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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