HomeMy WebLinkAboutNS-3.51 ORDINANCE NO. N53.5]
AN ORDINANCE OF THE CITY OF SARATOGA ADDING
ARTICLE 24 TO ORDINANCE NS-3, THE ZONING
ORDINANCE, AND REPEALING AND AMENDING
VARIOUS SUPERSEDED OR INCONSISTENT SECTIONS
OF ORDINANCE NS-3
The City Council of the City of Saratoga does hereby ordain
as follows:
SECTION 1: Article 24 is hereby added to Ordinance NS-3,
the Zoning Ordinance, to read as follows:
Article 24. Appeals.
Sec. 24.1. Appeals from administrative decision.
An appeal may be made to the City Planning Commission
by the applicant or any other interested party from any
administrative decision or interpretation made by the
Director of Community Development or any City official
under this Ordinance.
Sec. 24.2. Appeals from decision of Planning Commission.
An appeal may be made to the City Council by the
applicant or any other interested party from any decision
of the City Planning Commission under this Ordinance.
Sec. 24.3. Filing an appeal.
(a) Appeals from any decision of the Director
of Community Development or any City official
who renders a decision or interpretation under
the provisions of this Ordinance shall be made
to the City Planning Commission through the
Director of Community Development.
(b) Appeals from any decision of the City Planning
Commission under this Ordinance shall be made
to the City Council through the City Clerk.
Sec. 24.4. Requirements for appeals.
All appeals shall be made by filing a written notice
thereof, signed by the appellant, clearly identifying the
decision or interpretation from which the appeal has been
taken and the grounds for the appeal. The notice of appeal
shall be accompanied by a filing fee to cover the administra-
tive cost of handling the appeal, in such amount as shall be
established from time totime by resolution of the Saratoga
City Council. The notice of appeal, together with the
required filing fee, must be received by the Director of
Community Development or the City Clerk pursuant to Section
24.3 not later than ten (10) calendar days following the
date of the action from which the appeal has been taken.
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Sec. 24.5. Review by Planning Commission.
(a) An appeal to the Planning Commission from an
administrative decision or interpretation pur-
suant to Section 24.1 shall be scheduled for
hearing at the earliest regular meeting of the
Planning Commission consistent with agenda
preparation requirements and meeting schedules.
The appeal shall be heard by the Planning Com-
.~ mission on a de novo basis, but no public
hearing shall be required unless the administra-
tive decision or interpretation was rendered 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.
(b) The Planning Commission may affirm, reverse or
modify the administrative decision or interpre-
tation, and may refer the matter back to the
Director of Community Development or other City
official for such further action as may be
directed by the Planning Commission. The
Commission shall make such findings as may be
required to support its decision.
Sec. 24.6. Appeal Upon Initiative of City Council.
Within fifteen (15) calendar days following the date
of any final action by the Planning Commission, if no
appeal therefrom has been filed by the applicant or any
other interested party pursuant to Section 24.2, the City
Council may, by resolution, initiate its own proceedings
for review of such action. Upon adoption of such resolution,
the same procedure shall thereafter be followed as set
forth in Section 24.7 and the City Council may take any
action specified in Section 24.7(d).
Sec. 24.7. Hearings and Action by City Council.
(a) An appeal to the City Council pursuant to
Section 24.2 or Section 24.6 shall be scheduled
for hearing at the earliest regular meeting of
the City Council consistent with agenda prepara-
tion requirements and meeting schedules.
(b) All appeals shall be heard by the City Council
on a de novo basis, but the City Council shall
not be required to conduct a noticed public
hearing unless the action by the Planning Com-
mission was taken in connection with _a~proceeding
which required a public hearing; provided, how-
ever, that nothing herein shall prevent the
City Council, in its direction, from receiving
testimony or other evidence from any person per-
taining to the subject matter of the appeal.
(c) All hearings on an appeal may, at the Council's
discretion, be continued for one or more further
hearings without giving notice, save for an oral
announcement during the hearing or at any con-
tinued hearing.
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(d) The City Council may affirm, reverse or modify
the decision of the Planning Commission, and
may refer the matter back to the Planning Com-
mission for such further action as may be
directed by the City Council. The City CounCil
shall make such findings as may be required to
support its decision. The City Council shall
report its findings and action to the applicant
and the Planning Commission within fourteen (14)
calendar days following conclusion of the hearing
on the appeal.
Sec. 24.8. Effective date of decisions.
(a) All administrative decisions or interpretations
by the Director of Community Development or
other City officials under this Ordinance shall
become effective and final immediately upon
expiration of the appeal period set forth in
Section 24.4 if no notice of appeal has been
filed within such time.
(b) All decisions ,by the Planning Commission under
this Ordinance shall become effective and final
fifteen (15) calendar days after the date of
the decision if no notice of appeal has been
filed pursuant to Section 24.4 and no appeal has
been initiated by the City Council pursuant to
Section 24.6.
(c) All decisions reviewed by the City Council
and affirmed or modified on appeal, shall become
effective and final on the date the City Council
renders its decision.
SECTION 2: Section 4.6-3 of Ordinance NS-3 is hereby amended
to read as follows:
Sec. 4.6-3. Same--Disapproval.
If the Commission disapproves a conditional use permit
based on failure of the precise plan to substantially conform
with the housing element, the applicant shall have the choice
of:
1. Revising the precise plan and resubmitting it
to the Commission, or
2. Applying for an amendment to the housing element,
Or
3. Appealing the decision of the Commission to the
City Council in accordance with Article 24 of
this Ordinance.
SECTION 3: Sections 13.5 and 13.6 of Ordinance NS-3 are
hereby repealed in their entirety and the following provision substi-
tuted in place thereof, to be designated as Section 13.5:
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Sec. 13.5. Appeal to City Council.
Upon the granting or.~denial by the Planning Commission
of a design review application, either the applicant or
any other interested person shall have the right to appeal
such decision to the City Council in accordance with the
procedure set forth in Article 24 of this Ordinance.
SECTION 4: The last sentence of Section 16.6 of Ordinance
NS-3 is hereby amended to read as follows:
"The use permit shall become effective upon the
expiration of fifteen (15) days following the date
on which the use permit was granted unless an appeal
has been taken to or initiated by the City Council
under Article 24 of this Ordinance."
SECTION 5: Sections 16.7 and 16.8 of Ordinance NS-3' are
hereby repealed in their entirety and the following provision sub-
stituted in place thereof, to be designated as Section 16.7:
Sec. 16.7. Appeal to City Council.
Upon the granting, denial or revocation by the Planning
Commission of a use permit, either the applicant or any
other interested person shall have the right to appeal such
decision to the City Council in accordance with the proce-
dure set forth in Article 24 of this Ordinance.
SECTION 6: Section 16.9 of Ordinance NS-3 is hereby amended
to read as follows:
Sec. 16.9. Lapse of use permit.
A use permit shall lapse and shall become void one
year following the date on which the use permit became
effective, unless prior to the expiration of one year,
a building permit is issued and construction is commenced
and diligently pursued toward completion on the site which
was the subject of the use permit application or a certifi-
cate of occupancy is_issued for the site or structure which
was the subject of the use permit application. A use permit
may be renewed for an additional period of one year;provided,
that~.prior .to.the expiratiOn_of one year from~the~'date the
use'permito~iginallybecameeffective,'_anlapplication for
renewalof the. use~permit_is.filed with the City Planning
Commission. The Commission may grant or deny an application
for renewal of a use permit. The decision by the Planning
Commission may be appealed to the City Council in accordance
with the procedure set forth in Article 24 of this Ordinance.
SECTION 7:. Section 16.11 of Ordinance NS-3 is hereby amended
to read as follows~'
Sec. 16.11. Revocation.
Upon violation of any applicable provision of this
Ordinance, or if granted subject to a condition or conditions,
upon failure to comply with the condition or conditions, a
use permit shall be suspended automatically. The City
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Planning Commission shall hold a public hearing within
sixty (60) days, in accord Withlthe procedure prescribed
in Section 16.4, and if not satisfied that the regulation,
general provision or condition is being complied with, may
revoke the use permit or take such action as may be neces-
sary to ensure compliance with the regulation,'general
provision or condition. The decision by the Planning
Commission may be appealed to the City Council in
accordance with the procedure set forth in Article 24
of this Ordinance.
SECTION 8: The last sentence of Section 17.6 of Ordinance
NS-3 is hereby amended to read as follows:
"A variance shall become effective upon the expiration
of fifteen (15) days following the date on which the
variance was granted, unless an appeal has been taken
to or initiated by the City Council under Article 24 of
this Ordinance."
SECTION 9: Sections 17.7 and 17.8 of Ordinance NS-3 are
hereby repealed in their entirety and the following provision.sub-
stituted in place thereof, to be designated as Section 17.7:
Sec. 17.7. Appeal to City Council.
Upon the granting, denial or revocation by the Planning
Commission of a variance, either the applicant or any other
interested person shall have the right to appeal such
decision to the City Council in accordance with the pro-
cedures set forth in Article 24 of this Ordinance.
SECTION 10: Section 17.9 of Ordinance NS-3 is hereby amended
to read as follows:
Sec. 17.9. Lapse of variance.
A variance shall lapse and shall become void one year
following the date on which the variance became effective,
unless prior to the expiration of one year, a building permit
is issued and construction is commenced and diligently
pursued toward completion on the site which was the subject
of the variance application or a certificate of occupancy
is issued for the site or structure which was the subject of
the variance application. A variance may be renewed for
an additional period of one year; provided, that prior to
the expiration of one year from the date when the variance
originally became effective, an application for renewal of
the variance is made to the Commission. The Commission may
grant or deny an application for renewal of a variance. The
decision by the Planning Commission may be appealed to the
City Council in accordance with the procedure set forth in
Article 24 of this Ordinance.
SECTION 11: Section 17.10 of Ordinance NS-3 is amended to
read as follows:
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Sec. 17.10. Revocationj
A variance granted subject to a condition or conditions
shall be revoked by the Planning Commission if the condition
or conditions are not complied with. The decision by the
Planning Commission may be appealed to the City Council in
accordance with the procedure set forth in Article 24 of
this Ordinance.
SECTION 12: The first paragraph of Section 23.7 of
Ordinance NS-3 is hereby amended to read as follows:
Sec. 23.7. Appeal to City Council.
Upon the granting or denial of any such temporary use
permit, either the applicant or any interested person may
appeal such decision directly to the City Council, in
accordance with the procedure set forth in Article 24 of
this Ordinance.
SECTION 13: If any section, subsection, sentence, clause
or phrase of this Ordinance is for any reason held by a court of compe-
tent jurisdiction to be invalid, such decision shal~ not affect the
validity of the remaining portions of this Ordinance. The City Council
of the City of Saratoga hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses or phrases be held invalid or unconstitutional.
SECTION 14: This Ordinance shall take effect thirty (30)
days from and after the date of 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 this 2nd day of June , 1982, by the following vote:
AYES: Councilmembers Clevenge~, Jensen, Mallory, Watson, and Mayor Callon
NOES: None
ABSENT: None
MAYOR~
The above ~nd fo!'e~oin~.js a true and correct
ATTEST:
pUb~s.',%:: ~ ,'.?.....~ ::9 '..~.
CITY CLERK -6- D C
Rev. 5/13/82