Any interested party is eligible to file an appeal on any zoning matter which is subject to appeal. (See California Government Code Section 65856.)
(Ord. 1754, 6/24/2025)
An appeal must be filed within ten working days after the date of action by the Planning Commission or within ten working days after the date of decision by the Zoning Administrator or Director.
(Ord. 1754, 6/24/2025)
A.
All appeals on zoning matters shall be filed with the City Clerk together with any required appeal fee as set forth in the current schedule of fees adopted pursuant to Section 19.108.050. The City Clerk shall cause the date and time of receipt of each appeal to be endorsed thereon.
B.
If the information included with an appeal is found by the City Clerk to be deficient, the City Clerk shall notify the appellant by U.S. certified mail as to the particulars of the deficiencies. If such deficiencies are not corrected within ten working days of such notice, the appeal shall be deemed withdrawn.
(Ord. 1754, 6/24/2025)
Upon acceptance of an appeal, the City Clerk shall notify the Director, and the Director shall transmit to the appellate body a summary of factual data and a record of the action taken on the matter being appealed. Such information shall be before the appellate body prior to its consideration of the appeal.
(Ord. 1754, 6/24/2025)
Each appeal shall be considered de novo. Insofar as applicable and unless otherwise provided in this Title 19, the appellate body shall follow the same procedure and apply the same criteria as prescribed for the original proceeding on a matter. When an appeal hearing is required or held, notice shall be given in the same manner as prescribed for hearing in the original proceeding; or, if no previous hearing was required, in such manner as deemed appropriate by the appellate body.
(Ord. 1754, 6/24/2025)
An appellate body may affirm, modify, or reverse the decision appealed from. If the previous decision is not affirmed, the appellate decision shall be supported by written findings.
(Ord. 1754, 6/24/2025)
A.
Planning Commission actions may be reviewed by the City Council in the event that any member of the City Council believes that the action has City-wide importance and should be reviewed and determined by the elected officials of the City.
B.
Within ten working days after the date of action by the Planning Commission, any member of the City Council may request that an action by the Planning Commission be reviewed by the City Council The Planning Commission decision will be stayed until the City Council completes its proceedings in accordance with the provisions of this section.
C.
The City Clerk shall set the review hearing within forty days from the date a member of the City Council requests that the Planning Commission action be reviewed.
D.
The review hearing shall be conducted as a de novo hearing and shall follow the same procedure and apply the same criteria as prescribed for the original proceeding on the matter. Notice of the review hearing shall be given in the same manner as prescribed for the hearing in the original proceeding, or, if no previous hearing was required, in such manner as deemed appropriate by the City Council.
E.
The City Council may act to uphold, overturn, or otherwise modify the Planning Commission's action on the proposal, or the City Council may remand the matter back to the Planning Commission for further review and direction.
F.
The decision of the City Council, supported by findings, shall be set forth in full in a resolution. A copy of the decision shall be sent to the applicant in the matter reviewed. The action of the City Council shall be final and conclusive.
(Ord. 1754, 6/24/2025)
Any irregularity in any procedure set forth in this Title 19 shall not invalidate the proceeding if there is compliance with the minimum requirements of state law.
(Ord. 1754, 6/24/2025)