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HomeMy WebLinkAboutOrd. No. 2006-1194 ORDINANCE NO. 1194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING AND RESTATING SECTIONS 8.18.100, 14.04.220, 17.70.014, 17.70.038, 17.74.070, 17.76.070, 17.80.020, 17.82~090, 17.82.100, 17.92.050, 17.98.100, AND 17.99.180 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING APPEAL OF NUISANCE ABATEMENT AND PLANNING COMMISSION DECISIONS WHEREAS, Section 8.18.100 of the Lake Elsinore Municipal Code sets the time period to appeal a decision by the nuisance abatement board to the City Council at ten (10) calendar days; and WHEREAS, Section 14.04.220 and various sections of Title 17 "Zoning" of the Lake Elsinore Municipal Code identify a ten (10) calendar day time period to appeal a Planning Commission decision to City Council; and WHEREAS, the City Council wishes, to extend the appeal periods for nuisance abatement and Planning Commission decisions to fifteen (15) calendar days; and WHEREAS, the language of Section 8.18.100, Section 14.04.220 and the various sections of Title 17 "Zoning" of the Lake Elsinore Municipal Code should be consistent when referring to an appeal of a nuisance abatement and/or Planning Commission decision to City Council. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. That the introductory paragraph to Section 8.18.100 of the Lake Elsinore Municipal Code be amended and restated as follows: 8.18.10 Appeal. Any person entitled to notice of the hearing who has participated in that hearing and who is dissatisfied by the determinations of the hearing officer, may appeal those determinations to the City Council by filing an appeal with the City Clerk within fifteen days from the date of the hearing officer's decision and by paying the appeal fee set by resolution. The City Council shall set a hearing date within a reasonable time following the filing of the appeal and shall CITY COUNCIL ORDINANCE NO. 1194 PAGE20F8 hold the hearing at a regularly scheduled Council Meeting. The appeal shall specify : A. A description of the property. B. The abatement proceedings appealed. C. The owner's legal or equitable interest in the property. D. A statement of disputed and undisputed facts. E. A statement specifying that portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal. F. A verification of the truth of all matters asserted. The City Council may limit the issues on appeal, may consider the record produced for the hearing officer, and may allow additional evidence to be produced. Notice shall be provided to the appellant utilizing substantially the same procedure as required for the hearing before the hearing officer. In said notice the appellant will be apprised of the scope of the appeal. The decision of the City Council shall be the final and binding action and the property owner shall be so notified of its determinations. SECTION 2. That Section 14.04.220 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 14.04.220 Appeals. Any person aggrieved by an act or determination of the Community Development Department in the exercise of the authority granted herein, shall have the right to appeal to the Planning Commission. An appeal of a Planning Commission decision to the City Council shall be filed in writing with the City Clerk within fifteen (15) calendar days from the date of the Commission's decision pursuant to the provisions of Chapter 17.80. SECTION 3. That Section 17.70.014 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.70.014 Time limits for action on Conditional Use Permit. An application for Conditional Use Permit shall be approved or denied by the Planning Commission within forty-five (45) days of its acceptance as complete by the CITY COUNCIL ORDINANCE NO. 1194 PAGE30F8 Community Development Department. The Planning Commission, or City Council on appeal, shall approve an application for a Conditional Use Permit for an adult business upon findings that the applicant has met all the applicable requirements and performance standards of this Chapter. Any proceeding to appeal such decision to the City Council shall be filed in writing with the City Clerk within fifteen (15) calendar days from the date of the decision pursuant to the provisions of Chapter 17.80. The City Council shall consider the appeal at a regular meeting within thirty (30) calendar days following the receipt by the Clerk of the appeal, or within such time as the Council shall continue the matter. SECTION 4. That the third paragraph of Section 17.70.038 of the Lake Elsinore Municipal Code entitled "Hearing on revocation of license" is hereby amended and restated as follows: At the conclusion of the hearing, the Planning Commission shall decide whether the grounds for revocation exist and shall submit a written report to the Director. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Director regarding whether the license is to be revoked. All such reports shall be filed with the City Clerk and shall be public records. ' A copy of such report shall be forwarded by certified mail, postage prepaid, to the licensee on the day it is filed with the City Clerk. If the Planning Commission determines that any grounds for revocation exist, as provided in Section 17.070.036 of this Chapter, the Director, based upon the report of the Planning Commission or, if no hearing was requested by the licensee, based upon the report of the City staff, shall immediately revoke the adult business license. The decision of the Planning Commission shall be appealable to the City Council by the filing of a written appeal with the City Clerk within fifteen (15) calendar days following the date of mailing of such decision pursuant to the provisions of Chapter 17.80. A timely filed appeal shall vacate the decision of the Planning Commission. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in Section 17.70.014. The decision of the City Council upon appeal, or the decision of the Planning Commission in the absence of a timely appeal, shall be final and conclusive. SECTION 5. That Section 17.74.070 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: CITY COUNCIL ORDINANCE NO. 1194 PAGE 4 OF 8 17.74.070 Effective date of the Use Permit. The decision of the Commission shall be final unless a written appeal is filed with the City Clerk within fifteen (15) calendar days from the date of the decision pursuant to the provisions of Chapter 17.80. SECTION 6. That Section 17.76.070 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.76.070 Effective date of the variance. The decision of the Commission shall be final unless a written appeal is filed with the City Clerk within fifteen (15) days from the date of the decision pursuant to the provisions of Chapter 17.80. SECTION 7. That Section 17.80.020 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.80.020 Appeals. Any person may file a written appeal to the City Council with the City Clerk within fifteen (15) calendar days from the date of the Commission's decision. A recommendation of the Commission shall not be considered a decision within the meaning of this Section and cannot be appealed. All appeals shall be on forms provided by the City Clerk and accompanied by a fee as set pursuant to Chapter 3.32 of the Municipal Code. Any member of the City Council may appeal a decision of the Planning Commission by written request to the City Clerk filed within fifteen (15) calendar days of the Planning Commission decision. SECTION 8. That Section 17.82.090 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.82.090 Effective date of Design Review approval. The decision of the Commission shall be final unless a written appeal is filed with the City Clerk within fifteen (15) calendar days from the date of the decision pursuant to the provisions of Chapter 17.80. SECTION 9. That Section 17.82.100 G. of the Lake Elsinore Municipal Code is hereby amended and restated as follows: CITY COUNCIL ORDINANCE NO. 1194 PAGE 5 OF 8 17.82.100 Minor Design Review G. The person submitting the project for "Minor Design Review" may appeal the Director's decision and/or conditions to the Planning Commission; provided that said appeal is submitted to the Director of Community Development within fifteen (15) calendar days. The Planning Commission shall hear the appeal in the same manner prescribed for a "Design Review" pursuant to the provisions of this Chapter. Planning Commission decisions may be appealed to the City Council by filing a written appeal with the City Clerk within fifteen (15) calendar days from the date of the decision pursuant to the provisions of Chapter 17.80. No construction related to the "Minor Design Review" shall commence prior to Planning Commission approval, or if appealed, City Council approval. SECTION 10. That Section 17.92.050 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.92.050 Denials. The Commission may deny or recommend that a petition be denied. Upon receipt of such report from the Planning Commission, recommending denial of the proposed petition, the City Council shall not be required to take any further action, unless the applicant or any interested person, files a written appeal of the action with the City Clerk within fifteen (15) calendar days from the date of the decision pursuant to the provisions of Chapter 17.80. SECTION 11. That Section 17.98.100 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.98.100 Appeals. An applicant or any interested person may file a written appeal of the Community Development Director's decision with the Planning Commission within fifteen (15) calendar days of the rendering of such a decision. Any person may file a written appeal with the City Clerk within fifteen (15) calendar days from the date of the Planning Commission's decision pursuant to the provisions of Chapter 17.80. SECTION 12. That Section 17.99.180 of the Lake Elsinore Municipal Code is hereby amended and restated as follows: 17.99.180 Site plan and tentative subdivision map appeal. The applicant may file a written appeal with the City Clerk within fifteen (15) calendar CITY COUNCIL ORDINANCE NO. 1194 PAGE 6 OF 8 days from the date of the Planning Comm,ission's decision pursuant to the provisions of Chapter 17.80. Such appeal shall be filed in duplicate with the Department of Community Development. The City Council shall consider the appeal at a regular meeting within thirty (30) calendar days following the receipt by the Clerk of the appeal, or within such time as the Council shall continue the matter. The City Council shall review the site plan and shall approve, approve with conditions, or deny the application. SECTION 13. SEVERABILITY. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 14. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. CITY COUNCIL ORDINANCE NO. 1194 PAGE 7 OF 8 INTRODUCED AND APPROVED UPON FIRST READING this lih day of September, 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of September, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE CITY COUNCIL ORDINANCE NO. 1194 PAGE80F8 rbara Zeid eibold, City Attorney City of Lake Elsinore