HomeMy WebLinkAboutCC Ord 1468 Not Adopted
ORDINANCE NUMBER /t/1:8
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AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING ARTICLE 29.4 OF CHAPTER 28 OF THE
CODE OF THE CITY OF SEAL BEACH PERTAINING TO
THE REVIEW OF PLANNING COMMISSION DECISIONS
BY THE CITY COUNCIL AND APPEALS
The City Council of the City of Seal Beach does ordain as follows:
Section 1. Article 29.4 of Chapter 28 of the Code of the City of Seal Beach is hereby
amended by changing the title of the Article to "Article 29.4. Appeal and Review
Procedures,"
Section 2. Section 28-2943 of Article 29.4 of Chapter 28 of the Code of the City of
Seal Beach is hereby amended to read as follows:
"Section 28-2943. Time for Conducting De Novo Hearin~ of ADDeals.
A. A de novo hearing shall be held on appeals to the Planning Commission within
thirty (30) calendar days of the date of the filing of the appeal with the
Department of Development Services.
B. A de novo hearing shall be held on appeals to the City Council within forty
(40) calendar days of the date of the filing of the appeal with the Office of the
City Clerk."
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Section 3. Subsection B of Section 28-2945 of Article 29.4 of Chapter 28 of the Code
of the City of Seal Beach is hereby amended to read as follows:
"B, City Council decisions of appeal. The City Council shall announce its
decision by final resolution not more than forty (40) calendar days following the
termination of the proceedings of the hearing, and said resolution shall recite, among other
things, the facts and the reasons which support the decision, The City Council shall order
the case under appeiII be granted or denied or modified subject to such conditions or
limitations that it may impose. In the event of a tie vote, the Planning Commission's
decision shall be final and conclusive."
Section 4. Article 29.4 of Chapter 28 of the Code of the City of Seal Beach is hereby
amended by adding a new Section 28-2947 to read as follows:
"Section 28-2947. City Council Review.
A. Authorization. Planning Commission actions may be reviewed by the City Council
in accordance with this Section."
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B. Initiation. A description of each Planning Commission action shall be listed (;)0 the
consent calendar of the agenda of each regular meeting of the City Council following such
action. At that meeting, the City Council may, by affirmative vote of two (2) members,
initiate review of any listed Planning Commission action by making a finding that the
matter has City-wide importance warranting review and determination by the elected
officials of the City,
C. Stay ofPJanning Commission Action. Initiation of City Council review shall result
in a stay of the Planning Commission action being reviewed pending the completion of the
City Council's review proceedings.
Ordinance Number ~~
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D. Notification to Applicant. In the event that City Council review is initiated, the
applicant shall be informed in writing of the a~pects of the application and/or the Planning
Commission's decision that the applicant should be prepared to address at the review
, hearing.
E, Transmission of Record to Council. The Department of Development Services
shall transmit to the City Council the complete record of each Planning Commission action
for which City Council review is initiated. '
F. Time for Conducting Review. The City Clerk shall set the review hearing within
forty (40) calendar days from the date that City Council review is initiated,
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G, Review Hearing. The ;review hearing shall be noticed in the same manner as is
required for appeals, The review hearing shall be conducted as a de novo hearing and
shall follow the same procedure and apply the same criteria as prescribed in the original
proceeding on the matter. The City Council may act to uphold, overturn, or othen....ise
modify the Planning Commission's original action on the proposal, or the City Council
may remand the application back to the Planning Commission for further consideration.
H, Findings, The decision of the City Council, supported by findings, shall be set
forth in full in a resolution, A copy of the decision shall be sent to the applicant. The
action of the City Council shall be final and conclusive as to the application except in the
case ofa tie vote, in which instance the decision of the Planning Commission shall be final
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anil'conClus\:"e, ciS to the application,"
Section 5. Severability. If any section, subsection, subdivisiu,', sentence, clause,
phrase, or portion of this Ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance The City Council
hereby declares that it would have adopted this Ordinance, and each section, subsection, ' I
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
Section 6, The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published in the manner prescribed by law.
PASSED AND ADOPTED this _ day of
vote:
, 2000 by the following called
NOES:
COUNCll.MEMBERS:
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AYES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
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Mayor
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ATTEST:
Joanne M. Yeo, City Clerk
Ordinance Number /~8
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Y,eo, Cit~ Clerk, of the C:it?' of Seal Beach,. California, do hi~lifY
that the foregomg ordmance IS the bngmal copy of Ordmance Nurnber on
file in th office 0 the City Clerk, introduced at a meeting held on the /I _ day
of 2000 and passed, approved, and adopted by the City
Counci of the City of Seal Beach at a rneeting thereof held on the _ day of
, 2000 by the following vote:
AYES:
Councilmembers
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NOES:
Councilrnembers
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ABSENT:
Councilrnembers
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ABSTAIN:
Councilmembers
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and do hereby certify that Ordinance Number has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
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City Clerk
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