HomeMy WebLinkAboutOrdinance 232 -Council appealing Planning Commission decisionsORDINANCE 232
AN ORDINANCE AMENDING ARTICLES 2-05.030 AND 15-90.065 RELATING TO
APPEALS UPON INITIATION OF CITY COUNCIL MEMBERS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS
FOLLOWS:
Section 1. Findings.
The City Council finds and declares as following:
• The proposed Ordinance amendment will ensure that City Councilmembers are
afforded every reasonable opportunity to appeal a Planning Commission action.
Section 2. Adoption.
That Article 2-05.030 (d) is amended to read:
(d) Appeal upon initiative of City Councilmembers. Regardless of whether a notice of appeal is
filed, any two members of the City Council may initiate proceedings for review by the City
Council of any administrative determination or decision, which is appealable pursuant to this
Section. A request for such review shall be made by at least two Councilmembers to the City
Clerk during any regular or special meeting of the City Council held within fifteen days after the
date on which the determination or decision is rendered or, if no regular or adjourned meeting is
held during that fifteen day period, at the next regular or adjourned meeting of the City Council.
Upon such review being initiated, the same procedure shall thereafter be followed as set forth in
this Section and the City Council may take any action as provided in subsection (g) hereof.
That Article 15-90.065 Appeal upon initiative of City Councilmembers is amended to
read:
Regardless of whether a notice of appeal is filed pursuant to subsections 15-90.040(b) and 15-
90.050(b), any two members of the City Council may initiate proceedings for review by the City
Council of any decision made by the Planning Commission, which is appealable under this
Article. A request for such review shall be made by at least two Councilmembers to the City
Clerk during any regular or special meeting of the City Council held within fifteen days after the
date on which the decision is rendered or, if no regular or adjourned meeting is held during that
fifteen day period, at the next regular or adjourned meeting of the City Council. Upon such
review being initiated, the same procedure shall thereafter be followed as set forth in this Article
and the City Council may take any action as provided in subsection 15-90.070(c). (Ord. 71.83 §
7, 1990)
Section 3. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause and phrase is held invalid, the
City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent
that the remaining portions of this ordinance should remain in effect after the invalid
portion has been eliminated.
Section 4. Publication.
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 November 3, 2004, and was adopted by the following vote
following a second reading on the November 17, 2004:
AYES: Councilmembers Stan Bogosian, Norman Kline, Nick Streit,
Vice Mayor Kathleen King
NOES: None
ABSENT: Mayor Ann Waltonsmith
ABSTAIN: None
Ann Waltonsmith, May
Richard Taylor, City Attorney
APPROVED AS TO FORM: