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
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Appeal from Action or Decision of
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Appeal Authority
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Notice Requirement
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City Engineer
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Planning Commission
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H*
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Community Development/Planning Director
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Planning Commission
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H*
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Design Committee
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City Council
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H*
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Planning Commission
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City Council
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H*
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Notice Type:
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Type "H": Public Hearing—Notice of the public hearing shall be provided consistent with Public Hearing Notice requirement in Section 18.06.130.
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(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)