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HomeMy WebLinkAbout71.83 ORDINANCE NO. 71. 83 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 2-05.030, ARTICLE 14-05 AND ARTICLE 15-00 OF THE CITY CODE CONCERNING APPEALS TO THE CITY COUNCIL The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Section 2-05.030 in Article 2-05 of the City Code is amended to read as follows: "52-05.030 Appeals (a) Right to appeal 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 a commission, committee or an official of the City, where such determination or decision involves the exercise of administrative discretion or personal judgment pursuant to any of the 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 appeal from mini.~terial aets. 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. (e) 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 fifteen days after the date on which the determination or decision is rendered. (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 adjourned meeting of the City Council held within fifteen days after the date on which ~the determination or decision is rendered. Upon such review being initiated, the sam..e procedure shall thereafter be followed as set forth in this Section and the City Council may take any action as provided in Paragraph (g) hereof. (e) Schedule of hearing;, notice. 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 shali 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 appeal is filed or initiated. The City Clerk shall give notice of the date, Rev. 8/1/90 -1- 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. (f) Conduct of hearing by City Council. The City Council shall conduct a de novo review 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. {g) Deeiaion by City Council The City 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 pertion of a determination or decision, 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. {h) Time limitation 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;~l 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." SECTION 2: Section 14-85.020 in Article 14-85 of the City Code is amended to read as follows: "S14-85.020 Time limit on notice of appeal The appellant shah file the notice of appeal with the City Clerk and pay the filing fee thereon within fifteen days after the date on which the determination or decision by the advisory agency is rendered." SECTION 3: A new section 14-85.025 is added to Article 14-85 of the City .Code, to read as follows: "§14-85.025 Appeal upon initiative of City Councilmembers Regardless of whether a notice of appeal is filed pursuant to Section 14- 85.020, any two members of the City Council may initiate proceedings for review by the City Council of any determination or decision of the advisory agency which is Rev. 8/1/90 -2- 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 adjourned meeting of the City Council held within fifteen days after the date on which the determination or decision is rendered. 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 Section 14-85.050." SECTION 4: Section 14-85.030 in Article 14-85 of the City Code is amended to read as follows: "S14-85.030 Schedule of hearing;, notice 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 at the nevt available regular meeting of the City Council to be held within thirty days after the date on which the appeal is filed or initiated. 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 shall be given in accordance with Section 14-20.060 of this Chapter." SECTION 5: Section 14-85.050 in Article 14-85 of the City Code is amended to read as follows: "~14-85,050 Decision by City Courtell Where the appeal has been filed by the applicant, 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 or initiated by Councilmembers, 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 Sections 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." SECTION 6: Section 15-90.050 in Article 15-90 of the City Code is amended to read as follows: Rev. 8/1/90 -3- nS15-90.050 Time timit on notice of appeal (a) The notice of an appeal to the Planning Commission shall be filed, together with payment of the filing fee, within ten days after the date on which the administrative determination or decision is rendered. (b) The notice of an appeal to the City Council shall be filed, together with payment of the filing fee, within fifteen days after the date on which the decision by the Planning Commision is rendered." SECTION 7: A new Section 15-90.065 is added to Article 15-90 of the City Code, to read as follows: "S15-90.065 Appeal upon initiative of City Councilmembers 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 adjourned meeting of the City Council held within fifteen days after the date on which the decision is rendered. 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)." SECTION 8: Paragraph (a) of Section 15-90.070 in Article 15-90 of the City Code is amended to read as follows: "(a) Schedule of hearing;, notice. Upon receipt of the notice of appeal and payment of the filing fee, or upon an appeal being initiated by members of the City Council, 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 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." SECTION 9: 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 pertions of this Ordinance. The City Council of the City of Saratoga hereby declares that it Rev. 8/1/90 -4- 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 10: 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 :spbcia] meeting of the City Council of the City of Saratoga held on the 27th day of August , 1990, by the following vote: AYES: Councilmembers Anderson, Clevenger, Kohler, Monia, and Mayor Stutzman NOES: None ABSENT: None ATTES~T: -~CiTyCC<~LERK~~ copy o! Ordinance 2'i':`i'j w.hich i~a,s been published ~ccorJ;ng to ~ev. 8/1/90 -5-