1 Gonzaga, Natalie
From: Morelion, Warren
Sent: Monday, April 7, 2025 4:14 PM
To: Robert Nigg; Reich, Linda
Cc: Hitz, Michael; Gilbert, Andrea; Gonzaga, Natalie
Subject: Re: [EXT EMAIL] FAR Appeal - Public Notice
Good afternoon Bob,
We are in receipt of your follow up email to the City Manager. We have provided the explanation that no publication is required per the City’s Municipal Code. Regardless, we will include your correspondence below as part of the appeal packet.
Respectfully,
Warren Morelion, AICP
Development Services Director
City of Chino | Development Services Department
13220 Central Avenue | Chino, CA 91710
PO Box 667 | Chino, CA 91708
Direct Phone 909-334-3332
www.cityofchino.org
From: Robert Nigg
Sent: Monday, April 7, 2025 12:24 PM
To: Reich, Linda <[email protected]>; Morelion, Warren <[email protected]> Subject: Re: [EXT EMAIL] FAR Appeal - Public Notice
To: Linda Reich, City Manager, City of Chino
Cc: Warren Morelion, Director of Development Services
I am in disagreement with the response made by Warren today. I believe Warren’s response is just another example of the lack of transparency and accountability being demonstrated by city staff.
First of all, my appeal was made under Section 20.23.150.B.1 of the zoning code which reads: “ Any applicant or any interested person may appeal to the city council, any action or decision of the planning commission.” The Planning Commission clearly took action by voting and made a decision to deny my appeal during the planning commission meeting held on February 19, 2025.
2 Under TABLE 20.23-2 MINIMUM PUBLIC NOTICE AND HEARING REQUIREMENTS , the zoning code unmistakably states that an “Appeal of a Planning Commission action not affecting specific real property” requires a “public hearing” and to “publish” the notice of the hearing. This Table also states “Additional regulations” are required under “20.23.140.C.2”. This Subsection states: “A public notice shall be published one time in a newspaper of general circulation within the city, at least ten days prior to the scheduled hearing.”
It would be capricious and arbitrary, and without any logical foundation for the city to maintain an appeal of an action by the planning commission is not appealable to the city council under the requirements of Table 20.23-2, Subsection 20.23.140.C.2 and Section 20.23.150.B.1. I can think of no other reason for the public notice and publication of the hearing not being completed in accordance with the city zoning code other than it is the intent of the city’s staff to limit the public’s right to know what is going on in the city.
Furthermore, my original appeal to the planning commission heard on February 19, 2025 was made under 20.23.150.A.1 in accordance with Section 20.02.030.D. Unfortunately, the city’s zoning code has erroneous information under Section 20.02.030.D. Wherein this Subsection provides that: “ Appeals.
Any interpretation of the zoning code by the director of community development may be appealed to the planning commission as provided in Subsection 20.22.130.I (Appeals) .” There is no Subsection 20.22.130.I . The appropriate and proper Section for Appeals, is deemed to be Section 20.23.150 - Appeals.
Notwithstanding Section 20.23.150.A.1, there was also the right of a citizen to appeal a Director’s interpretation of the zoning code under Section 20.02.030.D. For further clarification, I have included Section 20.02.030 below and also inquires made on the internet for guidance on how zoning director’s interpretations can be appealed as an action or decision.
I look forward to your prompt response before making any postings of my concerns to the Fern/Schaefer Facebook site. It is also requested that this correspondence be included in the agenda packet to be provided to the city council for my hearing scheduled for April 15, 2025.
Thanks in advance,
Bob Nigg
Chino Zoning Code
20.02.030 - Procedures for interpretation.
A. Request of interpretation. The director of community development shall respond in writing to any written request for interpretation of the regulations set forth in this title, and the following procedure shall apply:
1. The written request shall state which provision is to be interpreted, and it shall provide any information that the director of community development deems necessary to assist in the review.
2. The director of community development shall respond to an interpretation request within thirty days of receiving the request.
3. The director of community development may refer any request for interpretation to the planning commission for a determination.
3 B. Form and content of interpretation. Official interpretations prepared by the director of community development shall be in writing, and shall quote the provisions of the regulations that are being interpreted. The interpretation shall describe the circumstance that caused the need for the interpretation.
C. Official record of interpretations.
An official record of interpretations shall be kept on file by the community development department. The record of interpretations shall be indexed by the number of the section that is the subject of the interpretation and made available for public inspection during normal business hours.
D. Appeals.
Any interpretation of the zoning code by the director of community development may be appealed to the planning commission as provided in Subsection 20.22.130.I (Appeals). If the appeal results in a change of interpretation, the new interpretation shall be filed in the official record of interpretations.
(Ord. 2010-05, § 1(exh. A), 2010.)
----------------------------------------------------------------------------------------------------------------------------- See below for examples of AI generated responses to internet inquiries for appeal rights for interpretations made by zoning directors in California.
It appears artificial intelligence may have more
intellect than the whimsical and unsupported responses being provided by city staff.
California zoning laws, is a written interpretation by the zoning director an action and/or decision?
In California zoning law, a written interpretation by a zoning director, depending on the specific context and local ordinances, can be considered both an action and a decision that can be appealed, as it interprets and applies zoning regulations.
Here's a more detailed explanation:
Action:
The zoning director's interpretation is an action because it involves applying the zoning code to a specific situation or question, thereby influencing the application of the zoning regulations. Decision:
The interpretation is a decision because it determines the meaning or applicability of a zoning requirement, which can impact the rights and obligations of property owners and developers. Appealability:
4 Planning Commissions and City Councils often have the authority to review and potentially overturn the zoning director's interpretation, meaning the interpretation is a decision that can be appealed. Example:
If a zoning director interprets a zoning ordinance to allow a specific type of development in a certain zone, that interpretation is both an action (applying the zoning code) and a decision (determining the allowed uses).
Local Ordinances:
The specific procedures for issuing and appealing zoning director interpretations are typically outlined in local zoning ordinances, so it's important to consult the specific ordinances of the city or county where the property is located.
Written Record:
Interpretations are often required to be in writing and include the facts and reasons supporting the interpretation. This ensures transparency and provides a record for review. Public Review:
The planning department may also be required to maintain records of interpretations for public review.
California zoning laws, is a written interpretation by the zoning director appealable? Yes, in California, a written interpretation by a zoning director is generally appealable, and the specific appeal process is typically outlined in the local zoning ordinance or municipal code.
Here's a more detailed explanation:
Authority to Interpret:
The zoning director (or Community Development Director) often has the authority to interpret the zoning regulations, but these interpretations are not always final.
Appealability:
Many zoning ordinances provide for appeals of the zoning director's interpretations, allowing affected parties to challenge the interpretation.
Appeal Authority:
The appeal authority is usually a Planning Commission or City Council, depending on the specific local jurisdiction.
Appeal Process:
The appeal process typically involves filing a written appeal within a specific timeframe (e.g., 14 calendar days) after the mailing or posting of the notice of decision.
Content of Appeal:
The written appeal should include the name and address of the person filing the appeal, the specific decision being appealed, a description of the grounds for the appeal, and applicable filing fees.
Review by Appeal Authority:
The appeal authority will then review the record and any additional evidence presented and may affirm, reverse, or modify the zoning director's interpretation.
Judicial Review:
In some cases, a final decision by the appeal authority may be subject to judicial review.
Statute of Limitations:
5 It's important to note that there may be a statute of limitations for filing appeals, so it's crucial to act promptly.
Local Variations:
The specific procedures for appealing zoning director interpretations can vary from city to city, so it's essential to consult the local zoning ordinance or municipal code for guidance.
On Monday, April 7, 2025 at 10:44:07 AM PDT, Morelion, Warren <[email protected]> wrote:
Good morning Bob-
The appeal does not require a public notice in the paper. The appeal will be posted at City Hall 72 hours in advance of the meeting as required.
I hope this answers your question.
Respectfully,
Warren Morelion, AICP
Development Services Director
City of Chino | Development Services Department
13220 Central Avenue | Chino, CA 91710
PO Box 667 | Chino, CA 91708
Direct Phone 909-334-3332
www.cityofchino.org
From: Robert Nigg
Sent: Monday, April 7, 2025 9:41 AM
To: Reich, Linda <[email protected]>; Morelion, Warren <[email protected]> Subject: [EXT EMAIL] FAR Appeal - Public Notice
Date: April 7, 2025
Subject: FAR Appeal
To: Linda Reich, City Manager, City of Chino
Cc: Warren Morelion, Director of Development Services Hi Linda,
I am looking forward to my FAR appeal before the city council on April 15, 2025. I checked the April 5-11, 2025 edition of the Chino Champion for the public notice as required under Table 20.23-5 and Section 20.23.140.C.2 of the zoning code. Unfortunately, I could not find any public notice posting in the Champion.
6 Could you please advise me if the public notice of my appeal was posted, and if so, what newspaper of general circulation within the city was the notice published.
If the public notice was not published, could you please promptly provide an explanation to me as to why a public notice was not published.
Thanks,
Robert Nigg
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