HomeMy WebLinkAboutOrd 11-82 Appeal Procedure/PlanORDINANCE NO. ,11
AN ORDINANCE OF THE CITY OF DUBLIN
ESTABLISHING A PROCEDURE FOR AN APPEAL
OF ANY ACTION TAKEN BY THE PLANNING
'COMMISSION OR PLANNING DIRECTOR
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1. DEFINITIONS
An appeal may be taken to the City Council within
ten (10) days after the date of any action taken by either the
Planning Commission, the Planning Director or the Zoning Adminis-
trator regarding any matter requiring the approval of the Planning
Commission or .the Planning Director. The appeal may be taken
by any property owner or other person aggrieved or by a City
officer, department, board or com~ission affected by the action
within said ten (10) day period, by filing with the City Clerk
a notice of appeal specifying the grounds for such appeal.
Filing such notice shall stay all proceedings in furtherance of
the order appealed from.
Section 2. TRANSMITTAL OF RECORD
The City Clerk shall indicate upon every notice
of appeal received pursuant to Section 1 the date upon which it
was filed, and shall forthwith transmit a copy thereof to the
Planning Director. The Planning Director shall immediately make
available to the City Council all. of the documents constituting
the record upon which the action appealed was taken.
Section 3. REPRESENTATION
The Planning Director Shall be represented at the
hearing on the appeal, in order to make known the reasons for
the action taken.
Section 4. NOTICE OF HEARING
The City Council shall give written notice of the
time and place for hearing any appeal filed pursuant to Section 1.
Such notice may be published and shall be given to the applicant,
to the appellant, to the Planning Commission and the Planning
Director, and to any other person requesting such notice and
depositing with the City Clerk a self-addressed, stamped envelope
to be used for that purpose.
,Section 5.
ACTION ON APPEAL BY CITY COUNCIL
The City Council may hear additional evidence
and may sustain, modify or overrule any action brought before
it on appeal pursuant to Section 1, and may make such findings
and decisions as are not inconsistent with State law and City
ordinances; provided that, if no motion relative to the
action appealed attains a majority vote of the City Council
within thirty (30) days from the date of the hearing by said
City Council thereon said action shall stand sustained and
be final.
Section 6. "-'SUPERSESSION OF 'COUNTY ORDINANCE
It is the intention of the City Council of the
City of Dublin that as of the effective date of this Ordinance,
it shall supersede the effectiveness of Sections 8-102.0,
8-102.1, 8-102..2, 8-102.3 'and 8-102.4 of the County of Alameda
County Ordinance Code as implemented and adopted by Ordinance
No. 1 of the City of Dublin. However, it is not intended that
this Ordinance shall supersede any other portion of the
Alameda County Ordinance Code, insofar as said provisions are
consistent with this Ordinance.
Section 7. URGENCY MATTER
The City of Dublin presently has neither a Planning
Commission or a Planning Director. There is, therefore,
no local control over planning decisions which may affect the
public peace, health or safety. The City Council finds that
this Ordinance is therefore necessary for the immediate
preservation of the-public peac~, health and safety, and
it shall take effect immediately.
PASSED AND ADOPTED by the City Council Of the City of
Dublin on this '' 29th day of''-'' March , 1982, by the
following vote:
AYES:
COUNCILMEMBERS Burton, Hegarty, Jeffery, Moffatt and
Mayor Snyder
NOES: None
ABSENT: None
Attest:
Mayor
By
Clerk