HomeMy WebLinkAboutORD 1134ORDINANCE NO. 1134
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
AMENDING TITLE 2 OF THE PALM DESERT MUNICIPAL CODE
ADDING CHAPTER 2.72 RELATIVE TO APPEAL PROCEDURES TO
THE CITY COUNCIL.
WHEREAS, the City of Palm Desert is committed to providing a fair and
equitable process to persons and/or businesses that submit applications to the City for
review and approval; and
WHEREAS, the City considers establishing an appeals procedure to City Council
for various types of approvals at department, committee, and commission levels where
the Palm Desert Municipal Code does not otherwise provide for is a vital part of a fair
and impartial approval process; and
WHEREAS, the City Council seeks to comply with AB2987 Section 5885(c)(4)
amending the Public Utilities Code requiring the adoption of an appeals procedure to
the governing board (City Council) of the City for denials of an encroachment permit
application; and
WHEREAS, the City is amending Title 2 adding Chapter 2.72 in keeping with
AB2987 Section 5885(c)(4) related to cable and video service providers as well as to
provide an appeal process for permits, licenses, or other types of approvals not
otherwise provided for within the Palm Desert Municipal Code.
NOW, THEREFORE, the City Council of the City of Palm Desert, California,
DOES HEREBY ORDAIN as follows:
Section 1. Title 2 ("Administration and Personnel") of the Palm Desert
Municipal Code is amended by adding a new Chapter 2.72 to read as follows:
Chapter 2.72 APPEALS TO THE CITY COUNCIL
2.72.10 APPEALS TO THE CITY COUNCIL
A. Unless an appeal procedure is otherwise specified in this Code,
and subject to paragraph B below, any person aggrieved by a decision involving the
denial, conditional approval, suspension, or revocation of a permit, license, or other
approval applied for or held by that person pursuant to any provision of this Code may
appeal to the city council by filing with the city clerk a written notice of appeal.
B. Notwithstanding the provisions of paragraph (A) above, no right of
appeal to the city council from any administrative decision made by a city official shall
exist when that decision is ministerial and does not involve the exercise of
administrative discretion or personal judgment.
ORDINANCE NO. 1134
2.72.020 PROCEDURE FOR APPEALS
A. No notice of appeal will be processed unless filed within 10 days _
after service of written notice of the decision from which the appeal is taken; provided
that if written notice of the decision has not been served, the appellant may, within 10
days after being apprised of that decision, demand service of written notice and will
have 10 days following that service in which to file the notice of appeal.
B. For purposes of this section, service upon the appellant means
either personal delivery or placement in the United States mail, postage prepaid, and
addressed to the appellant's last known address.
C. The notice of appeal must specify the specific decision from which
the appeal is taken, the specific grounds for the appeal, and the relief or action
requested from the city council. If the notice of appeal fails to set forth any information
required by this paragraph, the city clerk will return the notice to the appellant with a
statement of the deficiency, and the appellant will thereafter have five days in which to
cure the deficiency and to refile the notice of appeal.
D. The notice of appeal must be accompanied by such fee as may
have been established by resolution of the city council.
2.72.030 HEARING AND NOTICE
Upon the timely filing of a notice of appeal in proper form, the city clerk will
schedule the matter for hearing by the city council at a regular meeting, but not later
than 45 days after receipt of the notice of appeal. The city clerk will cause the notice of
hearing to be given to the appellant not less than 10 days prior to the hearing, unless
that notice is waived in writing by the appellant. The city clerk will also cause a copy of
the notice of appeal and the hearing to be transmitted to the city official or body whose
decision is being appealed.
2.72.040 CONDUCT OF HEARINGS
A. At the time of consideration of the appeal by the city council, the
appellant will be limited to a presentation on the specific grounds of appeal and related
matters set forth in its notice of appeal. Appellant will have the burden of persuading
the city council that the decision appealed from should be reversed or modified.
B. The city council may continue the hearing on the appeal from time
to time as deemed necessary by the city council. The city council may, by resolution,
affirm, reverse, or modify, in whole or in part, the decision appealed from and may take
any action that might have been taken in the first instance by the city official or body
from whose decision the appeal has been taken.
ORDINANCE NO. 1134
C. The decision of the city council will be deemed final and conclusive
upon adoption of the resolution. A copy of the resolution adopted by the city council will
be served upon the appellant by placement in the United States mail, postage prepaid,
to the appellant's last known address.
Section 2. The City Clerk is directed to certify to the passage and adoption of
this ordinance and to cause this ordinance to be posted or published as required by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Palm Desert, California, on the 8th day of March, 2007, by the following
roll call vote:
AYES: BENSON, FERGUSON, FINERTY, SPIEGEL, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE ( ��d
RICHARD S. KELLY, MAYOR
ATTEST:
4CHELLE D. KLAS N, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA