HomeMy WebLinkAboutOrd 1713I
ORDINANCE No. 1713
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ORDINANCE OF THE CITY OF BURLINGAME
AMENDING MUNICIPAL CODE SECTIONS 25.16.070 AND 25.16.090 TO
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REFORMULATE THE TIME PERIOD IN WHICH TO APPEAL A DECISION OF
THE PLANNING COMMISSION TO TEN DAYS
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The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
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Section 1. Under the existing City Zoning Code, any person may appeal a decision of the
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Planning Commission by filing an appeal by the end of the next regular City Council meeting. This
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means that in some instances an appeal has to be filed in three or four days and in other instances,
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it may mean that an appeal is not due for four or five weeks, depending on the decision date and
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the Council's meeting schedule. This is often unfair to the applicants involved. In addition, the
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term `regular meeting" can cause confusion. In order to simplify the situation, this ordinance
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changes the appeal period to ten days and clarifies that it applies to all appeals under the Zoning
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Code.
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Section 2. Section 25.16.070 is amended to read as follows:
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25.16.070 Finality of decisions — Appeal — Suspension of order pending appeal.
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(a) The determination and order of the commission shall become final and conclusive after
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ten (10) days from the date of the commission decision if no appeal is filed. During the period
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between the action of the commission and the expiration of the ten-day period, any person may
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appeal the commission decision to the city council. In order to be effective, the appeal must be in
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writing, and be filed with the city clerk together with any required appeal fee. During the same
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period, any councilmember may file awrittenrequest with the city clerkthatthe action be reviewed
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by the city council. No fees are required when a council member requests review of a commission
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action.
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(b) If an application has been denied by the commission, only the applicant may appeal the
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denial. If an application or a portion thereof is approved, an appeal may be made by the applicant
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or any interested person.
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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.
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10 Section 4. This ordinance shall be published as required by law.
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13 Mayor
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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
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City Clerk
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