The purpose of this article is to establish a uniform and consistent
procedure for appeals.
A.
An appeal from a decision or determination of the decisionmaking
authority may be taken by filing written notice of appeal with the
Planning Department within 15 days after the date of action. The day
following the date of action shall be the first day of the fifteen-day
appeal period, and the period shall end at the close of business on
the 15th day.
B.
The filing of an appeal shall suspend further action of the decisionmaking
authority until such time as the appeal shall be heard and acted upon
by the appellate body having jurisdiction as provided in this chapter.
No permit, license or certificate of approval or use of land or structures
involved in the application on appeal shall be issued until the appeal
has been acted upon.
C.
For appeals to the Planning Commission, within 15 days following
receipt of a complete notice of appeal on a form provided by the Planning
Director, the Planning Director shall set a date for public hearing
before the Planning Commission on the appeal. For appeals to the City
Council, the Planning Director shall submit the notice of appeal to
the City Manager, who shall advise the City Council of the notice
of appeal. The City Council shall set a date for public hearing on
the appeal.
D.
The appellate body shall hold a public hearing on the appeal. Notice of public hearing shall be given as provided in Article V of this chapter.
E.
The appellate body shall apply the review criteria applied by the
decisionmaking authority that considered the application.
A.
By the affirmative vote of the majority of all its members, the appellate
body may, without a full hearing, remand an appeal to the decisionmaking
authority that heard the application for rehearing and decision if
it finds that rehearing would be likely to serve public policy or
resolve the appeal. If the appellate body remands the appeal without
a full hearing, the appellate body shall make findings of fact on
which that action is based.
B.
An appellant may withdraw the appeal at any time, provided that notice
of the withdrawal is provided in writing to the Planning Director.
The fee for filing an application of appeal is not refundable, in
whole or in part.
C.
The general procedure for an appeal hearing is as follows:
(1)
The appellate body shall hold a hearing on the entire record
sent to it and reverse, affirm, or modify the decision appealed. The
appellate body shall affirm the decision appealed unless it finds
that the decision was not in accordance with adopted City of Española
plans, policies, and ordinances, the facts on which the decision was
based are not supported by the record, or the decision was arbitrary,
capricious, or a manifest abuse of discretion.
(2)
The appellate body shall not accept or consider evidence outside
of the record sent to it for review.
(3)
The appellate body may remand the matter for reconsideration.
If the appellate body remands the appeal, it shall state specifically
the matters to be reconsidered and the reasons for remand on which
that action is based.
(4)
Staff of the appellate body may communicate with the appellate
body at any time and by any means. The foregoing shall not apply to
members of the City of Española Planning Department staff if
the City of Española staff brought the appeal.
(5)
The appellate body shall take action on the appeal at the conclusion
of the hearing, and shall state and adopt, or make provision for the
adoption of, findings of fact supporting the decision. A decision
to reverse or modify the decision appealed will be effective only
on motion and affirmative vote of a majority of the members of the
appellate body present, and in no event fewer than four votes. If
no action is taken or approved at a hearing at which a quorum of the
members of the appellate body is present, the decision shall be considered
affirmed.
D.
If an appeal is filed by a member of the City Council, that member
shall be excused from deliberations or voting on the appeal, if there
is a determination by the remaining members of the City Council that
the member has a conflict of interest or is an aggrieved party.
A.
An appeal from a decision or determination of the City Engineer and/or
Planning Director to require or not require any or all of the impact
reports set forth in § 1301 may be taken by filing written
notice of appeal with the Planning Commission within 15 days after
the date of written decision of the City Engineer and/or Planning
Director as required in § 1301. The Planning Commission
shall notify the City Engineer and/or Planning Director of all such
appeals the next working day. The day following the date of the written
decision shall be the first day of the fifteen-day appeal period,
and the period shall end at the close of business on the 15th day.
B.
The filing of an appeal shall suspend the action of the City of Española
until such time as the appeal shall be heard and acted upon by the
Planning Commission. No decision, public hearing(s), permit, license
or certificate of approval or use of land or structures involved in
the application on appeal shall be held or issued until the appeal
has been acted upon.
C.
The owner, owner's agent or any aggrieved party may appeal the
decision of the City Engineer and/or Planning Director made pursuant
to the provisions of § 1301.
D.
Following the receipt of a complete notice of appeal on a form provided
by the Planning Department, the Planning Department shall place the
appeal on the agenda of the next regularly scheduled meeting of the
Planning Commission.
E.
The Planning Commission shall concur with the City Engineer's
and/or Planning Director's decision, modify the decision or reverse
the decision.
F.
Decisions of the Planning Commission regarding a decision of the
City of Española Engineer and/or Planning Director may be appealed
to the City of Española Council.
Appeals of administrative decisions of the City on land use
issues are authorized in accordance with NMSA 1978, § 39-3-1.1
and Rule 1-074, NMRA.
