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Ordinance Number 769S11 ORDINANCE NO. 769 FAMBIOU0101►VWILIM lowVON polum' ' 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 -I- 312 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 -2- 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. 9::�� )11z� CAROLYN $ASH, MAYOR ATTEST: ��Y r L CITY CLERK -3- 313 314 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