Ord 845ORDINANCE NO. 845
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 subd ivision, 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 .20.01 O (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 T itles 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:
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
Ordinance No. 845
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.
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EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption .
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Ordinance No. 845
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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.
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:
ATTEST:
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MULLIN, LEONARD, GROSCH, VAUS
NONE
FRANK
NONE
Steve Vaus, Mayor
, City Clerk