Memorandum
Date: February 7, 2023
To: The Honorable Lake County Board of Supervisors
From: Mireya G. Turner, Community Development Director
Subject: Second Reading - Adopt Ordinance Amending Chapter 21, Article 58 and Article 68 of the Lake County Zoning Ordinance Relating to Appeals
Executive Summary: At the September 27, 2022, Board of Supervisors meeting, the Board adopted Resolution 2022-121, Resolution of Intention of the Lake County Board of Supervisors to Initiate an Amendment to the Zoning Ordinance Relating to Appeals. Supervisor Sabatier presented the item, noting delays in past appeal hearings due to submission of documents up to and on the day of the hearing. When an Appellant or Appellant’s Representative submits documentation on the day of a hearing, and the deciding body cannot reasonably review the submission during a short break, they typically continue the hearing to a future meeting to allow for review. Requiring documents to be submitted within a reasonable time prior to the meeting would allow the deciding body sufficient time for review prior to the public hearing, avoiding delays through the continuation of the hearing to a future meeting date.
The draft Ordinance would amend Article 58 (Appeals) to add the following requirement to appeal hearings before both the Planning Commission and the Board of Supervisors and to add the following language to Article 68 to define Documentary Evidence.
The following text is recommended for addition as Section 58.27:
“Submission of Documentary Evidence and/or Written Argument. Any party wishing to provide documentary evidence and/or written argument shall submit such documentation to the Clerk of the Planning Commission no later than 96 hours prior to the date and time of the Public Hearing. Documentary evidence and/or written argument submitted after that time shall not be considered by the Planning Commission.”
The following text is recommended for addition as Section 58.36:
“Submission of Documentary Evidence and/or Written Argument. Any party wishing to provide documentary evidence and/or written argument shall submit such documentation to the Clerk of the Board of Supervisors no later than 96 hours prior to the date and time of the Public Hearing. Documentary evidence and/or written argument submitted after that time shall not be considered by the Board of Supervisors.”
The following text is recommended for addition to Section 68.4(d):
“10. Documentary Evidence - Any document which is offered and admitted as evidence during an Administrative Appeal, Planning Commission Appeal, or a Board of Supervisors Appeal as provided in Article 58 of Chapter 21 of the Lake County Zoning Ordinance.”
The draft ordinance was considered by the Planning Commission at their meeting on November 17, 2022. They voted unanimously to recommend approval of the ordinance to the Board of Supervisors.
The Resolution of Intent (RES 2022-121) and the draft ordinance are included as Attachments 1 and 2.
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Recommended Action: Adopt Ordinance Amending Chapter 21, Article 58 and Article 68 of the Lake County Zoning Ordinance Relating to Appeals.