The intent and purpose of this chapter is to establish provisions
and regulations for any person aggrieved by the decisions of the city
planner or the planning commission to appeal said decisions.
(Prior code § 9111.01; Ord. 855 § 3, 1994)
Any interested person who is not satisfied with or who is aggrieved
by the decisions made relative to the administration and enforcement
of this title, may file an appeal in the manner as hereinafter set
forth in this chapter.
(Prior code § 9111.02; Ord. 855 § 3, 1994)
Any person dissatisfied with the actions and decisions of the
city planner resulting from the administration of this title wherein
the city planner is vested with the authority therefor, may file an
appeal therefrom with the planning commission at any time not more
than ten days after the decision of the city planner has been rendered.
Said appeal shall be made in the following manner:
A. Application
and Fees. Any person appealing the decision of the city planner shall
file with the city planner an application therefor on forms prescribed
thereby, accompanied by an application filing fee as set forth in
the city's adopted fee schedule. The application shall set forth and
include any information as the city planner may require. Upon the
filing of a verified application, the city planner shall transmit
the application forthwith to the planning commission, and the planning
commission shall investigate, examine, review, hear testimony from
and on behalf of the applicant, and render its findings and decisions
on the matter.
B. The planning commission shall hold a noticed public hearing on the appeal within thirty days after the filing of the appeal. Notice of the public hearing shall be given as provided in Section
17.16.040 of this code.
C. Announcement
of Planning Commission Decision. The planning commission shall announce
its decisions by formal written resolution within seven days after
conclusion of its public hearing on the matter. The resolution shall
recite and set forth, among other things, the facts, reasons and determinations
which, in the opinion of the planning commission make upholding, reversing
or modifying the actions and decisions of the city planner or planning
commission considered necessary to assure that due process and justice
has been done, and shall uphold, reverse or modify same. The planning
commission shall forthwith give the applicant, city planner or division
or land committee and/or any other person having a vested interest
therein, written notice of its actions and decisions together with
a copy of said resolution. The actions and decisions of the planning
commission shall be final and conclusive.
(Prior code § 9111.03; Ord. 855 § 3, 1994)
Any person dissatisfied with the actions and decisions of the
planning commission rendered on a tentative parcel map or notice of
violation may file an appeal therefrom with the city council at any
time not more than ten days after the decision of the planning commission
has been rendered. The appeal shall be made in the following manner:
A. Application
and Fees. Any person appealing the decision of the planning commission
shall file with the city clerk an application therefor on forms prescribed
thereby, accompanied by an application filing fee as set forth in
the city's adopted fee schedule. The application shall set forth and
include any information as the city clerk may require. Upon the filing
of a verified application, the city clerk shall transmit the application
forthwith to the city council, and the city council shall investigate,
examine, review, hear testimony from and on behalf of the applicant,
and render its findings and decisions on the matter.
B. The city council shall hold a noticed public hearing on the appeal within thirty days after the filing of the appeal. Notice of the public hearing shall be given as provided in Section
17.40.060 of this code.
C. Announcement
of City Council Decision. The city council shall announce its decision
by formal written resolution within seven days after conclusion of
its public hearing on the matter. The resolution shall recite and
set forth, among other things, the facts, reasons and determinations
which, in the opinion of the city council, make upholding, reversing
or modifying the actions and decisions of the planning commission
considered necessary to assure that due process and justice has been
done, and shall uphold, reverse or modify same. The city council shall
forthwith give the applicant, planning commission and/or any other
person having a vested interest therein, written notice of its actions
and decisions together with a copy of the resolution.
(Prior code § 9111.05; Ord. 855 § 3, 1994)
Upon the rendering of any action on an appeal matter, the actions
and decisions of the city council shall be final and conclusive.
(Prior code § 9111.06; Ord. 855 § 3, 1994)