O 494 C.S.
ORDINANCE NO. 494 C. S .
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE AMENDING CHAPTER 4 OF
TITLE 1 OF THE ARROYO GRANDE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 4 of Title 1 of the Arroyo Grande Municipal Code is hereby
repealed and replaced in its entirety to read as follows:
CHAPTER 4: APPEALS
1-4.01. Right to Appeal.
A. Except where an appeals procedure is otherwise specifically set forth in this
Code, any person objecting to the approval, denial, sU:))'"':J1sion 0:-
revocation of a license, permit or entitlement of any nature, the determma-
tion or issuance of which is under any of the provisions of this Code, or to
any administrative decision made by any city official, if the approval,
denial, suspension or revocation of such license, permit or entitlement or
the determination of such administrative decision involves the exercise of
administrative discretion or personal judgment exercised under any of the
provisions of this Code, may appeal in writing to the Council by filing with
the City Clerk a written notice of such appeal, stating the specific grounds
for the appeal. The appeal notice shall include the required fee set by a
resolution of the Council. The Council's authority to review the decision
being appealed is not limited to the original reason stated for the appeal.
The Council may review and take action on all determinations, interpreta-
tions, decisions, judgments, or similar actions taken, and is not limited to
the reason stated for the appeal.
B. No appeal may be taken to any such administrative decision made by a city
official under the provisions of this chapter unless such decision to appeal
has been first taken up with the department director concem~ and with the
City Manager.
C. No right of appeal to the Council from any administrative decision made
by a city official under any of the provisions of this Code shall exist when
such decision is ministerial and thus does not involve the exercise of
administrative discretion or personal judgment exercised under any of the
provisions of this Code, whether the administrative decision involves the
ORDINANCE NO. 494 c.s.
approval, denial, suspension or revocation of a license, permit, entitlement
or any other administrative decision.
1-4.02. Time Within Which to File an Appeal. The appellant shall file a notice
of appeal with the City Clerk within ten (10) calendar days after the date upon
which the administrative decision appealed from is made. In the event the last day
of the filing period falls on a non-business day, the appeal period shall be extended
to include the next business day, and this rule shall apply whenever an appeal
procedure is specifically set forth elsewhere in this Code.
1-4.03. Hearing - Notice. Upon receipt of the filing of the notice of appeal in its
proper form, the City Clerk shall place the matter on the Council agenda. Except
in cases of emergency, when the Council may determine the matter immediately,
or where state law prescribes a different appeal process, the City Clerk shall set the
matter for hearing at the next reasonably available Council meeting, but in no event
later than sixty (60) calendar days after the date of the filing of such notice of
appeal with the City Clerk.. The City Clerk shall cause written notice of such
hearing to be given to the appellant not less than five (5) business days prior to
such hearing, unless such notice is waived in writing by the appellant.
1-4.04. Hearing - Appellant to Show Cause - Council's Determination Final. At
such hearing the appellant shall show cause on the grounds specified in the notice
of appeal why the action appealed from should not be approved. The Council may
continue the hearing from time to time, and its findings on the appeal shall be final
and conclusive in the matter.
1-4.05. Right of Council to Appeal Commission Decisions. The Council may
appeal any decision by a City commission, whether an appeal is provided for under
Section 1-4.01 of this Chapter or otherwise specifically provided for in this Code.
For the Council to appeal a decision under the provisions of this section, the
Council shall adopt a motion to appeal such action within fifteen (15) calendar days
following the date of the action from which an appeal is made.
1-4.06. Right of Council to Appeal Commission Decisions; Hearings; Notices.
Upon adoption of a motion by the Council to appeal a commission decision, the
City Clerk shall forthwith set the matter for a hearing before the Council at a
subsequent regular meeting and shall cause notice thereof to be given to the
commission whose action is being reviewed and to the aggrieved applicant,
property owner, or person affected by such decision.
1-4.07. Right of Council to Appeal Commission Decisions; Decisions. At the
close of the hearing, the Council may affirm, revise, or modify the decision
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ORDINANCE 494 C.S.
appealed. If the Council does not take any action within sixty (60) days following
the hearing, the action appealed shallbe deemed affirmed.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more
section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitu-
tional.
SECTION 3: Within fifteen (15) days after passage of this Ordinance, it shall be
published once, together with the names of the Council Members voting thereon, in a newspaper
of general circulation within the City.
On motion of Council Member Lady , seconded by
Council Member Runels and on the following roll call vote, to-wit:
AYES: Council Membe~Lady, Runels, Tolley, Fuller, and Mayor Dougall
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this , 1998.
A TIEST:
iI~a. ~.
NANCY A. AVIS, CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LYON & CARMEL
BY: ~X~ Z hb:uL. ttLlL1'
TI OTH J. CA ROBERT L. HUNT, CITY MANAGER
CITY A TfORNEY
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ORDINANCE NO. 494 c.s.
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo,
State of California, do hereby certify under penalty of perjury that the foregoing Ordinance No.
4 9 4 C. s.is a true, full and correct copy of said Ordinance passed and adopted at a regular
meeting of said Council on the 27th day of January , 1998.
WITNESS my hand and Seal of the City of Arroyo Grande affixed this 30th day of January,
1998.
'1i~a. ~
NANCY A A VIS, CITY CLERK
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