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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OF THE CITY OF SARATOGA ADDING ARTICLE 24 TO ORDINANCE NS-3, THE ZONING ORDINANCE, AND REPEALING AND AMENDING VARIOUS SUPERSEDED OR INCONSISTENT SECTIONS OF ORDINANCE NS-3 The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1: Article 24 is hereby added to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. Rev. 5/13/82 -1- 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. -2- Rev. 5/13/82 (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: -3- ' Rev-' 5/13/82 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 Rev. 5/13/82 -4- 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: Rev. 5/13/82 -5- 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