Ordinance 3195CITY OF ALAMEDA ORDINANCE No. 3195
New Series
AMENDING ALAMEDA MUNICIPAL CODE SECTION 30-25 APPEALS OR
CALLS FOR REVIEW
BE IT ORDAINED by the City Council of the City of Alameda:
Findings.
In enacting this Section, the City Council finds as follows:
The amendments maintain the integrity of the General Plan. The proposed zoning
text amendments are necessary to ensure a balance between the rights of individual
property owners with the obligations of the City to protect the health, safety, and
general welfare of the community through land use regulations and processes.
The amendments will support the general welfare of the community. The
proposed zoning text amendment preserve the rights of the property owners and the
City's ability to ensure that land use decisions regarding private property support the
general welfare of the community through a public process.
The amendments are equitable. The proposed zoning amendment is equitable in that
it balances the rights of individual property owners with the obligations of the City to
protect the health, safety, and general welfare of the community through land use
regulations and processes.
California Environmental Quality Act. The proposed zoning text amendment is
exempt from review under the California Environmental Quality Act (CEQA) pursuant
to CEQA Guidelines Section 15061 subsection b.3, which is the general rule that CEQA
does not apply to a proposed action which does not have the potential for causing a
significant effect on the environment. The proposed amendments pertain to procedures
for additional review of decisions that have already been reviewed for impacts on the
environment
Section 1. Section 30-25 Appeals and Calls for Review shall be amended as follows:
30-25 - APPEALS OR CALLS FOR REVIEW.
30-25.1 - Purpose and Authorization for Appeals and Calls for Review.
a. Appeals. To avoid results inconsistent with the purposes of this chapter as
stated in subsection 30-1.2, decisions of the PlaRRiRg Community
Development Director or Zoning Administrator may be appealed to the
Planning Board and decisions of the Planning Board, Public Art Commission,
or Historical Advisory Board may be appealed to the City Council by any
person aggrieved or by any officer, agency or department of the City affected
by any decision, determination or requirement.
b. Calls for Review. As an additional safeguard to avoid results inconsistent with
the purposes of this chapter as stated in subsection 30-1.2, decisions of the
PIaRRFRg Community Development Director or Zoning Administrator may be
called up for review to the Planning Beard by a member of the Planning Board
or by a member of the City Council for review by the Planning Board and
decisions of the Planning Board, Public Art Commission, or Historical Advisory
Board may be called up for review te the Gity GGURGil by a
members of the City Council for review by the City Council
30-25.2 - Final Decisions and Time Limits for Appeals and Calls for Review.
a. Final Decision of the Community Development Director or Zoning Administrator.
Any decision of the Community Development Director or Zoning Administrator
shall be final on the date of the decision, unless any person aggrieved by or b�
any officer, agency, or department of the City affected by any decision of the
Community Development Director or Zoning Administrator, files a Notice of
Appeal with the Community Development P4a rjP,-g Department no later than
ten (10) days following the decision or at least one (1) City councilmember or
at least one (1) Planning Board member files a call for review with the
Community Development Ply Department no later than ten (10) days
following the decision. Decisions that are appealed or called for review shall not
become effective until the appeal or call for review is resolved by the
appropriate City bed Planning Board. Decisions by the Planning Board to
uphold, overturn, or modify a decision of the Community Development Director
or Zoning Administrator are appealable to the City Council.
b. Final Decision of the Planning Board, Public Art Commission, or Historical
Advisory Board. Any decision of the Planning Board, Public Art Commission, or
Historical Advisory Board shall be final on the date of the decision, unless any
person aggrieved bar or by any officer, agency, or department of the City
affected by any decision of the Planning Board, Public Art Commission, or
Historical Advisory Board, files a Notice of Appeal with the Planning Community
Development Department no later than ten (10) days following the decision or
at least two (2) a City councilmembers files a call for review with the PlanRing
Community Development Department no later than ten (10) days following the
decision. It shall not be necessary for the two (2) Council members requesting
the call for review to state the same reason for the need for the call for review.
Decisions that are appealed or called for review shall not become effective until
the appeal or call for review is resolved by the City Council. body.
c. Final Decision of the City Council. A decision by the City Council regarding an
appeal or call for review shall become final on the date of the decision 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 after the date of the City Council's decision.
d. End of Appeal or Call for Review Period. When the end of an appeal or call for
review period falls on a weekend or a statutory holiday, the period shall
continue until the first working day thereafter.
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30-25.4 - Initiation of Appeals and Calls for Review.
a. Appeals of Actions of the Planning Community Development Director or Zoning
Administrator. An appeal to the Planning Board concerning actions of a Planing
Community Development Director or the Zoning Administrator demon shall be
filed in writing with the Planning Community Development Department and shall be
accompanied by the required fees. In filing an appeal, the appellant shall
specifically state the reasons or justification for an appeal.
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c. Appeals of Actions of the Planning Board, Public Art Commission, or Historical
Advisory Board. An appeal to the City Council concerning actions of the Planning
Board Public Art Commission, or Historical Advisory Board decision shall be filed
in writing with the Plapfling Community Development Department and shall be
accompanied by the required fees. In filing an appeal, the applicant shall
specifically state the reasons or justification for an appeal.
d. Calls for Review. A Gall fer review shall be filed with the RaRnffiRg DepaFtment b
A call for review shall be filed in writing with the Community Development
Department and shall state the reasons or justification for the call for review. All
City of Alameda costs associated with the call for review, including staff time
technical assistance, and noticing the public hearing shall be funded by the
General Fund and shall not be charged to the project applicant.
30-25.5 - Procedures for Appeals and Calls for Review.
a. Hearing Date. Appeals or calls for review shall be scheduled for public hearing
and decision by the Planning Board or Historical Advisory Board no later than the
second regularly scheduled and held meeting following submittal of the appeal or
call for review. Appeals or calls for review shall be scheduled for public hearing and
decision by the City Council no later than the third regularly scheduled and held
meeting following submittal of the appeal or call for review. An alternative date for
the hearing may be selected by mutual agreement of the original applicant, the City
and appellant.
b. Notice and Public Hearing. An appeal or call for review shall be a public hearing
if the decision being appealed or reviewed required a public hearing. Notice of
public hearings shall be given in the manner required for the decision being
appealed.
c. Evidence. The hearing shall be conducted as a de novo hearing. At the hearing,
the Planning Board or City Council may consider the introduction of all pertinent
material, including all documents constituting the administrative record.
d. Hearing. At the hearing, any party or person may appear in person or by agent or
attorney to provide testimony.
e. Decision and Notice. The Planning Board or 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 determination of the
Piaflfliflg Community Development Director or Zoning Administrator or Planning
Board, Public Art Commission, or Historical Advisory Board and may make such
order, requirement, decision, or determination as is appropriate.
Section 2. Severability Clause. It is the declared intent of the City Council of Alameda
that if any section, subsection, sentence, clause, phrase, or provision of this ordinance
is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not be so construed as to render invalid or unconstitutional the
remaining provision of this ordinance.
Section 3. This ordinance and the rules, regulations, provisions, requirements, orders,
and matters established and adopted hereby shall take effect and be in full force and
effect from and after the expiration of thirty (30) days from the date of its final passage.
Presiding Offic r of th City Council
Attest:
Lara Weisiger, 0* Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of Alameda on the 7th
day of November, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella
and Mayor Spencer — 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 8th day of November, 2017.
Lara Weisiger, City Jerk
City of Alameda
APPROVED AS TO FORM:
Janet C. Kern, City Attorney
City of Alameda