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AgdaPkt 2010-11-22 clsd and regular
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AgdaPkt 2010-11-22 clsd and regular
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Last modified
7/9/2012 11:22:57 AM
Creation date
11/18/2010 5:05:06 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council and Redevelopment Agency
Date
11/22/2010
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8.A <br /> Page 49 <br /> arbitrary and nof based on the actual facts and circumstances present, nor on sufficient <br /> prior experience on the parts of the City Manager, City Attorney, or City C/erk with <br /> respect to determining the reasonable, legitimate needs of these speci�c Appellants to <br /> prepare for this speci�c type of appeal; and (b) the unreasonably short period which <br /> Appellants consequently have available to prepare their Appea! in this administrative <br /> proceeding deprives Appellants of tl�eir rights to Due Process and Equal Protecfion, as <br /> guaranteed in the U. S. and California Constitutions and relevant statutes and <br /> regulations. Appellants expressly reserve the right to seek postponement by judicial or <br /> other means of the Appeal hearing date unfil such time as Appellants have had <br /> reasonable and sufficient time to prepare all necessary or helpful materials to present at <br /> the Appeal. <br /> Article 48 of the Redwood City Zoning Ordinance authorizes and regulates appeals of <br /> the Zoning Administrator's decisions to the City Council. Section 48.6 states, "no public <br /> hearing need be held on appeals; provided, however, a public hearing may be held if <br /> deemed necessary in the public interest by the City Council." If a public hearing is <br /> scheduled, the City's practice is to schedule that public hearing as soon as possible to <br /> facilitate timely resolution of the matter. The appellants have been afforded <br /> approximately 60 days to prepare fo� the public hearing and have been involved <br /> throughout the City's review process for this project. They, along with all other <br /> interested parties and neighbors, have been provided equal opportunity to provide <br /> informativn, comments, and opinions. The City has made it a priority to keep the <br /> neighborhood apprised of, and involved in, the review process. <br /> The City has maintained consistency with the established appeal process established in <br /> Article 48 of the Redwood City Zoning Ordinance. Furthermore, the City has provided <br /> the appellants with several accommodations. Section 48.2 (Method of Appeal) states, <br /> "Every appeal must be made in writing and filed with the City Clerk within seven (7) <br /> days of the final decision or determination of the body or official whose action is being <br /> appealed. The appeal shall state the grounds upon which the appeal is made and shall <br /> be accompanied by any supporting information the appellant wishes considered during <br /> the appeal." The initial appeal filed on September 24, 2010 (Attachment 2) failed to <br /> specify the grounds for the appeal, nor was it accompanied by any supporting material. <br /> In an effort to provide additional accommodations, the City Clerk granted an extended <br /> timeline for the submittal of materials (Attachment 3}. � <br /> 5 <br /> � <br />
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