HomeMy WebLinkAboutItem 6.5 AmendMuniCode 8.136
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CITY CLERK
File # D[?tJ0[Q]-[dG3]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 20,1998
SUBJECT:
EXHIBITS A TT ACHED:
RECOMMENDATIONtyI
FINANCIAL STATEMENT:
BACKGROUND:
PUBLIC HEARING: P A 98-052 Zoning Ordinance Amendment to
Chapter 8.136 ofthe Municipal Code (Zoning Ordinance) relating to
Appeals. '~f~
(Report Prepared by: ....Dennis Carrington, Senior Planner)
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Ordinance amending Chapter 8.136
Open public hearing and hear staff presentation
Take testimony from the public
Question staff and the public
Close public hearing and deliberate
Waive reading and adopt the Ordinance amending Chapter
8.136 (Exhibit 1) of the Municipal Code
Staff time to process a Zoning Ordinance Amendment. Appeals by
members of the City Council would be processed at City expense.
On October 6, 1998, the City Council introduced an Ordinance amending Chapter 8.136 (Exhibit 1),
Appeals, of the Municipal Code.
RECOMMENDATION
Staff recommends that the City Council: Open public hearing and hear staff presentation, take testimony
from the public, question staff and the public, close public hearing and deliberate, waive reading and
adopt the Ordinance amending Chapter 8.136 (Exhibit 1), Appeals, of the Municipal Code.
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COPIES TO:
In-House Distribution
6.;
ITEM NO.
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.136, APPEALS
OF THE MUNICIPAL CODE (ZONING ORDINANCE)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Chapter 8.136 of the Dublin Municipal Code is amended to read as follows:
"CHAPTER 8.136
APPEALS
8.136.010
Purpose. To establish a procedure for the appeal of a requirement, decision or
determination made by the Zoning Administrator, Director of Community Development, or
Planning Commission.
Intent. The intent of this Chapter is to ensure that appeals of decisions are properly held
and noticed and that the public has a means to appeal decisions made by the City.
8.136.020
Appeal subjects and jurisdiction. Actions and decisions that may be appealed, and the
authority to act upon an appeal shall be as follows:
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A. Administration and interpretation. The following actions ofthe Director may be appealed to
the Planning Commission and then to the City Council:
1. Meaning and applicability of the provisions of Title 8. Determinations on the meaning
or applicability of the provisions of Title 8 of the Dublin Municipal Code that are believed
to be in error, and cannot be resolved with Staff.
2. Incomplete application. Any determination that a permit, application, or information
submitted with the application is incomplete, pursuant to Government Code Section 65943.
B. Permit and Hearing Actions. Except as otherwise provided in this Chapter, actions of the
Director of Community Development and the Zoning Administrator on permits may be appealed
to the Planning Commission and then to the City Council. Actions of the Planning Commission
on permits may be appealed to the City Council. Actions of the City Council are final.
8.136.030
No Appeal From Ministerial Actions. No right of appeal shall exist when the decision or
action is ministerial and does not involve the exercise of judgment or deliberation pursuant
to any provisions of this Title.
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8.136.040
Who may appeal.
A. Administration and Interpretation. An appeal may be filed by any person affected by a
Department administrative action or interpretation as described in Section 8.136.020.A.
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B. Permit and Hearing Actions. An action described in Section 8.l36.020.B may be appealed by:
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1.
Anyone. Anyone who, in person or through a representative explicitly identified as such, .
appeared at a public hearing in connection with the decision being appealed, or who
otherwise informed the City in writing of the nature of his /her concerns before the hearing.
2.
City Council Members. A member ofthe City Council may appeal an ~~tion of the
Zoning Administrator, Community Development Director and Planning Commission. If
an appeal is made by a Council Member, there shall be a presumption applied that the
reason for the appeal is because the appealed action has signi.ficant and material effects on
the quality of life within the City of Dublin. Notwithstanding Section 8.136.050.B, no
other reason need be or shall be stated by the Council Member in his/her written appeal.
No inference of bias shall be made because of such an appeal.
C. Staff Appeal Prohibited. A representative of the City government presenting departmental
recommendations at a hearing is prohibited from appealing a decision reached at such hearing.
8.136.050
Filing Appeals.
A. Appeal Periods. An appeal must be filed within 10 days of the action which is the subject of the
appeal. Appeals filed beyond 10 days shall not be accepted.
Form of appeal. An appeal shall be in writing, shall reference any Planning Application number,
shall fully state the extent of the appeal and the reasons and grounds for appeal, shall include any
information required by the Director of Community Development, and may include any
explanatory materials the appellant wishes to furnish. The appeal shall be accompanied by the
filing fee established by the City Council.
B.
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C. Filed with City Clerk. An appeal shall be filed with the City Clerk.
D. Effect of filing. In the event of an appeal, the decision being appealed shall not be effective until,
final action by the appeal body.
8.136.060
Processing Appeals.
A. Report, Scheduling of Public Hearing, and Action. When an appeal has been filed, the Director
shall prepare a report on the matter and shall schedule the matter for consideration by the
appropriate appeal body after completion of the report. The appeal body shall conduct a public
hearing on the appeal within 45 days of its proper filing and shall take action on the appeal within
75 days of its proper filing. If the matter is not heard within 45 days or if action is not taken
within 75 days of the proper filing of an appeal, the decision being appealed shall be deemed
affirmed.
Notice of Appeal Public Hearing. Notice shall be provided for an appeal public hearing in the
same manner as required for a public hearing by this Title. The appellant shall be responsible for
providing all noticing materials for the appeal hearing.
B.
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c.
Appeal Hearing Procedure. Appeal hearings shall be held at the date, time, and place stated in
the required notice. Minutes of the hearing shall be prepared and an audio tape filed in the
Department or with the City Clerk as appropriate. At the hearing, the appeal body may consider
only those issues involving the matters that are the specific subjects of the appeal; provided that
when the appeal is made by a Council Member the City Council may consider any issue
concerning the application. Any hearing may be continued provided that prior to the adjournment
or recess of the hearing, a clear announcement is made specifying the date, time. .and place to
which said hearing will be continued and provided the continuance is not beyond the 75 day
period for taking action.
D. Action. By a majority vote the appeal body may affirm, affirm in part, or reverse the action,
decision or determination that is the subject ofihe appeal, based upon findings of fact about the
particular case. A tie vote shall mean that no action was taken and shall result in the affirmation of
the action being appealed The findings shall identify the reasons for the action on the appeal, and
verify the compliance or non-compliance of the subject of the appeal with the provisions of this
Chapter. The appeal body shall take action and announce and record its decision at the public
hearing. Following the hearing, the appeal body shall provide written notice ofthe action taken to
the appellant at the address shown upon the application for the appeal.
E. Additional conditions of approval. When reviewing a decision on a permit, the appeal body
may adopt additional conditions of approval that address the specific subject of the appeal.
F.
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8.136.070
8.136.080
Effective Date of Appealed Actions. An action ofthe Zoning Administrator or Director of
Community Development appealed to the Planning Commission shall not become effective until
action on the appeal by the Planning Commission. An action of the Planning Commission
appealed to the City Council shall not become effective until action on the appeal by the City
Council.
Effect of Denial. When an application for a permit is denied on appeal, no application for
the same or substantially same permit or a permit for the same use on the same property
shall be filed for a period of one year from the date of denial, except where the permit was
denied without prejudice.
Relation of appeals procedure under this Title to the appeals procedure of Section
1.04.050 ofthe Dublin Municipal Code. Any appeal under Title 8 shall be processed in
accordance with the appeal provisions of this Chapter and not in accordance with the
appeal provisions of Section 1.04.050 of the Municipal Code."
Section 2. Severabilitv.
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is
held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality,
invalidity, unconstitutionality, or inapplicability shall not affect or impair any ofthe remaining provisions,
clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or
.ircumstances.
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Section 3. Effective Date and Postin!! of Ordinance
This ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. .
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places
in the City of Dublin in accordance with Section 39633 of the Government Code of California.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN
on this 20th day of October, 1998, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
City Clerk
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