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HomeMy WebLinkAboutNS 3.64 ORDINANCE NO. NS3.64 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING IN CHAPTER 2 OF THE CITY CODE, SECTION 9 OF TI{R SUBDIVISION ORDINANCE, AND ARTICLE 24 OF THE ZONING ORDINANCE, RELATING TO THE EFFECTIVE DATE OF ADMINISTRATIVE DECISIONS AND APPEALS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1: Section 2-3.1, entitled "Effective date of administrative decisions," is hereby added to Article I, Chapter 2 of the City Code, to read as follows: "See. 2-3.1 Effective date of administrative decisions All administrative determinations or decisions under this Code shall become effective and final upon expiration of the applicable appeal period set forth in this Code, provided no notice of appeal has been filed within such time. In the event a notice of appeal is filed within said appeal period, then the following rules shall apply: (a) If the appeal is to the Planning Commission, the decision of the Planning Commission shall become effective and final upon expiration of the applicable period for appeal to the City Council, provided no notice of appeal has been filed within such time. If at any time prior to the rendering of a decision by the Planning Commission the appeal is withdrawn, the administrative determination or decision shall, at that time, become effective and final. (b) If the appeal is to the City Council, the decision of the City Council shall become effective and final on the date such decision is rendered. The City Council may thereafter record such decision by adoption of a resolution describing the nature of the appeal, the decision rendered by the Council thereon and the findings or grounds for the decision as articulated by the Councilmembers at the time the decision was made, but such action shall not extend the effective date of the decision provided herein nor shall such action extend the statute of limitations applicable to the decision. If at any time prior to the rendering of a decision by the City Council the appeal is withdrawn, the determination or decision from which the appeal has been taken shall, at that time, become effective and final." SECTION 2: Section 2-3.2, entitled "Appeals." is hereby added to Article I, Chapter 2 of the City Code, to read as follows: "See. 2-3.2 Appeals (a) Right to 8ppeal. Except where an appeals procedure is otherwise specifically set forth in this Code, any interested person objecting to the whole or any portion of an administrative determination or decision made by an official of the city or by the Planning Commission, where such determination or decision involves the exercise of administrative discretion or personal judgment pursuant to any of the 1/21/85 -1- provisions of this Code, may appeal to the City Council by filing with the City Clerk a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council. (b) No alppeal from ministerial acts. No right of appeal to the City Council shall exist when the decision or action is ministerial and does not involve the exercise of administrative discretion or personal judgment pursuant to any of the provisions of this Code. (c) Time limit on notice of appeal. The appellant shall file the notice of appeal with the City Clerk and pay the filing fee thereon within ten days after the date on which the determination or decision is rendered. (d) Sehedale of hearing; notice. Upon the filing of the notice of appeal and payinent of the appeal fee, the City Clerk shall schedule the matter for hearing at the next available regular meeting of the City Council to be held within thirty days after the date on which the notice of appeal is filed. The City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice has been waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice thereof shall also be published once at least ten days prior to the hearing in a newspaper having general circulation in the city and mailed or delivered at least ten days prior to the hearing to any other persons who were entitled under the provisions of this Code to receive notice of the proceedings at which the administrative determination or decision was made. (e) Conduet of hearing by City Council. The City Council shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (f) Decision by City Council. The Council may affirm, reverse or modify the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a determination or decision, the City Council shall have the authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom. (g) Time Hmitation for judicial review. Any action or proceeding to attack, review, set aside, void or annul a decision by the City Council on an appeal taken pursuant to this Section, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date such decision is rendered by the City Council." Sff-CTION 3: Section 9 of Ordinance NS-60, the Subdivision Ordinance is amended 1/21/85 -2- in its entirety to read as follows: "Section 9. Appeal and Review (a) Right to 8ppeal. The subdivider or any interested person may appeal to the City Council any determination or decision of the advisory agency made pursuant to any provision of this ordinance by filing with the City Clerk a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council. (b) Time limit onnotiee of appeal. The appellant shall file the notice of appeal with the City Clerk and pay the filing fee thereon within ten days after the date on which the determination or decision by the advisory agency is rendered. (c) Schedule of hearing; notice. Upon the filing of the notice of appeal and payment of the appeal fee, the City Clerk shall schedule the matter for hearing at the next available regular meeting of the City Council to be held within thirty days after the date on which the notice of appeal is filed. The City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the subdivider if other than the appellant, not less than ten days prior to the hearing, unless such notice has been waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code, except that such notice shall be mailed or delivered to all persons shown on the latest available assessment roll as owning any real property within five hundred feet of the real property that is the subject of the hearing. (d) Conduct of hearing by City Council. The City Council shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the decision of the advisory agency was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (e) Deeision byCityCouneil. Where the appeal has been filed by the subdivider, the Council shall render its decision within ten days after the conclusion of the hearing; where the appeal has been filed by an interested person, the Council shall render its decision within seven days after the conclusion of the hearing. The Council may affirm, reverse or modify the determination or decision of the advisory agency, and may refer the matter back to the advisory agency for such further action as may be directed by the Council. If the appeal relates to any matters covered by the provisions of Section 66473, 66473.5 or 66474 of the Government Code, the decision by the City Council shall include any findings as may be required by such sections. Where an appeal has been filed pertaining to only a portion of a determination or decision by the advisory agency, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom. (f) Time limitation for judicial review. Any action or proceeding to attack, review, set aside, void or annul a decision of the advisory agency or City Council made pursuant to any provision of this ordinance, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the 1/21/85 -3- reasonableness, legality or validity of any condition attached thereto, shall be commenced and service of summons shall be effected within ninety days after the date of such decision." SRCTION 4: Article 24 of Ordinance NS-3, the Zoning Ordinance, is amended in its entirety to read as follows: "Article 24. Appeals See. 24.1 Appeals from administrative decisions An appeal may be taken to the Planning Commission by the applicant or any interested person from the whole or any portion of an administrative determination or decision made by an official of the city pursuant to any of the provisions of this ordinance. See. 24.2 Appeals from decision of Planning Commission An appeal may be taken to the City Council by the applicant or any interested person from the whole or any portion of a decision made by the Planning Commission pursuant to any of the provisions of this ordinance. See. 24.3 Notice of appeal; filing fee All appeals under this Article shall be made by filing a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the Founds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council. See. 24.4 Filing notice of appeal (a) The notice of an appeal to the Planning Commission shall be filed with the Secretary of the Planning Commission. (b) The notice of an appeal to the City Council shall be filed with the City Clerk. See. 24.5 Time limit on notice of appeal The appellant shall file the notice of appeal and pay the filing fee thereon within ten days after the date of the action from which the appeal has been taken. See, 24,6 Review by Planning Commission (a) Schedule of hearing; notice. Upon receipt of the notice of appeal and payment of the filing fee, the Secretary of the Planning Commission shah schedule the matter for hearing at the next regular meeting of the Planning Commission to be held within thirty days after the date on which the notice of appeal is filed. The Secretary of the Planning Commission shall give notice of the date, time and place of the 1/21/85 -4- hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code, except that such notice shall be mailed or delivered to all persons shown on the latest available assessment roll as owning any real property within five hundred feet of the real property that is the subject of the hearing. (b) Conduct of hearing by Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the administrative determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the Planning Commission, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (e) Decision by Planning Commission. The Planning Commission may affirm, reverse or modify the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Commission. Where an appeal has been filed pertaining to only a portion of a determination or decision, the Planning Commission shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom. See. 24,7 Review by City Courteft (a) Schedule of hearing; notice. Upon receipt of the notice of appeal and payment of 'the filing fee, the City Clerk shall schedule the matter for hearing at the next regular meeting of the City Council to be held within thirty days after the date on which the notice of appeal is filed. The City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code, except that such notice shall be mailed or delivered to all persons shown on the latest available assessment roll as owning any real property within five hundred feet of the real property that is the subject of the hearing. (b) Conduct of hearing by City Council. The City Council shall conduct a hearing de novo on the appeal, but no public hearing shall be required unless the decision by the Planning Commission was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (e) Decision by City Council. The City Council may affirm, reverse or modify the decision of the Planning Com,nission, and may refer the matter back to the Planning Commission for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a decision by the Planning Commission, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom. 1/21/S5 -5- See. 24.8 Time Hmitation for judicial review Any action or proceeding to attack, review, set aside, void or annul a decision of the Planning Commission or City Council made pursuant to any provision of this ordinance, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date of such decision and service of summons shall be elferred within one hundred twenty days after the date of such decision." SECTION 4: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saatoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 5: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 6~n day of ~h,~ry, , 1985, by the following vote: AYES: Councilmembers Call~q, Clevenger, Hlava, MDyles and Mayor Fanelti NOES: None ABSENT:None (~MAYOR ATTEST: . . 'S rd U~ CITY CLERK p c k~L~ Deputy 1/21/S5 -6-