TO: Mayor and Members of City Council
THRU: Planning Commission
Taurus Freeman, MPA - Planning & Zoning Division Manager
FROM: Alicia P. Moore, Esq., MUP - Planner II
DATE: May 18, 2021
RE:
Title
TA21-008: Text Amendments to Article 30 of the Unified Development Ordinance for reconsideration of quasi-judicial decisions.
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2021
Goals 2026
Goal 6: Collaborative Citizen & Business Engagement
* Objective 6.2 - Ensure trust and confidence in City government through transparency & high quality customer service.
Executive Summary:
In general, once a quasi-judicial decision has been rendered, the decision stands and cannot be reconsidered by any board. The exception to this rule is triggered if there has been a material change in relevant ordinance standards or circumstances, such that the application can no longer be considered the same claim. In such case, an applicant can resubmit or submit an amended application for a new decision.
Current City Code impermissibly authorizes reconsideration of quasi-judicial decisions after a one-year waiting period, without regard to material change. The proposed text amendment would change the relevant section of the Code to authorize reconsideration of quasi-judicial decisions only upon a demonstrated material change. This change would align the Code with the applicable case-law requirements.
Background:
Unlike legislative decisions, which may be permissibly reconsidered after one year, the rule for quasi-judicial decisions is that the issue cannot be reheard by any board, irrespective of the amount of time passed since the decision was made. This rule comes from the legal concept of res judicata, which applies to quasi-judicial land use decisions and means that once an issue has been properly decided, that same issue cannot be relitigated. Res judicata does not apply, however, if there has ...
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