Ordinance 2625CITY OF ALAEDA ORDINANCE NO.
New Series
2625
AMENDING THE ALAEDA MUNICIPAL CODE BY AMENDINGSUBSECTION 30-21.2 (ADMINISTRATIVE VARIANCE), SUBSECTION
30-21. 4 (ADMINISTRATIVE USE PERMIT) , AND SUBSECTION 30-25
(APPEALS) OF ARTICLE I (ZONING DISTRICTS AND REGULATIONS)
AND SUBSECTION 30-36 (DESIGN REVIEW PROCEDURES) OFARTICLE II (STRUCTURAL DESIGN REVIEW REGULATIONS),CHAPTER XXX (DEVELOPMENT REGULATIONS)
BE IT ORDAINED by the Council of the City of Alamedathat:
Section 1 . The Alameda Municipal Code is hereby amended
by amending Subsections 30-21.2. (c), 30-21.4 (c), 30-25.1, 30-25-2,30-25.4, 30-36., 30-36.2, 30-36., and 30-36., of Article (Zoning Districts and Regulations) Chapter XXX (DevelopmentRegulations) thereof, to read as follows:
30-21. 2
c. Appeal. The applicant, a member of the public or
a member of the City Council or Planning Board may appeal thedecision of the Zoning Administrator within ten (10) days after thedecision of the Zoning Administrator or within three (31 days afterthe Zoning Administrator has reported to the Planning Board underSubsection 30-21. 11 , whichever time is greater. Appeals shall beheard by the Planning Board pursuant to Section 30-25.
30-21.4
c. Appeal. The applicant, a member of the public or
a member of the City Council or Planning Board may appeal thedecision of the Zoning Administrator by filing a notice of appeal
wi th the Zoning Administrator wi thin ten (10) days after thedecision of the Zoning Administrator or wi thin three (3) days afterthe Zoning Administrator has reported to the Planning Board under
Subsection 30-21.11, whichever time is greater. Appeals shall beheard by the Planning Board pursuant to Section 30-25.
30-25 APPEALS
30-25.Appeal to the Planning Board.
a. Appeals of Actions of the Planning Director.Appeals to the Planning Board concerning interpretation administration of these regulations may be taken from any person
aggrieved or from any officer , agency, or department of the City of
Alameda affected by any decision, determination or requirement of
the Planning Director. Such appeals shall be filed no later thanten (10) days following the date of the written decision by filing
with the Planning Department a written notice of appeal specifyingthe basis of the appeal. Appeals shall be accompanied by a filing
fee in compliance with subsection 30-25.
b. Appeals of Actions of the Zoning Administrator.
Appeals to the Planning Board concerning actions of the Zoning
Administrator may be taken from any person aggrieved or from anyofficer, agency, or department of the City of Alameda affected byany decision determination or requirement of the ZoningAdministrator. Such appeals shall be filed no later than ten (10)
days following the decision of the Zoning Administrator or withinthree (3) days after the Planning Board meeting at which the Zoning
Administrator decision was reported and accepted, whichever time is
greater, by filing with the Planning Department a written notice of
appeal specifying the basis of the appeal. Appeals shall be
accompanied by a filing fee in compliance with subsection 30-25.c. Appeals pursuant to subsections a. or b. shall be
scheduled for public hearing and decision by the Planning Board nolater than the second regularly scheduled and held meeting
following submittal of the appeal. Due public notice shall be
given pursuant to subsection 30-21.7. An alternative date for theappeal hearing may be selected by agreement of the originalapplicant, the appellant and the City.d. At the hearing, the Planning Board may consider the
introduction of all pertinent material, including all documentsconsti tuting the administrative record. At the hearing, any party
may appear in person or by agent or attorney to provide testimony.
The Planning Board may, so long as such action is in conformity
with the terms of these regulations, reverse or affirm , in whole or
in part , or may modify the order , requirem decision, ordetermination appealed and may make such order, requirementdecision, or determination as is appropriate.
30-25.Appeal to the City Council.a. Any decision of the Planning Board made after public
hearing shall be final unless a member of the public or a City
council member files with the Planning Department , in writing and
no later than ten (10) days of the decision, a notice of appeal
specifying the basis of the appeal. Appeals shall be accompanied
by a filing fee in compliance with subsection 30-25.b. Appeals shall be scheduled for public hearing and
decision by the Council no later than the third regularly scheduled
and held meeting after receipt of the appeal. Due public notice
shall be given pursuant to subsection 30-21. 7. An alternative date
for the appeal hearing may be selected by agreement of the originalapplicant, the appellant and the City.
c. At the de novo hearing, the City Council may
consider the introduction of all pertinent material , including all
documents constituting the administrative record. Any party mayappear in person or by agent or attorney to provide testimony. The
City Council may, so long as such action is in conformity with the
terms of these regulations , reverse or affirm, in whole or in part
or may modify the order, requirement , decision , or determinationappealed and may make such order , requirement , decision , or
determination as is appropriate.d. The decision of the City Council is final subject to
jUdicial review pursuant to California Code of civil Procedure
section 1094.5. Any petition for judicial review is subject to the
provisions of California Code of Civil Procedure section 1094.6 and
must be filed not later than 90 days , plus any extension authorized
by California Code of Civil Procedure Section 1094., after the
date of the City Council's decision.
30-25.End of Appeal Period.a. When the end of an appeal period falls on a weekend
or a statutory holiday, the appeal period shall continue until the
first working day thereafter.
30-36 DESIGN REVIEW PROCEDURE.
30-36.Design Review Staff.
The review of applications required by this article shall
be made by the Planning Staff designated by the Planning Director.In those instances where the Planning Director believes an
application will generate significant public interest or involve
policy issues , the Planning Director may refer the application toei ther the Zoning Administrator or the Planning Board for reviewand action.
30-36.Notice.
Before final appro al by Planning Director of a Major
Design Review application , a notice shall be sent to the owners of
property located within one hQndred (100') feet of the property
line of the applying property i regarding the application and the
opportunity to comment .:)n the proposed design. Public comments may
be submitted to the Planning Department wi thin ten (10) calendar
days of the date of the notice. No hearings on Major Design Reviewapplications are requi:Ledi however , the Planning Director may refer
an application to hearing as provided for in subsection 30-36.
30-36.Notice of Decision.
Final action on a Design Review shall be made in writing
listing any conditions of approval. A copy of the action shall bemailed to the applicant. The date of the final action shall be the
date the action is mailed.
30-36.Appeals.
Any person dissatisfied with a decision of the Planning
Director may file an appeal to the Planning Board within ten (10)calendar days from the date the notice of decision , pursuant tosubsection 30-36., is mailed. The appeal shall be made in writing
and filed with the Planning Department. Failure to file in atimely appeal shall result in a waiver of the right to appeal. Theappeal shall state in detail the factual basis for the appeal.Appeals shall be heard pursuant to Section 30-25.
Section 2 The Alameda Municipal Code is hereby amended
by adding Subsection 30-25.4 to Article I , Chapter XXX (ZoningDistricts and Regulations), Chapter XXX (Development Regulations) ,thereof , to read as follows:
30-25.Fees for Appeals.a. All appeals shall be subject to fees as set by CityCouncil Resolution.
Section Severabili ty Clause. It is the declaredintent of the City Council of Alameda that if any section,subsection , sentence , clause , phrase or provision of thisordinance is held invalid or unconstitutional by a court ofcompetent jurisdiction such invalidity or unconstitutionalityshall not be so construed as to render invalid or unconstitutional
the remaining provisions of this ordinance.
Section 4 This Ordinance shall be in full force and
effect from and after the expiration of thirty (30) from thedate of its final passage.
Attest:
terJfL
4/ords/arc.appeal
Revised 2/9/93
, the undersigned , hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of
Alameda in regular meeting assembled on the 2nd day of March1993, by the following vote to wit:
AYES:Councilmembers Appezzato , Arnerich , Lucas , Rothand President wi throw - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS. WHEREOF , I have hereunto set my hand and affixed the
official seal of said city this 3rd day of March , 1993.
d4jP 16
Diane B. Felsch , City Clerkci ty of Alameda