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HomeMy WebLinkAboutOrd 1713I ORDINANCE No. 1713 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING MUNICIPAL CODE SECTIONS 25.16.070 AND 25.16.090 TO 3 REFORMULATE THE TIME PERIOD IN WHICH TO APPEAL A DECISION OF THE PLANNING COMMISSION TO TEN DAYS 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 7 Section 1. Under the existing City Zoning Code, any person may appeal a decision of the 8 Planning Commission by filing an appeal by the end of the next regular City Council meeting. This 9 means that in some instances an appeal has to be filed in three or four days and in other instances, 10 it may mean that an appeal is not due for four or five weeks, depending on the decision date and 11 the Council's meeting schedule. This is often unfair to the applicants involved. In addition, the 12 term `regular meeting" can cause confusion. In order to simplify the situation, this ordinance 13 changes the appeal period to ten days and clarifies that it applies to all appeals under the Zoning 14 Code. 15 16 Section 2. Section 25.16.070 is amended to read as follows: 17 25.16.070 Finality of decisions — Appeal — Suspension of order pending appeal. 18 (a) The determination and order of the commission shall become final and conclusive after 19 ten (10) days from the date of the commission decision if no appeal is filed. During the period 20 between the action of the commission and the expiration of the ten-day period, any person may 21 appeal the commission decision to the city council. In order to be effective, the appeal must be in 22 writing, and be filed with the city clerk together with any required appeal fee. During the same 23 period, any councilmember may file awrittenrequest with the city clerkthatthe action be reviewed 24 by the city council. No fees are required when a council member requests review of a commission 25 action. 26 (b) If an application has been denied by the commission, only the applicant may appeal the 27 denial. If an application or a portion thereof is approved, an appeal may be made by the applicant 28 or any interested person. 1 1 Section 3. Section 25.16.090 is amended to read as follows: 2 25.16.090 Similar methods for all applications and hearings. 3 Whenever in this title, hearings on any matter before the commission, or council, or both, 4 are required, and it is not specified that applications or notices of hearings be dispensed with, and 5 no other procedure is specified, the applications shall be substantially in the form, and shall be set 6 for hearing and noticed, in the manner prescribed in this chapter for applications for variances and 7 special permits. Procedures for appeals regarding any such applications shall also conform to the 8 provisions of this chapter. 9 10 Section 4. This ordinance shall be published as required by law. 11 12 13 Mayor 14 15 I, DORIS MORTENSEN, Deputy City Clerk of the City of Burlingame, do hereby 16 certify that the foregoing ordinance was introduced at a regular meeting of the City Council held 17 on the 19' day of May, 2003, and adopted thereafter at a regular meeting of the City Council held 18 on the 2"d day of June, 2003, by the following vote: 19 AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, 09MAHONY 20 NOES: COUNCILMEMBERS: NONE 21 ABSENT: COUNCILMEMBERS: GALLIGAN, JANNEY 22 23 City Clerk 24 S:v0rdinancesvord1713.ord.wpd 25 26 27 28 2