Ordinance 2733CITY OF ALEDA ORDINANCE NO.
New Series
2733
AMENDING THE ALEDA MUICIPAL CODE BY AMENDING SECTION
30-25 (APPEALS) OF ARTICLE I (ZONING DISTRICTS AND
REGULATIONS), CHAPTER XXX (DEVELOPMENT REGULTIONS) TO
PROVIDE NEW POLICIES AN PROCEDURES FOR APPEALS AN CALLS
FOR REVIEW
BE IT ORDAINED by the Council of the City of Alameda that:
Sect ion 1
OR CALLS FOR REVIEW.
Section 30-25, APPEALS, be renamed APPEALS
Section 2 Alameda Municipal Code Section 30-
APPEALS OR CALLS FOR REVIEW of Article I (Zoning Districts and
Regulations) of Chapter XXX (Development Regulations) is hereby
amended to read:
30-APPEALS OR CALLS FOR REVIEW
30-25.Purpose
Review
and Authorization for Appeals and Calls for
a. Appeals To avoid results inconsistent with the
purposes of this Chapter, decisions of the Planning Director or
Zoning Administrator may be appealed to the. Planning Board and
decisions of the Planning 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,
decisions of the Planning Director or Zoning Administrator may be
called up for review to the Planning Board by the Planning Board or
by the City Council and decisions of the Planning Board may be
called up for review to the City Council by the City Council or a
member of the City Council.
30-25.Final Decisions
a. Final Decision of the Zoninq Administrator Any
decision of the Zoning Administrator shall be final on the date ofthe decision, unless any person aggrieved or by any officer,
agency, or department of the City affected by any decision of the
Zoning Administrator, files a Notice of Appeal with the Planning
Department no later than ten (10) days following the decision or aCity councilmember files a call for review with the Planning
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 body.
b. Final Decision of the Planninq Board . Any decision
of the Planning Board shall be final on the date of the decisionunless any person aggrieved or by any officer, agency, or
department of the City affected by any decision of the Planning
Board, files a Notice of Appeal with the Planning Department nolater than ten (10) days following the decision or a City
councilmember files a call for review with the Planning 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
body.
c. Final Decision of the City Council . A decision '
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
end of an appeal or call for review period fallsstatutory holiday, the period shall continueworking day thereafter.
Period. When the
on a weekend or auntil the first
30-25.Time Limi ts for Appeals or Calls for Review.
a. Appeals of Actions of the Planninq Director or
Zoninq Administrator.
Appeals to the Planning Board concerning interpretation oradministration ,of these regulations may be taken by any person
aggrieved or by any officer, agency, or department of the Cityaffected by any decision, determination or requirement of the
Planning Director or Zoning Administrator. Such appeal shall befiled no later than ten (10) days following the decision of thePlanning Director.
b. Appeals of Actions of the Planninq Board Appeals
to the City Council concerning actions of the Planning Board may be
taken from any person aggrieved or from any officer, agency or
department of the City affected by any decision, determination or
requirement of the Planning Board. Such appeal shall be filed nolater than ten (10) days following the decision of the Planning
Board.
c. Calls For Review of Planninq Director. Zoning
Administrator. or Planninq Board . Calls for review to the PlanningBoard concerning actions of the Zoning Administrator or Planning
Director may be made by the Planning Board, City Council, or a
member of either body. Such calls for review shall be filed nolater than ten (10) days following the decision of the Planning
Director or Zoning Administrator . Calls for review concerning
decisions of the Planning Board may be taken from the City Council
or a member of the City Council. Such calls for review shall be
filed no later than ten (10) days following the decision of the
Planning Board.
30-25.Initiation of Appeals and Calls, for Review.
Appeals of Actions of the Planninq Director
appeal to the Planning Board concerning actions of a Planning
Director decision shall be filed in writing with the Planning
Department and shall be accompanied by the required fees. filing an appeal, the appellant shall specifically state the
reasons or justification for an appeal.
b. Appeals of Actions of the Zoninq Administrator . An
appeal to the Planning Board concerning actions of the Zoning
Administrator shall be filed in writing with the Planning
Department and shall be accompanied by the required fees. filing an appeal, the appellant shall specifically state the
reasons or justification for an appeal.
c. A?peals of Actions of the Planninq Board . An appealto the City Council concerning actions of the Planning Board
decision shall be filed in writing with the Planning 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 call for review shall be filedwith the Planning Department by the Planning Board, the City
Council, or a member of either body by stating the reasons orjustification for the review. No fee shall be required for a call
for review.
30-25.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 nolater than the second regularly scheduled and held meeting
following submittal of the appeal. Appeals or calls for reviewshall 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.
alternative date for the hearing may be selected by mutual
agreement of the original applicant, the City and appellant.
b. Notice and Public Hearinq 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 hearingsshall 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. Hearinq 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 Planning Director or Zoning Administrator or Planning Board and
may make such order, requirement, decision, or determination as isappropriate.
Section Severability Clause. It is the declared
intent of the City Council of Alameda that if any sectionsubsection, sentence, clause, phrase, or provision of thisordinance is held invalid or unconstitutional by court of
competent jurisdiction , such invalidity or unconstitutionality
shall 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) days from the
date of its final passage.
Attest:
$tL
ty 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 in regular meeting assembled on the 3rd
day of December , 1996, by the following vote to wit:
AYES:Councilmembers Arnerich , DeWitt, Lucas
and President Appezzato - 4.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 4th day of December , 1996.
Clerk