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HomeMy WebLinkAboutOrdinance 259ORDINANCE - 259 AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE PROCEDURES FOR SETTING APPEAL HEARINGS BEFORE THE CITY COUNCIL AND PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: WHEREAS, the City seeks to provide a fair an open process of government administration that provides opportunities for public review of certain City decisions and opportunities for the public to appeal those decisions in a timely manner; WHEREAS, the City seeks to provide flexibility in setting dates for consideration of appeals in recognition of residents' schedules and to provide time for parties to disputes concerning City decisions to reach resolution of those disputes prior to consideration of the matter on appeal; WHEREAS, the City also seeks to bring disputed matters to prompt resolution to ensure the effective functioning of government and in respect for the interests of parties to disputed matters to timely decisions by the City; and WHEREAS, amendments to the City Code to further these objectives have been proposed and duly considered and recommended by the Planning Commission and considered by the City Council. Section 1. Adoption. The Saratoga City Code is hereby amended as set forth below (text to be inserted is presented with double underlining while text to be deleted is shown in st~il~eettt): A. Section 2-05.030 (e) of the Saratoga Municipal Code is amended as follows: (e) Schedule of hearing; -ne~iee. Upon the filing of the notice of appeal and payment of the appeal fee, or upon an appeal being initiated by members of the City Council, the City Clerk shall schedule the matter for hearing > > by the Citv Council as follows: 1. A proposed hearing date shall be set within two business davs. The proposed date shall be within 30 calendar davs of the date the anneal was filed. except as provided in subparagraph 2. below. The Citv Clerk shall immediately inform the appellant and the applicant of the proposed date time. and place of the hearing at an e-mail address or fax number provided to the Citv at the time the appeal or application was filed If the appellant or applicant within two business davs requests in writing that the proposed hearing date be extended then the Citv Clerk shall set the date for the next regular meeting of the Citv Council occurring after the proposed date. The Citv Clerk shall inform the appellant and applicant of the new hearing date, time and glace via a-mail or fax. 2. If it is not possible to set the proposed date in a manner that allows the Citv to provide anv notice required by law and set the proposed date at a regularly scheduled meeting within 30 calendar davs of the date the appeal was filed, the date shall be set at the first regularly scheduled Council meeting following the close of anv applicable notice period,_ The Citv Clerk shall immediately inform the appellant and the applicant of the date. time. and place of the hearing at an e-mail address or fax number provided to the Citv at the time the _- appeal or application was filed If the hearing date is set pursuant to this s paragraph 2. then neither the applicant nor appellant shall be authorized to reauest a chance in the hearing date as described in subparagraph 1 above 3. After a hearing date has been set in accordance with subparagraph 1 or 2. above. the appellant or the applicant may reauest in writing. and the Citv Clerk s hall grant. a continu ance of the date provided that the reauest for continu ance is received by the Citv Clerk no later than 14 calendar davs prior to the date set for hearing. The continuance shall be until the next re gular meetin g of the Citv Council occurring after the date for which the matte r had been se t No further continu ances may be authorized by the Citv Clerk. ~ Public Notice. If a public hearing is conducted on the appeal, notice thereof shall also be published once at least ten calendar days prior to the hearing in a newspaper having general circulation in the City and mailed or delivered at least ten calendar 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. B. Section 2-05.030, paragraphs (fJ through (h) are redesignated as paragraphs (g) through (i), respectively. C. Section 1-10.030 of the Saratoga Municipal Code is amended as follows: "Business day" means any day other than a holiday or day that the Citv offices are closed for the entire day for anv reason. D. Section 15-90.060(a) of the Saratoga Municipal Code is amended as follows: 15-90.060 Review by Planning Commission. (a) Schedule of hearing; notice. Ger~iss~e~-sl~al~gi~=e~s~ree-e€-the- , ~ , 7 7 tt~rless-~uel~e~iee-is-~ed~3~e~a~enti~le~te-reeeiv~t-he-s~x~~ T~ ~ ,.'~,:~'~~~r;~~- l~ed-fee~ee---rearp~epert~s-t13e--sub~eet-e~tl3c~~ea-Anneals to the Plannine Commission shall be scheduled and noticed according the terms annlicable to a als to the Citv Council as set forth in subnaragranhs (el and (fl of section 2-05.030 xcent that all references therein to the Citv Council shall be references to the Planning Commission and all references to the Citv~erk shall be references to the Secretarv of the Planning Commission. Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 5061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 3. Publication. This ordinance was properly noticed and reviewed by the Planning Commission at a public meeting on May 28, 2008. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 2"d day of July, 2008, and was adopted by the following vote following a second reading on the 16~' day of July, 2008: COUNCIL MEMBERS: AYES: Aileen Kao, Jill Hunter, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith NAYS: None ABSENT: None ABSTAIN: None SIGNED: Ann Waltonsmith, MAYOR OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ATTEST: Ann , ACTING CITY CLERK OF THE CITY OF SARATOGA Richard Taylor, CITY ATTORNEY ORDINANCE-259_ THE MtNBCBMI CODE PROCEDURES fOR BEFORE T11E Ullf OOIINCII AND PLAMNIN6 COIMAIS- SION THE Cfllf COUNfA OF THE CITY OF SARAT06A DOES ORDAIN AS fOt10Mf5: WHEREAS, tbe City seeks to provide a fair an open process of government administration that provides opportunties for public review of attain City dea- sroe and opportunities for the public ro appeal Hasa decisions in a timely manner; WHEREAS, tbe Gty seeks to provide flexibility in setting dates for consideration of appeals in rewgnition of res- idents' sdreclrde3and ro pro- vide time for parties ro dis- putes concerr~rrg Crty deti- stons to reach resolution of those disputes prior to corn sideratan nt the matter on WaEAS, tae city also seeks to brhrg disputed mat- ters roprompt resolutron to enwre the effective function- hearing date be extended, ing of government and in then the City Clerk shall set respect for the interests of the date for the next regular parties to disputed matters meeting of the dty Council to timely decisions by the occurring after the proposed CUy and date. The City Clerk shall. WHEREAS, amendment;- ro inform the appellant and the Cit)r Code to furtirertifeslE applicant of the new hearMg obiectwes have "been prop date. time and place via e- posed and duty ceasidered" maa or fax. . and recooQaended ~ the 2. Ff R is not possUrle to set Manning Comais~sbrr and tbe proposed date in a man- considered by the City net that allows the Uty to CountiL provide any notice required Sectloa L y law and set the proposed Adoption. date at a regularly scheduled The Saratoga City Code is meeting within 30 calendar hereby amended as set forth days of the date tbe appeal bekwo (text ro be inserted is was filed, the date shall be presented with double set at the first regularly underlining while text to be scheduled Council meeting deleted is shown in strike- following the close of an out): A. Berlins 2-05.030 (e) of applicable notice period. The City Uerk shall immedi- the Saratoga Municipal Code ately inform the appellant is amended ~ follows:. and the applicant of the date, (e) Schedule of hearing; time, and "place of the hear- notice. Upon the filing of the ing at an a-mail address or notice of appeal and pay- fax number provided to the meet of the appeal fee, or Uty at the time the appeal or upon an appeal eb krg initiat- applicatkrn was filed. If the ed by members of the hearing date is set urwant Counci4 the dark m t schedule the atter for bear- either thep nt of ing of the next available leg- appellant shall be authorized ular meeting of the City to request a change in the CouncU to"be held within bearing date as described in t~i days after tbe date on subparagraph 1, above. tbe appeal is filed or 3. After a hearing date has initiated. The Uty Clerk shall. been set in aaordance with give ratite of the date, time wbparagraph 1 er 2, above, and place of tbe hearing to tbe appellant or the appli- the appellant, and to the. cant may request m wntirrg, applcant if other than tbe and tire City deck shall grant, appellant,. not less than ten a continuance of the date days prbr to the hearing, provided that the request for unless sndr notice has been oaNfmrutnce is received by ~ s ~ teiv e the ame. 14 t~ errdx days prior ro the City Counts es follows: dare set for hearing. The 1. A proposed hearing date continuance shall be until shall b e set within two M~ti- tbe next regtdar meeting of d ~ ~ ~ o i dale shwa be wilMn ntter d Mfiich the dar days of tbe date tbe~ matter had bten set. No fur- aPPeM was ~. ~~ 2 ay ~Tbe Cad Clerk be aauthorized tbe C cl k ~ ~ y immediately inform the er . (f) t-ubik Notice. ff a publk appellant and the appacatrt beadrrg is wrafucted on the or the proposed date. time. and 1 of the hearing at appeal, rrotige thereof shad also be pubBalred once at an e-mail address or fax . least ten calendar days prior number ro the City to the hearing in a newspa- at tbe tbe appeal or per having general circule. appacaNaa tvae-faad. ff the tins in the City and mailed or two inlirus« ~S wOr~ ~pd,r r the h~ebrg is ~ Ytat ~ 1rePaed Y say altrar paraarrs Criss were entitled under the pro- visions of this Code to receive notice of the pro- ceedings atwhich the admkr- istrative determination or decision was made. B.' Sedion 2-05.030, para- graphs (f) through (h) are .redesignated as paragraphs (B) through (i), respectively. C. Section 1-10.030 of the Saratoga Murclcipal Code is ammended as fdiows: Business day" means any day other than a holiday or day that the City offices are closed for the entire day for any reason. D. Section 15-90.060(a) of the Saratoga Municipal Code is amended as follows: 15-90.060 Review by Planning Commission. (a) Schedule of hearing; notice. Upon receipt of the notice of appeal and pay- ment of the filing fee, the Secretary of the Planning Commission shall schedule the matter For hearing at the next available regular meeting of the Planning Commission ro be heM with- in thirty days after tbe date on which the notice of appeal is filed. Tbe Secretary of the Planning Commission shall give notice of tbe date, time and place of the hearing to the appellant, and to the applicant if otber than the appellant, not less than ten days prior to the .hearing, unless wch notice is waived by the party entitled to receive tbe same. If a pubac hearing is concluded on tbe appeal, notirx'ShaN be given in accordance with Sedion 65091 of the Government Code, except that wch notice shaa be mailed or deavered to all persons shown on the latest avai{~le asse~ment roll as owning arty real ~p- erty wahin Bve hundred hd of tbe real property that. is the wbject of the bearing. Appeals to tbe Planning commission shila.be sdred- uled and noticed accordhrg the terms appUcable to appeals to the City Counal as set forth in wbparagraphs (e) and (f) of section 2= 05.030 except that all refer- ences lberehr to the Cky Ceara MaR Mwtereaes ro tits Plartnhrg Carrrarkaiarr and all references to the City Clerk shall be references "to the Secretary of the Planning Commission. r#### t.aafomia Eavbonnlenttl ft W the Cafifomia Emiroementat Quality Act,. this adios is exempt under CEQA Guidelines Section 5061(b)(3) (where U can be seen with certainty that there is nq possibility that the adiviiy in question may have a significant effect on the ernironment, the activity is trot wbjed to CEQA). Section 3. Publication. This ordinance was properly noticed and reviewed by the Planning Commission at a p ~ic meeting on May 28, This ordinance or a compre- hensive summary thereof sbea be ublished in a news- paper of general circulation of the City of Saratoga within fifteen days after its adop- tion. The foregoing ordinance was introduced and- read at tbe regular meeting of the City Council of the Uty of Saratoga beld on the 2nd day of July, 2008, and was adopted by the following vote following a second read- ing on the 16M day of Jinn 2008: COUNCIL MEMBERS: AYES: Aileen Kao, )al Hunter, Kathh ing, Vice Mayor Chuck Mayor Ann WaRonsmiM NAYS: None ABSENT )tone ABSTAIN: Notre SI6ME®: Anq WaRonsmiti-, SARAT~pGI~t CIiY ATTEST Ann Snaivan, ACTNIG CItY CilflK OF THE CITY OF SARATOGA APPROVED AS TO FORM: a Tayk"' (Pub SK