Ordinance Number 769S11
ORDINANCE NO. 769
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AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, CHAPTER 2, ARTICLE 3, SECTION
9-2.314 OF THE MUNICIPAL CODE ENTITLED "APPEALS"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
1. Section 9-2.314 (Appeals) of the Municipal Code sets forth the procedures
for considering appeals of actions by the various appointed commissions, boards, committees,
staff, and other City bodies where authority has been granted to take a final decision regulated by
the Municipal Code; and,
2. The present language in this section allows the City Council to appeal
actions of the above noted bodies which constitutes a conflict of interest as determined by a recent
California Appellant Court decision; and,
3. The present language does not identify a procedure to review and confirm
the validity of an appeal; and,
4. The present language of this section limits the type of individuals or groups
that may file an appeal; and,
5. The present language establishes a 21 -day appeal period which may, due to
the length of time involved creates a burden upon applications; and,
6. The City Council on May 2, 1995 initiated consideration of this amendment
to the Municipal Code.
Title 9, Chapter 2, Article 3, Section 9-2.314 is hereby amended in its entirety to
read as follows:
Section 9-2.314. Appeals.
(a) Introduction and City Council authority. All decisions by City commissions,
boards, committees, staff, or other City bodies regulated by this chapter where
authority has been granted to take a final action or decision regulated by this
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chapter are subject to appeal to the City Council, unless said appeal is subject to
a specific procedure adopted as part of this Title (Land Use).
(b) Time period for submission of appeal. An appeal shall be filed in writing on a
form provided by the City Clerk. The appeal shall state the specific reasons for
making the appeal. Said appeal form shall be filed with the City Clerk within
fifteen (15) days following an action or decision by a City commission, board,
committees, staff or other City body.
(c) Who may initiate appeals. An applicant, any resident of the City, any owner of
real property in the City, or a tenant or leaseholder of property which is located
adjacent to/or within 300 feet of the property boundaries of the application being
appealed, or an individual or firm that may be effected by the decision on the
application . The filing of a valid appeal shall stay all further actions/decisions on
the matter being appealed.
(d) Appeal review procedures. The following procedures shall be used in considering
an appeal filed with the City Clerk:
(1) Determination of Valid Appeal - Prior to scheduling an appeal for City
Council consideration, the City Clerk shall review the appeal form for
completeness. An appeal must include the following to be considered
complete:
(i) Name, address, and telephone number of the person filing the
appeal.
(ii) Payment of the applicable appeal fee.
(iii) Statement of what is being appealed.
In reviewing the application for completeness, the City Clerk shall make a
determination that the appeal is valid. In making this determination the City
Clerk shall make the following findings:
(1) The specific reason for filing the appeal as stated on the appeal
form, relates to a discretionary action which was under
consideration by the decision-making body.
(2) The individual is qualified to file an appeal as meeting the definition
listed under subsection (c) above.
If it is the determination that the appeal is valid, the appeal will be
scheduled for City Council consideration and heard in the same manner as
the action was heard by the prior decision-making body. For example, a
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public hearing will be required if the action being appealed required a
public hearing. If the determination is made by the City Clerk is that the
appeal is not valid, the City Clerk shall notify the appellant in writing with
findings, return the appeal fee
and set the administrative determination on the next City Council meeting
for confirmation by the Council. If the City Council does not confirm the
administrative determination, the appeal shall be scheduled in accordance
with subsection (e) of this Section.
(e) City Council review. The City Council shall take action within forty-five (45)
days following receipt of the appeal by the City Clerk. The Council's action shall
be to affirm, reaffirm, reverse, or modify the decision being appealed. All City
Council actions shall be by resolution and shall be final.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this Ordinance, together
with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 15th day of
August 1995.
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CAROLYN $ASH, MAYOR
ATTEST:
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CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No, 769 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on August 1st 1995, and adopted at a
meeting held on August 15th , 1995, by the following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JORNSON, CITY CLERK
ME