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Home My WebLink AboutCC Ord 1333 1991-05-28 I I I ORDINANCE NUMBER /.i.B ~ AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO APPEALS OF DEPARTMENT OF DEVELOPMENT SERVICES AND PLANNING COMMISSION DETERMINATIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Article 29.4, Chapter 28, Section 28-2940 of the Code of the city of Sea~ Beach is added to read as follows: "Article 29.4 ADDeal Procedures. Section 28-2940. Authorization and Jurisdiction. A, Authorization. Any aggrieved person may appeal a decision on any project requiring Department of Development Services, Director of Development Services, or planning Commission approval. B. Jurisdiction. The Planning Commission shall have jurisdiction on appeals from decisions issued by the Department of Development Services and/or the Director of Development Services, and the City Council shall have jurisdictoion on appeals from decisions of the Planning commission, Section 28-2941, Time to file aDDeal. An appeal must be filed within ten (10) calendar days after the decison. Section 28-2942. Form of filinq. All appeals from determinations of the Department of Development Services and/or the Director of Development Services shall be filed with the Department of Development services on forms provided by the Department of Development Services. All appeals from determinations of the Planning Commission shall be filed with the City Clerk on forms provided by the Office of the City Clerk, Section 28-2943. aDDeals. 'Time for conductinq hearinq of A, Appeals to the Planning commission shall be held within thirty (30) calendar days of the date of the filing of the appeal with the Department of Development Services, B. Appeals to the City Council shall be held within forty (40) calendar days of the date of the filing of the appeal with the Office of the City Clerk. Section 28-2944. Transmission of record to hearinq bodv, Upon receipt of a written appeal filed pursuant to Section 2802940, the Department of Development Services shall transmit to the hearing body the complete record of the case. Section 28-~~ Findinqs on aDDeal. The appellate body shall make ~1l necessary findings in reaching its decision. A. Planning Commission decisions of appeal. The Planning Commission shall announce its decision by final resolution not more than forty (40) calendar days following the termination of the procedings of the hearing, ,and said resolution shall recite, among other things, the facts and the reasons which support the decision. The Commission shall order the case under appeal be granted or denied or Ordinance Number /!33 B, modified subject to such conditions or limitations that it may impose. 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 procedings of the hearing, and said resolution shall recite, among other things, the facts and the reasons which support the decision. T' i~ Citj Council shall ordar the case under appeal be granted or denied or modified subject to such conditions or limitations that it may impose. I section 28-2946. Finalitv of aDDeals, A, After a decision on an appeal has been made by the Planning Commission, the time to file an appeal to the City Council shall be as set forth in section 28-2941 above, B, After a decision on an appeal has been made by the city council and required findings of fact have been adopted, that decision shall be considered final and conclusive and no other appeals may be made, C, No appeal filed. After the time for filing an appeal has expired and no appeal has been filed, all decisions shall be considered final upon adoption of the required findings of fact, if any. section 2. Article 24, Chapter 28, Section 28- 2317(4),C.(2), section 28-2317(4),C.(3), section 28-2509, Section 28-2510, Section 28-2511, section 28-2512, Section 28-2513, Section I 28-2610 and section 28-2611 of the Code of the City of Seal Beach are hereby repealed, section 3. Article 26, Chapter 28, Sections 28- 2612 through and including 28-2616 are hereby renumbered sections 28-2610 through and including section 28-2614 respectively, Section 4. repealed in its entirety. Ordinance Number 1320 is hereby PROVED AND ADOPTED by the city Council,..~~ the city of at a meeting thereof held on the 02ff'- ,day of , 1991. 'Yaf...L ~ ay r City of Seal Beach C-- Beach ....l.1II1111~ .::#" ~ SEAL la, :-... 0 ..oooooo.,!# ~"I' ;~.... ""oo,oQ"J.'" ""1'^". f~lo...." ";~-s.~~ I"'!~\O(S ~ 0 g g <ex ~"':o Q-g"'J \,...~ 'r':l~ ~+~(};"'~:'Q 27, \q'''~or; "'I C'Oooooo~~ UNt't, I ,I I I ;::.-\ or~inance Number ~~~~ " STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M, Yeo, city Clerk of the city of Seal Beach, California, do hereby certify t~,~~e foregoing ordinance is an original copy or ordinance Number on file i~~h~ Office he C ty Clerk, introduced at a mee 1ng held on the !~day of , 19 and passed, approved and adopted by the C ty CounC1 of the city, 0 Seal Beach at a meeting thereof held on the -<!it: day of , 1991, the fol owing vote: AYES: NOES: Councilmembers ABSENT: Councilmembers and do hereby certify that pursuant to the Seal Beach " \ Ordinance ~umber I'~~ PROOF OF PUBLICATION (2015,5 C,C,P.) STATE OF CALIFORNIA, ,County of Orange I am a citizen of the United States and 8 resident of the County afore- said; I am over the age of eighteen years, and not a party to or Inter. ested In the above-entitled matter. I am the' principal clerk of the printer of the SEAL BEACH JOURNAL. a newspaper of g.eneral circulation, printed and published weeklv In the City of Seal Beach, County of Orange and whIch newspaper lias been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124n5. Case Number A82583; that the notice of which the annexed Is a printed copy (set In type not smaller than nonpareil), has been published In each regular and enUre Issue of said newspaper and not In any supplement thereof on the following dated, to-wit: (}rl'Q 1 all In the ear 19..iL I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach. California, this l' day of (l..Plt.e , 19...iL f I ni/uo. Signature I ") ~t......~, PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430.7555 / This space for for the County Clerk's Filing Stamp I .. Proof of Publication of PUBLIO NOTICE/Summary OrdInance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I I I I . Ordinance Number /:J.!J.3 PROOF OF PUBLICATION (2015,5 C,C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or Inter- ested In the above-entitled matter, I am the principal clerk of the printer of the SEAL BEACH JOURNAL, a newspaper of general circulation, printed and published weekly In the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the dato of 2/24/75, Case Number A82583; that the notice of which the annexed Is a printed copy (set In type not smaller than nonpareil), has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: r '7.0 """'-..L.tA_l'.IL ~ all In the year 19.iL " certify (or declare) under penalty of' perjury that the foregoing Is true and correct. This space ~or for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Summary Ordinance ..........,................. . 1f/-??~ fltto..J ..... --:.~..~..-:..... ': '.~ .<~~.. .......".e:.. ..."",,: SUMMARY' .. oFIiIW<<:E NUi.IBeR 1333 " ~~Ala Ordinance.Number 1333"o11he I City oi Seal ileach, relllln-g 10 eppea/s 01 Depar1lll8nt 01 ~ men! SeMces end Planning Com- mlsslon',de18rmlnatiollS, received second reacllng and was aclopled by 1he City Council 81 a regular meeting,1hereof held on 1I1e 28111 dttf 01 May, 1991 by the IoIIowfng W1e: AYES: FOriY1he, HaslIngii, _ Hunt, l.aszIo, WIson NOES: None Motion carrIecI CopI8e 01 0IdInance Number 1333 are avaDable In 111, oIIIc, oIlhe City Clerk, City Hall. 211-8ih Str..~ Seal B,ach; telephone ! ~13)43t.,~:. DATED THIS 29111 day of May, 1991. _ ~M.~ClIyClerfc ;'CllyolSeelIliach " I June 20, 1991. f\JbIshed ilf1e Seal Beach Journal, Dated at Seal Beach, California, this c:lO day of ~. ,19Jl.L (2,f4rtlt-1A. [l'I'-;) (/ Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430.7555