HomeMy WebLinkAbout01/18/1994, C-6 - APPEAL PROCESSING TIME LIMITS. (CITY FILE NO. 164-93)l`IN^�ylll�llllln�l II MEETING DATE:
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NEGN COUNCIL AGENDA REPORT ITEM NUMBER: /J�
From: Arnold Jonas, Community Development Director a
Prepared By: Whitney McIlvaine, Associate Planner;
Ron Whisenand, Development Review Manager
Subject: Appeal processing time limits. (City File Noa 164 -93)
CAO RECOMMENDATION
Grant final passage to Ordinance 1252, amending Section 1.20.040 of the Municipal Code
to allow an additional 15 days to schedule appeal hearings before the City Council.
DISCUSSION
On January 3, 1994, the attached ordinance, extending appeal processing time limits, was
introduced to print. Section 1.20.040 of the Municipal Code currently 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, which typically require more than
30 days to complete. Adoption of Ordinance 1252 would correct the inconsistency between
code requirements and procedural reality by modifying the Municipal Code to more
realistically accommodate necessary 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.
ALTERNATIVES
The Council may choose to retain the existing language in the Municipal Code or modify
the legislative draft proposed by staff.
Attachments:
draft ordinance
legislative draft
ORDINANCE NO. 1252 (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 rr ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Amendment. Section 120.040 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 4th day of January 1994 on motion of
Romero . seconded by Rapoa . and on the following roll call
vote:
Ayes: Council Members Romero, Rappa, Settle, and Mayor Pinard
Noes: None
Absent: Council Member Roalman
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EXHIBIT A
LEGISLATIVE DRAFT
San Luis Obispo Municipal Code Section 1.20.040
120.040 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 %411 be heid at leest fi-ve days after- the date of the filing ef the fietiee ef appeelr.
Except in cases of emergency, when the council may determine the matter immediately, qr
w here;State preScnbes a different appeal process, the clerk shall set the matter for
hearing at subsequent Fae�. , the: next reasonably available coiuicii meetuig, but in no
event later than thifvt fFty_fye. 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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