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CITY COUNCIL AGENDA ITEM NO. 20

Meeting Date: August 13, 2002

Subject/Title: Public Hearing- Zoning Ordinance Amendment (RZ 02-03) Relating to Procedures For Filing Appeals.
Submitted by: Community Development (Oshinsky/Leana) 

Approved by: John Stevenson, City Manager



RECOMMENDATION: Introduce and Waive the first reading of an ordinance establishing a uniform 10 calendar day appeal period for all actions by the Planning Commission, Zoning Administrator, or other decisions of other administrative officials within the City of Brentwood, and eliminating the requirement that the City Council set the hearing date for an appeal, and instead enabling city staff to set the hearing date. 

BACKGROUND: At its July 16th meeting the Planning Commission, in a 5-0 vote, recommended these changes to the city's appeal procedures. 

ANALYSIS: In an attempt to streamline its appeal process and establish a uniform appeal period staff proposed the attached changes to the city's existing appeal procedures. The existing codes established a 10 calendar day appeal period for actions under the city's Subdivision Ordinance, a 14 calendar day appeal period under the city's Zoning Ordinance, and a 15 calendar day appeal period under the city's CEQA guidelines. For the past several years staff has been utilizing the 14 calendar day appeal period on all actions made by the Planning Commission. With the recent increase in the number of actions appealed we felt it was time to establish a uniform appeal period in order to eliminate any confusion or misunderstandings by the development community and our citizens.

As part of establishing a uniform appeal "period" we undertook a quick survey of other California cities and found that while the appeal periods vary, 10 calendar days is the most widely utilized. And, the State Subdivision Map Act is the only land use document that establishes an appeal period-10 calendar days-- for actions on tentative subdivision and parcel maps. Hence, the use of 10 days seems appropriate.

An additional proposed change is to eliminate having the City Council set the hearing date on an appeal that it must consider, and instead allow staff to simply advertise the appeal for public hearing. The existing practice requires that staff prepare an agenda report, which is normally a consent calendar item, recommending a date for the appeal hearing. The change would direct staff to schedule the public hearing within thirty (30) calendar days of receiving notice of the appeal. This change is an attempt to streamline the process and eliminate unnecessary paperwork.


Attachments:
Survey of California cities appeal periods.
Ordinance XXX 
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTERS 17.880 AND 18.04 OF THE BRENTWOOD MUNICIPAL CODE RELATING TO PROCEDURES FOR FILING APPEALS.

WHEREAS, it is the desire of the City of Brentwood to streamline its appeal process; and
WHEREAS, it is the desire of the City of Brentwood to insure that its ordinances are internally consistent with one another and are consistent with pertinent state regulations; and

WHEREAS, it is the desire of the City of Brentwood to expedite action on proposed development projects and yet provide its residents with the opportunity to voice their concerns; and

WHEREAS, by passage of Resolution 02-45, the Planning Commission of the City of Brentwood is hereby recommending approval of this code amendment; and

WHEREAS, a public hearing notice was placed in the Antioch Ledger Dispatch on August 2, 2002 for this ordinance amendment as required by Government Code Section 65090 and City codes; and

WHEREAS, this ordinance amendment is not classified as a “project” under the California Environmental Quality Act (CEQA); and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed amendment on August 13, 2002 for the purpose of reviewing this amendment, the Planning Commission recommendation, and considered all public testimony with respect to the amendment; and

WHEREAS, the City Council of the City of Brentwood makes the following finding per the Brentwood Municipal Code associated with this amendment.

This amendment is consistent with the General Plan, is appropriate for the public interest, and will not adversely affect the Brentwood community.

NOW, THEREFORE, the City Council of the City of Brentwood ordains as follows: 

Section 1. Chapter 17.880 is hereby amended as follows: (added text underlined, deleted text stricken)

(SEE PART 2 – IN PDF AND HARD COPY FORMATS)


Section 2. Chapter 18.04.060 is hereby amended as follows:

18.04.60 Appeal.

Appeal from any action or other determination by the CEQA administrator or other public body or city official shall be made in accordance with Chapter 17.880.

Section 3.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:
1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or
2. Publishing the entire Ordinance at least once in the Ledger Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or
3. Publishing a summary of the Ordinance prepared by the City Attorney in the Ledger Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance

B. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

THE FOREGOING ORDINANCE was introduced with first reading waived at a regular meeting of the Brentwood City Council on the 13th day of August, 2002 and adopted at a regular meeting of the Brentwood City Council on the _____day of _____________, 2002, by the following vote:

SURVEY OF CALIFORNIA CITIES (BY EMAIL) OF APPEAL PERIODS


5 DAYS 5 WORKING DAYS 5 CALENDAR DAYS

Antioch 
Merced

7 DAYS 7 WORKING DAYS 7 CALENDAR DAYS


Gardena (10 days for Maps)
Redwood City

10 DAYS 10 WORKING DAYS 10 CALENDAR DAYS

Patterson
Half Moon Bay
Hercules
Del Mar

Madera
Carpenteria
Winters
Claremont
Elk Grove
Rio Vista (15 for Subdivisions)
Fort Bragg
Turlock
Truckee
Pacifica
Napa
Tulare
Belmont (15 for TPM)
Montclair
Davis

14 DAYS 14 WORKING DAYS 14 CALENDAR DAYS


Wasco

15 DAYS 15 WORKING DAYS 15 CALENDAR DAYS


LaCanada/Flintridge
West Sacramento
Lemon Grove (10 for Subdivisions)
Agoura Hills
Sonoma
Calimesa
San Bernardino
Gonzales
Lomita
San Leandro
Glendora

19 DAYS 19 WORKING DAYS 19 CALENDAR DAYS


Monterey Park

21 DAYS 21 WORKING DAYS 21 CALENDAR DAYS


Garden Grove

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov