The appeal authority is designated according to Table 18.24.015 to hear appeals from any decision made pursuant to this title, including those relating to acceptance of prefiling materials, and to hear appeals of any decision of an advisory agency as designated in this title. Ministerial applications are not subject to appeal.
(Ord. 2747 § 1, 1993; Ord. 3732 § 7, 2001; Ord. 6477 § 15, 2022)
APPEAL AUTHORITY, NOTICE REQUIREMENT AND REQUIRED HEARING
Appeal from Action or Decision of
Appeal Authority
Notice Requirement
City Engineer
Planning Commission
H*
Community Development/Planning Director
Planning Commission
H*
Design Committee
City Council
H*
Planning Commission
City Council
H*
Notice Type:
Type "H": Public Hearing—Notice of the public hearing shall be provided consistent with Public Hearing Notice requirement in Section 18.06.130.
(Ord. 3732 § 11, 2001; Ord. 6477 § 16, 2022)
Any person aggrieved by an action of the city engineer, community development/planning director, design committee, or planning commission made pursuant to this article, may appeal such action to the appropriate appeal authority, as shown in Table 18.24.015, by filing a written appeal with the appropriate fee within 10 days from the date of action by the city engineer, community development/planning director, committee or commission. If the 10th day falls upon a weekend or holiday, the appeal period shall be extended to the end of the next available working day. All appeals shall be filed with the city clerk's office except appeals of the city engineer and community development/planning director's action, which shall be filed with the planning department.
(Ord. 2747 § 1, 1993; Ord. 3732 § 6, 2001; Ord. 3921 § 1, 2003)
A. 
The planning department shall provide a standard form for the filing of an appeal of the action of the city engineer or community development/planning director. The appeal shall be filed with the planning department within 10 days from the date of action with such fees as may be established by the city council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for the appeal of the conditions shall be specified.
B. 
The failure of an appellant to specify the grounds of appeal shall constitute a waiver of the right to appeal.
C. 
The city clerk shall provide a standard form for the filing of an appeal of the action of the design committee or the planning commission. The appeal shall be filed with the city clerk with such fees as may be established by the city council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeals of the conditions shall be specified.
(Ord. 2747 § 1, 1993; Ord. 3732 § 6, 2001)
The timely filing of an appeal shall stay the effect of the decision appealed from, and shall toll any statute of limitation (including, without limitation, those relating to expiration of tentative maps or for the processing or approval of maps) until the appeal has been acted upon.
(Ord. 2747 § 1, 1993)
A. 
Hearings on appeal shall be set and notice given pursuant to Section 18.06.130.
B. 
The hearing on the appeal shall be held within 30 days after its filing. The appellant shall not be granted a continuance beyond the 30-day period. Within seven days following the conclusion of the hearing, the city council shall render its decision on the appeal.
C. 
If the city council fails to act upon an appeal within the time limit specified in this section, the decision appealed shall be deemed affirmed.
D. 
Each appeal shall be considered to be a de novo hearing on the matter being appealed. The appeal authority may grant the appeal, grant the appeal in part, or deny the appeal. In taking its action on an appeal, the appeal authority shall state the basis for the action being taken on the appeal, and may refer the matter back to the original advisory agency for further action. The appeal authority may modify or delete any conditions which have been appealed, or add such conditions as may be necessary to address the issues being appealed, or may modify or delete any other conditions of approval which are necessarily related to those which have been appealed. Any condition which was not appealed, and which has not been modified or deleted upon appeal, shall remain unaffected.
E. 
The council may refer a matter back to the advisory agency if the council finds that there is information that was not made available to the advisory agency which may have affected the decision. The advisory agency shall hold a public hearing on the matter within 60 days following the city council's date of referral.
(Ord. 2747 § 1, 1993.; Ord. 3732 § 6, 2001)