Loading...
Entity Staff Report - 7/29/2021COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM: Nick Tarbet, Policy Analyst DATE: July 20, 2021 RE: Text Amendment: Administrative Decision Appeals PLNPCM2020-00352 PROJECT TIMELINE: Briefing: July 20, 2021 Set Date: July 20, 2021 Public Hearing: Aug 17, 2021 Potential Action: Aug 24, 2021 ISSUE AT-A-GLANCE The Council will receive a briefing about a proposal that would amend the Salt Lake City Code pertaining to appeals of administrative decisions. Administrative decisions are made by the Planning Commission, Historic Landmark Commission, or the Zoning Administrator in the administration of the zoning ordinance. The amendments clarify what matters can be decided by the City's Appeals Hearing Officer, who can appeal decisions, and when an appeal can stay a decision, modify City Code to align with State law, related case law, and make other clarifications to the “appeals chapter of the zoning ordinance, including: Clarify that the City Appeals Hearing Officer can only make decisions regarding the interpretation and application of provisions of Salt Lake City Code, not provisions regarding the interpretation and application of provisions of the Utah State Code, the Utah Constitution, Utah common law or federal law. Modify the list of allowed appellants to the land use applicant, City board or officer, or “an adversely affected party” to comply with new State Code. Eliminate automatic stays of decisions. An appellant would have to specifically request and justify a “stay” (a hold on further proceedings on a matter) when appealing an administrative decision. The Planning Commission forwarded a unanimous positive recommendation to the City Council. Page | 2 ADDITIONAL INFORMATION Key Changes A short summary of the key changes is provided below. See pages 2-5 of the Planning Commission staff report for full details. 1. Appeals Hearing Officer Authority Over City and State Code Appeals Clarify that the City Appeals Hearing Officer can only make decisions regarding the interpretation and application of provisions of Salt Lake City Code, not provisions regarding the interpretation and application of provisions of the Utah State Code, the Utah Constitution, Utah common law or federal law. 2. State Code Updates Narrowing Appellants The proposed changes to the City’s appeals chapter would revise the list of allowed appellants to comply with the current State Code allowance. The list of allowed appellants includes: o The land use applicant o City board or officer o An adversely affected party 3. Stays of Decisions for Appeals Eliminate automatic stays of decisions. An appellant would have to specifically request and justify a stay. o Currently City Code specifies that a land use decision is automatically stayed upon submission of an appeal. o The proposal would no longer automatically stay a decision and instead require that an appellant formally request a stay. o The appellant would also need to justify the stay by showing how it would be necessary “to prevent substantial harm” to the appellant. o The Appeals Hearing Officer would then decide on whether to impose a stay. 4. Miscellaneous Changes Clarifications to code references and removal of potentially conflicting language. o Removal of potentially conflicting code regarding record keeping. City record keeping timeframes are imposed by other City Code and State law and the code change reduces the language to simply refer to those in order to avoid conflicts. o Reference the current types of City applications and processes the Appeals Hearing Officer has authority over. o Clarify that there is an application and fee for appeals is included in the “Procedure” section. o Delete reference to the “Historic Preservation Appeal Authority” shown in the draft. Those are intended to reflect a recently adopted ordinance that deleted that entity, which has just not yet been incorporated or “codified” into the official city zoning text. o All the references to that entity were already deleted by another ordinance (5 of 2020). The strike-throughs shown in the legislative version of the ordinance related to the “Historic Preservation Appeal Authority” are now redundant. When the code was being drafted, those changes just weren’t yet codified. Policy Questions: Are there any stakeholders the Administration reached out to, notifying them about the proposed changes? Would it be helpful if the billboard or cell tower companies were contacted directly to inform them of these changes? Are there any other groups who have commonly appealed administrative decisions that could be contacted to work through and/or address potential unintended consequences? Admin. Appeals Text Amendment Appeals Chapter 21A.16 •Regulates appeals of administrative decisions Decisions by: •Planning Commission •Historic Landmarks Commission •Other Administrative decisions •Zoning Administrator/Planning Director/Staff •Appeals heard by an appointed Appeals Hearing Officer •Technical changes to Appeals chapter •Comply with recent state code and case law Admin. Appeals Text Amendment •Clarify authority of Appeals Hearing Officer •Authority over City code appeals only, not state code •Align allowed appellant definition with State Code •(2) "Adversely affected party" means a person other than a land use applicant who: (a) owns real property adjoining the property that is the subject of a land use application or land use decision; or (b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. •Stays of decisions with appeals •Appeals will not automatically stay decisions •Appeals Hearing Officer would decide on stay requests from appellants •Appellant must demonstrate potential substantial harm •Other wording , clarification changes for consistency