Attachment 2To: Mayor Sayoc and Council Members
From: Lee Quintana
Re: Other Business Agenda Item 8 - Amend Town Council Agenda
Format
Item 2 at the February 2017 Town Council Study Session with the Planning
Commission was “Foster understanding and explore potential
improvements to the appeal process...” It is my understanding that the
proposed change to the Council Agenda Format results from that
discussion. Please consider my comments below on these proposed
changes:
•The hearing and appeal processes will be improved by requiring
Applicants to submit written materials at least 14 days before a
scheduled hearing.
However, please consider providing additional time if the Appellant is
not the Applicant. In this case the Appellant is potentially at a double
disadvantage. Not only are they less likely to be familiar with the
appeal process, but the Planning Departments hours provides limited
access to the public record that may be needed to prepare their
submittal.
•Consider amending the Commissioner’s Handbook to include a section
on the timing for submittal of written materials by Applicants and
Appellants?
•Consider changes to the Appeal process itself:
1.Limit the appeal to the documents and materials as submitted to the
first deciding body. This should encourage an applicant to submit
their best project to the first deciding body and prevent or decrease
“gaming” as was discussed during the study session.
2.Define the terms used under the current appeal process (Sec.
29.20.300 (b)(1)(2)(3) so that the applicant, the appellant, the
Commission and Council are all on the same page.
(1)Define “error” or “abuse of discretion”
(2)Define “new information”, and define “information not readily and
reasonably available for submission to the Commission”.
(3)Clarify the difference between a policy over which the
Commission did not have discretion to modify and “error” or
“abuse of discretion” as use in (1) above.
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Other Business Item 8 June 20, 2017, Town Council Meeting Lee Quintana
3.Rather than approve a project on appeal with modifications to the
satisfaction of the Director, consider referring the application to the
Planning Commission as the final deciding body, and place on the PC
Consent Calendar. This would prevent the possibility of additional
appeals and would provide greater transparency.
Thank you for your time and consideration.
Lee Quintana
June 19, 2017
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Other Business Item 8 June 20, 2017, Town Council Meeting Lee Quintana