Item 10 - First Reading of Ordinance Amending Poway Municipal Code Chapter 2.20 (Administrative Appeals)November 20, 2020, Item #10DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway November 17, 2020 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney afenstermacher@rutan.com CITY COUNCIL First Reading of Ordinance Amending Poway Municipal Code Chapter 2.20 (Administrative Appeals) The proposed Ordinance (Attachment A) would amend sections 2.20.01 O and 2.20.020 of the Poway Municipal Code ("PMC") to clarify and formalize a process for final decisions by City staff regarding land use matters to be appealable directly to the City Council. Recommended Action: It is recommended that the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for December 1, 2020. Discussion: The City Attorney's office has progressively been updating the City's Municipal Code for several years. In 2019, a number of amendments were made to streamline Code Compliance procedures. The City Attorney's office and City staff discovered that an unintended consequence of those amendments was eliminating provisions of the PMC that make clear that certain decisions made by City staff may be appealed to the City Council, rather than the hearing officer, as has always been the practice in the City. The proposed Ordinance (Attachment A) would make clear that any City staff decision made pursuant to any provision of Title 16 (Subdivisions and Other Land Use Regulations) or Title 17 (Zoning) of the PMC would be appealable directly to the City Council, rather than the City's Hearing Officer. The appellant would be required to pay a fee established by resolution, and any such appeal would be heard and decided at a regular City Council meeting. Appeals of Code Compliance decisions, such as the issuance of administrative citations and notices of violation, would still be heard and decided by the City's Hearing Officer, whose decision would be final. The City has historically received very few appeals of City staff decisions, and City staff does not anticipate that adopting this Ordinance will result in more appeals. 1 of 5
November 20, 2020, Item #10Environmental Review: This item is not a "Project" pursuant to the California Environmental Quality Act ("CEQA") and is therefore not subject to CEQA review. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on November 5, 2020. Attachments: A. Ordinance Reviewed/ Approved By: Assistant City Manager 2 of 5 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager
November 20, 2020, Item #10ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 2.20 (ADMINISTRATIVE APPEALS) OF THE POWAY MUNICIPAL CODE WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, the purpose of this Ordinance is to clarify that subdivision, zoning and other land use decisions made by City staff may be appealed to the City Council, consistent with past practices; and WHEREAS, other staff level decisions, such as Code Compliance decisions such as administrative citations and notices of violation, shall remain appealable to the City's Hearing Officer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: The City Council hereby approves this Ordinance and amends Chapter 9.54 of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 3: Section 2.20.010 (Scope) of Chapter 2.20 (Administrative Appeals) of the PMC is hereby amended as follows: Except for personnel matters, legal determinations, and as expressly otherwise provided to the contrary in this code, any interested person may appeal the final decision of any City officer, board, committee, commission, department director or department subordinate to the hearing officer in accordance with the provisions of this chapter. Notwithstanding the foregoing, any appeal of the final decision of any City officer, board, committee, commission, department director or department subordinate that is made pursuant to any provision of Titles 16 or 17 of the PMC shall be heard by the City Council. The procedures set forth in PMC sections 2.20.030 through 2.20.090 only apply to appeals heard by the hearing officer. The procedure for appeals to the City Council shall be consistent with the procedures for other matters considered at regular City Council meetings. SECTION 4: Section 2.20.020 (Filing of appeal) of Chapter 2.20 (Administrative Appeals) of the PMC is hereby amended as follows: 3 of 5 A. To be sufficient for filing, the written appeal must be delivered to the City Clerk, together with the fee established by resolution and any other amount due pursuant ATTACHMENT A
November 20, 2020, Item #10Ordinance No. *** to PMC 2.20.050, within 10 calendar days following the decision for which a review is sought. If the day falls on Saturday, Sunday or other day when City Hall is closed, the deadline shall be extended to 5:00 p.m. of the next working day. The appeal must be legible and set forth: 1. The appellant's full name, address and phone number; 2. The subordinate entity; 3. The date of the determination; 4. The determination for which review is sought; 5. The appellant's interest in the appealed determination; 6. Each reason why the appellant appeals the determination including, if applicable, the Poway Municipal Code sections that are to be appealed; and 7. Be accompanied by the appeal fee established by resolution. B. An insufficient appeal shall be returned to the appellant. C. If the appeal is sufficient, the City Clerk shall set the matter for consideration by the hearing officer to be held in accordance with PMC 2.20.070, or as applicable, by the City Council, to be held at a regularly scheduled public meeting. D. The City Clerk shall mail the appeal document to the applicant, if appropriate, or other real party in interest, with notice of the time, date and location of the hearing and notice of the opportunity to submit a written response to the appeal request at least 14 calendar days prior to the initial consideration by the hearing officer or City Council, as applicable. The City reserves the right to reschedule the hearing date as needed. In such cases, notice of the change will immediately be communicated to the appellant. E. The City Clerk shall deliver a copy of the appeal document to the appropriate City department which will prepare a City response to the request for the appeal. In the case of appeals to the City Council, the response will take the form of an agenda report. SECTION 5: This Ordinance shall be codified. Page4 EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. 4of 5
November 20, 2020, Item #10Ordinance No. *** Page 5 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 17th day of November, 2020 and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 1st day of December, 2020, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 5 of 5