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Home My WebLink AboutCC Ord 1570 2008-04-21 ORDINANCE NUMBER 1570 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE REGARDING JUDICIAL REVIEW OF CERTAIN CITY COUNCIL DECISIONS 1 THE SEAL BEACH CITY COUNCIL HERE.BY ORDAINS AS FOLLOWS: SECTION 1. The City Council hereby amends Seal Beach Municipal Code (SBMC) Section 1.20.015 relating to judicial review of certain city decisions by adding new subsections C and D thereto to read as follows: .. "C. Development Aareements. Any judicial review of an Ordinance approving a development agreement shall be by writ of mandate pursuant to Code of Civil Procedure Section 1085 or any successor statute; and judicial review of any City action as to a development agreement, other than initial approval of a development agreement, shall be by writ of mandate pursuant to Code of Civil Procedure Section 1094.5 or any successor statute. D. Statute of Limitations for Actions Challenaina Certain Decisions. No court action or proceeding to challenge, review, set aside, void or annul (hereinafter collectively "challenge" in this subseGtion D) any decision as to: 1 . The General Plan or any matter mentioned in Titles 10, 11, and 12, other than development agreements; 1 2. Any proceedings, acts or determinations related to such decision; or 3. Any condition imposed in connection with such decision, shall be maintained unless such action or proceeding is commenced within 60 days after the effective date of such decision. No action or proceeding to challenge any decision as to a development agreement shall be maintained unless the action or proceeding is commenced within 90 days after the effective date of the decision. Failure to timely file a challenge bars any action or proceeding or any defense of invalidity or unreasonableness of such decision, proceedings, acts, determinations or conditions." SECTION 2. The City Council hereby amends subsection H of SBMC Section 1.20.005 relating to burden of proof in appeals to read as follows: "H. Burden of Proof. Unless otherwise provided by law or with respect to appeals of decisions made pursuant to Titles 10, 11 and 12, the burden is on the city to show the decision that is being appealed is reasonable and not an abuse of discretion." 1 SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Ordinance Number 1570 PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 10th day of March, 2008. ~~-~ ~ Mayor ATTES:: ~ ch:uiu< . .~ City Clerk 1 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify that the foregoing Ordinance was introduced for first reading at a meeting held on the 10th day of March , 2008 and was passed, approved and adopted by the City Council at a meeting held on the 21 st day of April, 2008 by the following vote: AYES: Councilmembers: fJr,iJh.~ I nift. ) ~f ~ NOES: Councilmembers: ~ ABSENT: Councilmembers: ~Pn! ABSTAIN: Councilmembers: ~/ And do hereby further certify that Ordinance Number 1567 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. ,~, [k Cit Clerk 1 1 1 1 1 Ordinance Number 1570 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp 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 SUN, 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 date of 2/24n5. 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 Aes. lo:wit: all i the year 2008. Proof of Publication of ............................................... ............................................... I certify (or declare) under penalty of perjury that the foregoing is true and correct. ,2008. Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 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 SUN, 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 date of 2/24n5. 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: _flip. i / all in the year 2008. Ordinance Number 1570 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp 1 Proof of Publication of ............................................... ............................................... :~t,i~-71.'yq ~qt _ - :~. _ , - . ,~,R.Y. - O~D1NANq!=.. _ 7~~~:~ _~.:':.::'. J...iitl N~0RDINAiii&E1,~_. .....TH. . jbF,.SEAC'BEA<::H 'ti\MENIilJIJIGi'ljl;lE:SEAL BEACH. ,. MUNICi~OOi)E REGARDING~ . 'iJUD]~iAt.'R~!EW'PF. CERtAIN ~ -(lITY'C0J,JNCIL DECISIONS., ~ -,.. Ordlnance"Ni:Jmber 1570;, ;i~~~~~~~~tt~~Bj~~~Y~ 'revfliw.of:~' . . ' ," SIllli.iIe'of6iid~. ~. t'lIiii'i:ilUBsiiLidiClllr iie(:l: , llCle"\'6y:the Ctty Counc;lI. .'. . ',:,'~.r-:-~'----:----;:--:--~' InlCOnJUiiCiIon'.W1ili,ttiii.adoptlon. oUhe/New,ZOnlng CoCle.ttHtCItv ' -:' AJtor ..... enCled'a'merld';: - men e~',1 !llGillieriiI . p"~' .' j-:.1I20,'REMeW 'of .. '.., . D8c':lSIoi1i, . .1~1:I~IQP.!'1i1~~~~~ :. -_=~in=~~ei-o.f ;'. ,lImlt8UOns~pi'O\i/slons 'thllt:W8ril .. -; liicluded'llh':tiiEi Mui'llClP8JIGiide' - 'prlor..to)Dec9rriiiEii'j2004!"~9'.c'~ '. (. \0rdlriBi1ce':NiJinb8r ~ 670;.WIIli. ' 'Iriiroducedi.ilt:tHli ;regiJlar:'C!ty:: COwlll!hnil8ll.,g,(jf,J,\jlrll,1,j.'2008: ;: . A(ioPtlon,'0f10rdln~ce 'Nlimlier . 1570:Was:' -' nivell-liy the.foItC;N" I '-""-~"'O~11 ,- ng vo"'.~ f~., , .1 ,'e~.:, ,,~'.'jtl!":;:;:"f~:"'~:~'- .' ~Wl'flA?i: rp.-Ay"ES!~'~ntosli!I.!!I)iI.,~, Mlllerj Slianks.'Sldan t. .t,'Il'li~€"u. ,. .~.Ff,'" .~f'I~N0ESllNO~~:,M~~'~rr!~~,..y\ .. ,- ., . , . ' ~)rlll,.,.~ , . Copies ofl0f.dihance',NiJml:ier- '1570 are aVaIIBtili.fibrihhe;ciffICe 6f the City Cle~\'<:!llY'HillI:,21-1-:. 8lIi Sh9!tt..SeaJ ~; t$phone' (562I"JI31.252i'1liixt!-1305:~>I>t i DATE!? TH!S ~ri~' day;otA~nl;- :;'~;W.:-:''''''' ~.'::~t'::':-'''~' :--. lIliila.'oeVi~e;'CI' Clerk\: .; fGItY:of,sea'rB " " (~(jl!!!liO!!d'lIf!!i ~ '00/01f20Q,8i:&-- . \It __ ~ -:...~.. . I !t~....rA'_~..~!Il'!. ',li;~.:!~;: 1 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 1