This chapter establishes procedures for the appeal of determinations and decisions rendered by the Commission and Director, and for calls for review.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A.
Administrative Permits and Actions. Administrative permits and actions, as defined in Section 25.60.020.A (Administrative Permits and Actions), may be appealed or called for review to the Commission pursuant to Chapter 25.60 (General Provisions).
B.
Quasi-Judicial Permits and Actions. Quasi-judicial permits and actions, as defined in Section 25.60.020.B (Quasi-Judicial Permits and Actions), may be appealed to the Council.
C.
Legislative Actions. When the Commission recommends denial of an application to amend the Zoning Code, Zoning Map, or General Plan, such action is automatically forwarded to the Council for action; no appeal is required.
D.
Enforcement Actions. Appeal of enforcement actions relating to violations of this Title 25 shall follow the procedures found in Title 1 of the Burlingame Municipal Code.
(Ord. 2000, 2021; Ord. 2046, 3/2/2026)
A.
Eligibility.
1.
Who May Appeal. An appeal or call for review in compliance with this chapter may be filed by any aggrieved person, except that in the case of a decision on a quasi-judicial permit or action, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of his/her concerns before the hearing.
2.
Call for Review on Administrative Permits.
a.
Any person may request a call for review by the Planning Commission for any administrative permit application pursuant to Article 6. Such call for review shall be provided in writing and shall be accompanied by payment of any required fee.
3.
Appeal by Commissioners and Councilmembers.
a.
Any Commissioner may initiate an appeal of a Director's determination or decision by filing a written request with the Department before the effective date of the action.
b.
Any Council member may initiate an appeal of a Commission's or Director's determination or decision by filing a written request with the City Clerk before the effective date of the action.
c.
No fees are required.
d.
When an item is appealed by a Councilmember or Commissioner, the Councilmember or Commissioner who filed the written request shall act as the appellant in the appeal hearing and shall not render a decision on the item under review or count toward the quorum for purposes of the appeal.
4.
Limitations on Denial by the Commission. If an application has been denied by the Commission, or if an application or a portion thereof is approved, an appeal may be made by the applicant or any interested person.
B.
Timing and Form of Appeal or Call for Review.
1.
Contents of Appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal. The pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous Review Authority in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record.
2.
Contents of Call for Review. A Call for Review shall be submitted in writing to the Community Development Department requesting a public hearing.
3.
Appeal to Be Filed Within 10 Days. An appeal shall be filed with the Department or City Clerk, as applicable, within 10 calendar days following the actual date the decision was rendered. If the 10th day is a holiday, the appeal period shall be extended to the next business day.
4.
Call for Review to Be Filed Within 10 Days. A call for review of a proposed Director action shall be filed with the Department within 10 calendar days of the date stated on the notice. If the 10th day is a holiday, the appeal period shall be extended to the next business day.
5.
Filing Fee. The appeal or call for review shall be accompanied by the filing fee identified in the planning fee schedule, except for appeals filed by a member of the Commission or Council. The filing fee shall not be refundable following the end of the time period in which an appeal may be filed.
6.
Suspension of Action. Once an appeal or call for review is filed, any action on the associated project is suspended until the appeal or call for review is processed and a final decision is rendered by the applicable Review Authority.
7.
Withdrawal of an Appeal or Call for Review. Any person who has filed an appeal or call for review may withdraw such appeal or call for review prior to the posting of the meeting agenda. If the item has been scheduled for public hearing, the Commission or Council must place the item on the agenda for consideration.
C.
Scheduling of Hearing.
1.
When an appeal or call for review has been filed, the Director shall schedule the matter for a public hearing by the appropriate Review Authority identified in Table 6-1 (Review Authority) within 45 days of the filing of the appeal or call for review.
2.
Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 25.100 (Public Hearings and Notice).
3.
Any interested party may appear and be heard regarding the appeal or call for review.
D.
Decision.
1.
The appeal hearing shall be de novo, and the issues that may be raised and considered by the Review Authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed.
2.
The Review Authority may:
a.
Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this title; or
b.
Adopt additional conditions of approval which may address issues or concerns related to and/or other than the subject of the appeal.
3.
If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director or Commission, as applicable, for further consideration.
4.
In the event of a tie vote by the Review Authority on an appeal, the decision being appealed shall stand.
5.
Provision of Notice of Decision.
a.
Following the final decision on an application for a permit or other approval required by this title, the City shall provide notice of its final decision to the appellant, applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.
b.
The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.
E.
Effect of Decision.
1.
The determination and order of the Commission or, if an appeal is heard under the foregoing provisions, the determination and order of the Council, is final and conclusive upon the applicant.
2.
No same or similar application with reference to the same premises shall be filed for a period of one year from the date of the order.
(Ord. 200, 2021; Ord. 2035, 12/16/2024; Ord. 2046, 3/2/2026)