2005-07 Appeal Process
ORDINANCE NO. 2005-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, AMENDING MUNICIPAL CODE SECTIONS 1.12.030 AND 1.12.040
REGARDING THE APPEAL PROCESS AND WHEN MATERIAL IS CAN BE
SUBMITTED BY STAFF
The City Council of the City of Encinitas, California, does ordain as follows:
SECTION ONE: That sections 1.12.030 and 1.12.040 are amended as follows:
SEE ATTACHMENT A
SECTION TWO: This amendment shall be evaluated by the City Council within one
year after its adoption.
SECTION THREE: This Ordinance was introduced on April 13, 2005.
PASSED AND ADOPTED on the27th day of April, 2005, by the following vote to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Bond, Dalager, Guerin, Houlihan, Stocks.
None.
None.
None.
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Dan Dalage1'
Mayor of the City of Encinitas
ATTESTATION AND CERTIFICATION:
I hereby certify that this is a true and correct copy of Ordinance 2005-07 which has been
published pursuant to law.
~~ Ç!::~~
Deborah Cervone, City erk
A TT ACHMENT A
1.12.030 Material For Public Hearing
A. Material From Other Persons. On or before 5:00 P.M., seven calendar days prior
to the Public Hearing, any person may submit to the City Clerk for filing a written position with
arguments, documents, and information, and also may file exhibits, letters, photos, charts,
diagrams, videos, etc., addressing the challenged determination.. Written positions with
arguments, documents, information, exhibits, letters, photos, charts, diagrams, or videos, etc.,
will not be filed, submitted to or considered by the City Council for Public Hearing, unless they
are timely filed with the City Clerk. Upon filing with the City Clerk, those items will be available
to the public.
B. Appeal Documents. The appellant's appeal documents shall be available to the
public, and will be submitted at the Public Hearing.
C. Staff Report. The City department may prepare and submit to the City Council a
Public Hearing Staff Report which may include a proposed resolution setting forth proposed
findings, conclusions and determinative actions. It shall incorporate materials submitted to the
subordinate entity. The Public Hearing Staff Report will be made available to the public no less
than three calendar days prior to the Public Hearing~
D. Staff Review of Material Submitted From Other Persons. The City department may
review and respond in writing to the material submitted pursuant to Section 1.12.030A. The City
department response may be provided to the City Council up to the time of the Public Hearing.
1.12.040 Public Hearing To Consider Appeal. The Public Hearing to consider the appeal
shall be conducted in accordance with the following:
A. Materials. At the Public Hearing, the City Council shall only receive and consider
the following materials:
1. Public Hearing Staff Report which will include the materials submitted to the
subordinate entity. The report may include a proposed resolution setting forth
proposed findings, conclusions and determinative actions.
2. Each timely filed written position with arguments, documents, information,
exhibits, letters, photos, charts, letters, diagrams, or videos, etc. (required to be
submitted seven calendar days prior to the Hearing see pursuant to Section
1.12.030A).
3. Any written response provided by a City department pursuant to Section
1.12.030D.
4.
No other materials shall be received or considered at the Public Hearing.