALT LAKE CITY TRANSMITTAL To: Salt Lake City Council Chair Submission Date: 05/20/2025 Date Sent to Council: 05/22/2025 From: Department * Community and Neighborhood Employee Name: Norris, Nick E-mail nick.norris@slc.gov Department Director Signature Director Signed Date 05/20/2025 Chief Administrator Officer's Signature Chief Administrator Officer's Signed Date 05/22/2025 Subject: Text Amendment Replacing Public Hearing Requirements for Appeals and Variances with Public Meetings Additional Staff Contact:Presenters/Staff Table Nick Norris, nick.norris@slc.gov Document Type Ordinance Budget Impact? Yes No Recommendation: That the proposed text amendment be adopted. Background/Discussion See ﬁrst attachment for Background/Discussion Will there need to be a public hearing for this item?* Yes No Public Process This text amendment is exempt from the 45 -day public input period because the amendment is necessary to comply with Utah State Code. The Planning Commission held a public hearing on the matter (see chronology) after required noticing was provided. The City Council is required to provide a minimum 12 day public notice prior to holding a public hearing. The public hearing is required before the City Council can decide this matter. ERIN MENDENHALL DEPARTMENT of COMMUNITY Mayor and NEIGHBORHOODS Tammy Hunsaker Director SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005 CITY COUNCIL TRANSMITTAL BACKGROUND/DISCUSSION: During the 2025 Utah Legislative session, House Bill 368 was passed which, among other things, prohibited cities from holding a public hearing for any appeals of a land use decision and requests for variances. The law was signed by the Governor on April 7, 2025 and goes into effect on May 7, 2025. Salt Lake City Code requires a public hearing for appeals of decisions made at the staff level (Title 21A.14) and for requests for variances (Title 21A.16). Due to HB 368, the city will no longer be able to hold public hearings for these two types of applications. This request would remove the public hearing requirements for appeals of administrative decisions made at the staff level and for variances. The decisions will still be subject to a public meeting and the public will still be notified of the public meeting. In addition, during the notice period of the public meeting written evidence related to the appeal or the variance request may be submitted and will be provided to the hearing officer. Regardless of the decision to amend the text of Title 21A, starting on May 7, 2025 the city cannot hold a public hearing for appeals or variances. PUBLIC PROCESS: City Code 21A.10 does not require a 45-day public engagement period for text amendments that are necessary to bring the city code into compliance with state or federal law. This item was posted on the Planning Division Open House website on April 8, 2025 and the Planning Commission public hearing was posted and noticed on April 9, 2025. No entities or individuals have requested to receive notice regarding this petition so there are no mailed notices required. Planning Commission (PC) Records a) PC Agenda of April 23, 2025 b) PC Minutes of April 23, 2025 c) Planning Commission Staff Report April 23, 2025 EXHIBITS: The following is a list of attachments/files to be included in the final transmittal via Laserfiche. These files do not need to be combined into a single PDF; they can be uploaded as separate attachments. Please ensure that each Exhibit is saved with the exact file name specified below. 1) Ordinance 2) Project Chronology 3) Notice of City Council Public Hearing 4) Original Petition Project Chronology PLNPCM2025-00327 March 12, 2025 HB 368 Passed by the Utah Legislature March 26, 2025 HB 368 signed by Governor Cox March 31, 2025 Petition initiated by Mayor Erin Mendenhall April 8, 2025 Information posted on Planning Division Open House Page April 10, 2025 Notice posted on City website, Utah State Public Notice Website and emailed to Planning Division email list serve. April 23, 2025 Planning Commission public hearing held. Planning Commission recommends that the City Council adopt the proposal.