HomeMy WebLinkAbout01/04/1994, 3 - APPEAL PROCESSING TIME LIMITS. (CITY FILE NO. 164-93)��I��I�NI�IIIII��I II � f MEETWG DATE:
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san tuts oBIspo REM NUMBER:
COUNCIL AGENDA REPORT
From: Arnold Jonas, Community Development Director 10
Prepared By: Whitney McIlvaine, Associate Planner
Ron Whisenand, Development Review Manager
Subject: Appeal processing time limits. (City File No. 164 -93)
CAO RECOMMENDATION
Introduce to print an ordinance amending Section 1.20.040 of the Municipal Code to allow
an additional 15 days to schedule appeal hearings before the City Council.
DISCUSSION:
Section 1.20.040 of the Municipal Code requires that all appeals to the Council be heard
no later than 30 calendar days after the notice of appeal is filed. In some cases, an appeal
of a commission decision would have to be scheduled for Council consideration within two
weeks. There are a number of administrative processing steps required prior to Council
review of an appeal item, including transcription of commission minutes, agendizing the
item, staff report preparation and circulation, and public noticing. These steps typically
require more than 30 days to complete. There is no particular penalty for exceeding the
processing deadline. However, staff would prefer to correct the inconsistency between code
requirements and procedural reality by modifying the Municipal Code to more realistically
accommodate necessary processing time.
Except where State law prescribes specific processing deadlines, the City has. a great deal
of flexibility to design an appropriate and workable appeal process. Attached for your
consideration is a legislative draft of a' proposed amendment to the appeal hearing time
limits which would resolve the current discrepancy between code requirements and actual
processing time.
CONCURRENCES
All City departments were notified of the proposed change. Comments received concurred
with the importance of expeditious processing of appeals, but also acknowledged the need
to extend the maximum processing time in certain cases.
FISCAL IMPACT
No impacts to City revenues or expenditures are anticipated as a result of the proposed
amendment.
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city of san Luis 0B.1SP0
COUNCIL AGENDA REPORT
AL'T'ERNATIVES
The Council may choose to retain the existing language in .the Municipal Code or ftio<jjfy
the legislative draft proposed. by staff.
Attachments:
draft ordinance
legislative draft
current municipal code language
0
ORDINANCE NO. (1993 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING SECTION 1.20.040 (APPEAL HEARING - NOTICE) OF
CHAPTER 1.20 (APPEALS PROCEDURE) OF THE
SAN LUIS OBISPO MUNICIPAL CODE
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Amendment. Section 1.20.040 of the San Luis Obispo Municipal Code
is hereby amended to read as follows:
Upon receipt of the filing of the notice of appeal in its proper form, the city clerk
shall place the matter on the council agenda. Except in cases of emergency, when the
council may determine the matter immediately, or where State law prescribes a different
appeal process, the clerk shall set the matter for hearing at the next reasonably available
council meeting, but in no event later than forty-five calendar days after the date of the
filing of such notice of appeal with the city clerk. The city clerk shall cause written notice
of such hearing to be given to the applicant not less than five business days prior to such
hearing, unless such notice is waived in writing by the applicant.
SECTION 2. Environmental Determination. The proposed amendment is exempt
from the California Environmental Quality Act (CEQA). The amendment is not a project,
as defined by CEQA, since it will not result in any physical effect on the environment.
SECTION 3. Publication. A summary of this ordinance, together with the names
of Council members voting for and against, shall be published at least 5 days prior to its
final passage, in the Telegram- Tribune, a newspaper published and circulated in this city.
This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the
.seconded by
vote:
Ayes:
Noes:
Absent:
day of 1993, on motion of
Mayor
and on the following roll call
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ATTEST: -
City Clerk
APPROVED:
EXHIBIT A
LEGISLATIVE DRAFT
San Luis Obispo Municipal Code Section 1.20.040
1.20.040 Hearing -- Notice
Upon receipt of the filing of the notice of appeal in its proper form, the city clerk
shall place the matter on the council agenda
whieh wig be held a4 least five days after the date ef the filing ef the nedee ef appeal.
Except in cases of emergency, when the council may determine the matter immediately, or
W. r Stt� lauF prlaes a ;dlil«ert appat prpceSs the clerk shall set the matter for
hearing t t:et!leasobl'<alert < te: " but in no
event later than thift5� f € e' calendar days after the date of the filing of such notice of
appeal with the city clerk. The city clerk shall cause written notice of such hearing to be
given to the applicant not less than five business days prior to such hearing, unless such
notice is waived in writing by the applicant.
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person arrested from custody. (Ord. 957 § 1
1983: prior code § I250)
1.16.020 i Bail— Deposit and forfeiture.
The off �cer shall. as soon as practicable, file a
duplicate otice with the magistrate or citv
a
attorney, specified in such notice. The defend-
ant may, p °or to the date upon which he prom-
ised to ap ear in court, deposit with the
magistrate amount of bail set by such magis-
trate. Theref re, at the time when the case is
called for .gnment before the magistrate, if
the defendant oes not appear, either in person
or by counsel, a magistrate may declare the bail
forfeited and my at his discretion order that no
further proceedi gs be had. all sums deposited as
bail shall forthwt h be paid into the city treasury.
(Ord. 957 § 2, 193: prior code § 125 1)
1.16.030 W issuance —When.
A watrdnt shall of be issued on such charge
for the arrest of a rson who pursuant to the
provisions of this ch pt has given such written
promise to appear i court, unless and until he
has violated such pro ise, or has failed to deposit
bail, to appear for .gnment, trial or judg-
ment. orto comply wi the terms and provisions
of the judgment as req ied by law. (Prior code §
1252)
1.16.040 Violation of Vtten promise to
appear —Dee ed misdemeanor.
Every person wilfully violating his written
promise to appear is guil of a misdemeanor
regardless of the dispositio of the charge upon
which he was originally ed and shall be
punishabie in accordance wi Section 1.13.020.
(Prior code § 125 3)
1.16.050 Violation of writte promise to
appear — Warrant i suance when.
When a person signs a wn ten promise to
appear at the time and place pecified in the
written promise io appear and h not posted bail
as provided in Section 1.16.020. the magistrate
1.16.020- 1.16.060
t
shah, issue and have delivered for execution a
warrant for his arrest within twenty days after his
failure to appear as promised. If a person prom-
ises to.. appear before an officer authorized to
accept ball other than a mag;sti ate and fails to do
so on of before the date which he promised to
appear, tken within twenty days after the deliver
of such w 'tten promise to appear by the officer
to a mag trate having jurisdiction over the
offense, s h magistrate shall issue and have
delivered f execution a warrant for his arrest
When such rson violates his promise to appear
before an o t er authorized to receive bail other
than a magist te, the officer shall immediately
delivereo the agistrate having jurisdiction over
the offense ch ed the written promise to appear
and the comp] t if any, filed by the arresting
officer. (Prior co § 1354)
1.16.060 Code eAflorcement officer
desigA
authority.
The city admi ve officer is empowered
to designate pubers or employees of the
city to exercise thrs authorized by Section
836.5(a) of the Cis Penal Code. including
the issuance of citatiofts for violation of the
provisions of the municipal code pursuant to
Sections 853.5 and 853.6')ofthe California Penal
Code. The zoning enforcement officer and the
chief building official shall be two of those
employees so authorized. (Prior code § 125 5)
Chapter 1.30
APPEALS PROCEDURE
Sections
1.20.010
Title.
1.20.020
Right to appeal.
1.20.030
Time within which to file an
appeal.
120.040
Hearing — Notice.
9 1San Luis Obispo 1.86)
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1.20.010- 1.20.050
1.20.050 Hearing — Appellant to show
cause— Council's determination
final.
1.20.010 Title.
This chapter shall be known as the "Appeals
Procedure" for the city. (Prior code § 1400)
1.20.020 Right to appeal.
A. Except where an appeals procedure is oth-
erwise specifically set forth in this code, any
person objecting to the approval, denial, suspen-
sion or revocation of a license, permit or entitle-
ment of any nature, the determination or
issuance of which is under any of the provisions
of this code, or to any administrative decision
made by any city official, if the approval, denial,
suspension or revocation of such license, permit
or entitlement or the determination of such
administrative decision involves the exercise of
administrative discretion or personal judgment
exercised under any of the provisions of this
code, may appeal in writing to the Council by
filing with the city clerk a written notice of such
appeal, stating the specific grounds for the
appeal.
B. No appeal may be taken to any such
administrative decision made by a city official
under the provisions of this chapter unless such
decision to appeal has been first taken up with
the department head concerned, and where an
appeals board is empowered to consider inter-
pretation and enforcement questions, unless
such decision to appeal has been considered by
such appeals board.
C. - Nb right of appeal to the council from any
administrative decision made by a city official
under any of the provisions of this code shall exist
when such decision is ministerial and thus does
not involve the exercise of administrative discre-
tion or personal judgment exercised under any of
the provisions of this code, whether the admin-
istrative decision involves the approval, denial,
(San Luis Obispo 1-86)
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suspension or revocation of a license, permit,
entitlement or any other administrative deci-
sion. (Ord. 1044 § 1, 1985: prior code § 140 1)
1.20.030 Time within which to file an appeal.
The appellant shall file a notice of appeal with
the city clerk within ten calendar days after the
date upon which the administrative decision
appealed from is made. In the event the last day
of the filing period falls on a nonbusiness day, the
appeal period shall be extended to include the
next business day, and this rule shall apply when-
ever an appeal procedure is specifically set forth
elsewhere in this code. (Prior code § 1402)
1.20.040 Hearing— Notice.
Upon receipt of the filing of the notice of
appeal in its proper form, the city clerk shall
place. the matter on the council agenda for the
next regular meeting of the council which will be
held at least five days after the date of the filing of
the notice of appeal. Except in cases of emer-
gency, when the council may determine the mat-
ter immediately, the council shall set the matter
for hearing at a subsequent meeting, but in no
event later than thirty calendar days after the
date of the filing of such notice of appeal with the
city clerk. The city clerk shall cause written
notice of such hearing to be given to the applicant
not less than five business days prior to such
hearing, unless such notice is waived in writing
by the applicant. (Prior code § 1403)
1.20.050 Hearing — Appellant to show
cause— Council's determination
final.
At such hearing the appellant shall show cause
on the grounds specified in the notice of appeal
why the action appealed from should not be
approved. The council may continue the hearing
from time to time, and its findings on the appeal
shall be final and conclusive in the matter. (Prior
code § 1404)
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