HomeMy WebLinkAbout1992-11-10; City Council; NS-218; CMC 1.16.010(b) amend - Local agency decisions judicial review limitations...4
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ORDINANCE NO. NS-218
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 1, CHAPTER 1.16 OF THE CARLSBAD MUNICIPAL CODE
ESTABLISHING NEW GUIDELINES FOR TIME LIMITATIONS FOR JUDICIAL REVIEW OF CITY OR LOCAL AGENCY DECISIONS.
The City Council of the City of Carlsbad, California (
ordain as follows:
SECTION I: That Title 1, Chapter 1.16 of the Carl:
Municipal Code be amended by the amendment of Section 1.16.01(
to read as follows:
111.16.010(b). Any such petition shall be filed not 1 than the 90th day following the date on which the decision bec final. If there is no provision for the reconsideration of
decision, or for a written decision or written findings suppor the decision, in any applicable decision of any statute, char or rule, for the purposes of this section, the decision is fina the date that it is announced. If the decision is not announce the close of the hearing, the date, the time, and the place of announcement of the decision shall be announced at the hearing. there is a provision for reconsideration, the decision is final the purposes of this section upon the expiration of the pe during which such reconsideration can be sought; provided, tha reconsideration is sought pursuant to any such provision, decision is final for the purposes of this section on the date- reconsideration is rejected. If there is a provision for a wri decision or written findings, the decision .is final for
purposes of this section upon the date it is mailed by first c mail, postage prepaid, including a copy of the affidavit certificate of mailing to the party seeking the writ. Subdivi (a) of Section 1013 of the California Code of Civil Procedure not apply to extend the time, following deposit in the mail of decision or findings, within which a petition shall be filed.
EFFECTIVE DATE : This ordinance shall be effec
immediately upon its adoption, and the City Clerk shall certif
the adoption of this ordinance and cause it to be publishe
least once in the Carlsbad Journal within fifteen days after
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the 3rd day of NOVEMBER I 1'
and thereafter
PASSED AND ADOPTED at a regular meeting of the 1
Council of the City of Carlsbad on the 10th day of NOVEMBER
1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygi
NOES: None
ABSENT : None
APPROVED AS TO FORM AND LEGALITY
RONALD L R. BALL, f2* City k Attorney
//* 12- 72
ATTEST :
ALfe ~G~EN
~ Page 2 of 2 of Ordinance No. NS-218