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Commission recommends ordinance to standardize public hearings and clarify setback‑exemption process
Summary
The Planning and Zoning Commission voted 4-0 to direct staff to draft a resolution recommending Ordinance 25-03, which standardizes public‑hearing and appeals procedures across Titles 19 and 20 and creates a specific process for setback exemptions affecting preexisting nonconforming structures.
The Planning and Zoning Commission voted 4-0 on March 25 to direct staff to draft a resolution recommending Ordinance 25‑03 to the assembly. The ordinance would consolidate and standardize public‑hearing, notice, and appeals procedures across Titles 19 and 20 of the municipal code and establish a clear hearing path for setback exemptions identified after adoption of Ordinance 24‑09.
Assemblymember Clotte said the measure was proposed to address inconsistent notice and hearing procedures after the recent setback‑exemption discussions and to make the process more transparent for applicants and neighbors. “It consolidates and standardizes public hearing and appeals procedures across titles 19 and 20,” Clotte said, summarizing the ordinance’s intent.
Assemblymember Koladi explained that the change matters for a limited set of properties: the ordinance applies to preexisting nonconforming structures built before Oct. 1, 2024, and places the burden of proof for the exemption on the applicant. “By applying, having that public hearing for the setback exemption, once they have that, they can use that as their proof of exemption,” Koladi said, describing how the exemption would be documented and could transfer with the property.
Commission discussion focused on clarifying the burden of proof and ensuring the public can comment when a neighboring property seeks an exemption. Commissioners noted that the goal is not to allow unregulated building but to create a single, documented hearing for the small number of properties that qualify. The commission voted unanimously to ask staff to prepare a resolution recommending Ordinance 25‑03 for assembly consideration.
Votes at a glance - Motion to direct staff to draft a resolution recommending Ordinance 25‑03 to the assembly: Passed 4‑0 (Silva — yes; Kern — yes; Outkaup — yes; Maybe — yes).
Next steps: staff will draft the resolution and return it to the planning commission for review before the assembly’s second reading.
