HomeMy WebLinkAboutORD. No. 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(cX4) 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.
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.
Ordinance No. 1134
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.
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 day of . 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, MAYOR
ATTEST:
RACHELLE KLASSEN, CITY CLERK