A. 
Except when an appeals procedure is otherwise specifically set forth in this code, any person excepting to the denial, conditional approval, suspension, or revocation of a permit, license, or other approval applied for or held by him or her pursuant to any provision of this code, or to any administrative decision made by any official of the city, if the denial, conditional approval, suspension, or revocation of such permit, license, or approval, or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any provision of this code, may appeal in writing to the council by filing with the city clerk a written notice of such appeal.
B. 
No appeal may be taken to any such administrative decision made by an official of the city pursuant to any provision of this code unless such decision has been first taken up with the department head concerned and with the city manager, and each such official has not adjusted the matter to the appellant's satisfaction. Decisions of the director of community development are appealable to the planning commission without being processed through the city manager. In such a case, the party appealing the community development director's decision shall follow the notice and time limits set forth in this chapter.
C. 
No right of appeal to the council from any administrative decision made by an official of the city pursuant to any provision of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment, whether the administrative decision involves the denial, conditional approval, suspension, or revocation of a permit, license, approval, or any other administrative decision. There shall be no such right of appeal with regard to law enforcement activities involving state law.
(Prior code § 2.04.100)
A. 
A written notice of appeal must be filed by an aggrieved party within 20 days after the date of the city's notice of decision from which the appeal is sought. No notice of appeal shall be acted upon, after the 20 day period and it shall be the duty of the city clerk to reject as untimely any such appeal. If a notice of decision has not been served upon the aggrieved party in writing, the aggrieved party may, within ten days after having knowledge of such determination, demand service of written notice thereof, and shall have 20 days following such service in which to file the notice of appeal.
B. 
The notice of appeal shall set forth the following:
1. 
The specific action appealed from;
2. 
The specific grounds for the appeal; and
3. 
The relief or action requested from the city council. Any notice of appeal not containing the information required by this section shall be returned to the aggrieved party, hereinafter the "appellant," by the city clerk with a statement specifying those parts of the notice of appeal that are incomplete and indicating the manner in which they can be made complete. The appellant shall thereafter be allowed five days in which to perfect and refile the notice of appeal.
C. 
Except in those instances where an appeal is filed by the city manager or other public official pursuant to official duties, the written notice of appeal from the determination of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by an appeal fee established by resolution of the city council.
(Prior code § 2.04.110)
A. 
Upon the timely filing of a notice of appeal in proper form, and together with the payment of the requisite appeal fee, the city clerk shall set the appeal for hearing before the city council at the earliest possible date authorized by law and shall cause written notice of the appeal, including the time, place, and date of the hearing on the appeal, to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The city clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body upon whose decision the appeal was filed.
B. 
If two or more members of the city council file with the city clerk, within the time limitations set forth in Section 1.24.020(A) of this chapter, written requests to have any decision of the planning commission submitted to the city council for review, the city clerk shall schedule the matter for council consideration at the earliest possible date authorized by law. The filing of any such written requests shall be tantamount to an appeal brought pursuant to this subsection. An appeal brought pursuant to this subsection shall not require payment of the appeal fee as set forth in Section 1.24.020(C) of this chapter.
(Prior code § 2.04.120)
A. 
The city council may limit participation at the hearing to those parties directly interested, or may allow participation by the public. Such public participation, however, shall only occur when the council deems the same necessary to further the public interest. If a hearing is ordered open to public participation, notice thereof shall be given by publishing notice of the same in a newspaper of general circulation in the city not less than five days prior to the date of such hearing, and by such other means as the city council deems necessary.
B. 
At the time of consideration of the appeal by the city council, the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in the notice of appeal. Appellant shall have the burden of establishing cause why the decision appealed from should be altered, reversed, or modified. The council may continue the hearing on the matter from time to time to a date certain. At the conclusion of its consideration the city council may affirm, reverse, or modify the decision appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose decision the appeal was filed. In ruling on the appeal, the finding and action of the council shall be final and conclusive in the matter.
C. 
Within five days after city council action on the appeal, the city clerk shall cause to be served by first-class mail a written notice of decision on the appellant. The notice of decision shall be substantially in the following form:
CITY OF BUELLTON NOTICE OF DECISION OF APPEAL
Notice is hereby given that the City [Council, Commission, etc.] has [action taken] on the appeal filed by [_____Party_____]. City [Council, Commission, etc.] action on this matter is now final.
If you wish to challenge this decision in court, PLEASE BE ADVISED that you may be limited to the statute of limitations period set forth in Chapter 1.24 of the Buellton Municipal Code. This statute of limitations may be as short as 90 days from the date of this Notice.
Dated:
[City Clerk or other responsible officer)
(Prior code § 2.04.130)
A. 
As used in this chapter, the following terms shall have the meanings as set forth below:
"Decision"
means a decision subject to review pursuant to Section 1094.5 of the Code of Civil Procedure, suspending, demoting, or dismissing an officer or employee; revoking or denying an application for a permit, license, or other entitlement; or denying an application for any retirement benefit or allowance.
"Party"
means an officer or employee who has been suspended, demoted, or dismissed; a person whose permit, license, or other entitlement has been revoked or suspended, or whose application for a permit, license, or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied.
B. 
Judicial review of any decision of the city, its city council, or any commission, board, officer, or agent thereof, may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate pursuant to the section is filed within the time limits specified in this chapter.
C. 
Any such petition for a matter not involving a specific application or grievance shall be filed not later than the ninetieth day following the date on which the decision became final. Whenever a decision is made on a specific application, grievance, or property, any such petition shall be filed not later than the ninetieth day following the date of the notice to the applicant, person aggrieved, or property owner of the decision of the city, its council, or any board, commission, officer, or employee thereof. Where there is no provision for reconsideration of the decision in any applicable provision of any statute, charter, or rule, for the purposes of this section the decision is final on the date it is made, or on the date of the notice of the decision to the applicant, grievant, or property owner. Where there is a specific provision for reconsideration, the decision is final for the purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided that, if reconsideration is sought pursuant to any such provision, the decision is final for the purposes of this section on the date that reconsideration is rejected. In making a final decision, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this section.
D. 
The complete record of the proceedings shall be prepared by the city or its commissions, boards, officers, or agents which made the decision. Upon written request, the record shall be delivered to the petitioner within 190 days after filing of the written request therefor. The city is authorized to recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include a transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, a final decision, all admitted exhibits in the possession of the city, or its commissions, boards, officers, or agents, all written evidence, and any other papers in the case.
E. 
If the petitioner files a request for a record as specified in subsection C of this section, within ten days after the date the decision becomes final as provided above in subsection B of this section, the time within which a petition pursuant to Section 1094.5 of the Code of Civil Procedure may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or his or her attorney of record, if he/she has one.
F. 
The provisions of this section comply with requirements established by Section 1094.6 of the Code of Civil Procedure and prevails over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply.
(Prior code § 2.50.010; Ord. 95-03 § 2, 1995)
A. 
Any action or proceeding to attack, review, set aside, void, or annul any decision of matters listed in Section 65901 and 65903 of the California Government Code of the state of California, or concerning any of the proceedings, acts, or determinations taken, done, or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within 90 days after the date of the notice of the legislative body's decision and the legislative body is served within 120 days after the notice of the legislative body's decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity of any unreasonableness of that decision or of these proceedings, acts, or determinations.
B. 
The provisions of this section comply with the requirements established by Section 65907 of the Government Code of the state of California.
(Prior code § 2.50.020)
A. 
In an action or proceeding to attack, review, set aside, void, or annul a finding, determination, or decision of the city made pursuant to Section 1.20.010 of the Buellton Municipal Code at a properly noticed public hearing, the issues raised shall be limited to those issues raised in the public hearing or in written correspondence delivered to the city prior to, or at the public hearing, except where the court finds either of the following:
1. 
The issue could not have been raised at the public hearing by persons exercising reasonable diligence; or
2. 
The body conducting the public hearing prevented the issue from being raised at the public hearing.
B. 
The city clerk shall include in any public notice issued pursuant to Section 1.20.010, a notice substantially stating all of the following:
If you wish to challenge the (nature of the proposed action) in court, you will be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the city clerk at, or prior to, the public hearing.
C. 
The application of this subsection to causes of action brought pursuant to subsection E of this section applies only to the final action taken in response to the notice to the city clerk. If no final action is taken, then the issue raised in the cause of action brought pursuant to subsection E shall be limited to those matters presented at properly noticed public hearing or to those matters specified in the notice given to the city clerk pursuant to subsection E, or both.
D. 
Except as provided in Section 1.24.050 of this code and subsection E, no action or proceeding shall be maintained in any of the following cases by any person unless the action or proceeding is commenced and service made on the legislative body 120 days after the date of the notice of the legislative body's decision:
1. 
To attack, review, set aside, void, or annul the decision of the city council (or planning commission as appropriate) to adopt or amend a general or specific plan. This subdivision does not apply where an action is brought based upon the complete absence of a general plan or a mandatory element thereof, but does apply to an action attacking a general plan or mandatory element thereof on the basis that it is inadequate.
2. 
To attack, review, set aside, void, or annul the decision of the city council to adopt or amend a zoning ordinance.
3. 
To determine the reasonableness, legality, or validity of any decision to adopt or amend any regulation attached to a specific plan.
4. 
Concerning any of the proceedings, acts, or determinations taken, done, or made prior to any of the decisions listed in subdivisions (1), (2) and (3) of this subsection.
E. 
An action or proceeding shall be commenced and the legislative body served within two years after the accrual of the cause of action as provided in this subdivision, if the action or proceeding meets both of the following requirements:
1. 
It is brought in support of the development of housing projects which meet the requirements for housing for persons and families with low or moderate incomes set forth in Section 65915 of the Government Code; and
2. 
It is brought with respect to actions taken pursuant to Article 10.6 (commencing with Section 65580) of the Government Code, Chapter 3 of that Division, pursuant to Section 65589.5, 65863.6, 65915, or 66474.2 or pursuant to Chapter 4.2 (commencing with Section 65913 of the Government Code). A cause of action brought pursuant to this subdivision shall not be maintained until 60 days have expired following notice to the city clerk by the party bringing the cause of action, or his or her representative, specifying the deficiencies of the general plan, specific plan, or zoning ordinance. A cause of action brought pursuant to this subdivision shall accrue 60 days after notice is filed before the legislative body takes a final action in response to the notice, whichever occurs first. A notice or cause of action brought by one party pursuant to this subdivision shall not bar filing of a notice and initiation of a cause of action by any other party.
F. 
Upon the expiration of time limits provided in this section, all persons are barred from any further action or proceeding.
G. 
The provisions of this section comply with the requirements established by Section 65009 of the Government Code of the state of California.
(Prior code § 2.50.030)
A. 
No action, inaction, or recommendation by the city, or its city council, or any board or commission, or any of its administrative agencies or officials, on any matter shall be held invalid or set aside by any court of competent jurisdiction on the ground of improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission (hereafter, "error") as to any matter pertaining to applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedures, unless the court finds that the error was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if the error is shown.
B. 
This section satisfies and complies with the requirements of Section 65010 of the Government Code of the state of California.
(Prior code § 2.50.040)