Chapter 1.12
APPEAL HEARINGS
Sections:
1.12.030 Matter set for hearing and notification.
1.12.040 Material for hearing.
1.12.010 Scope.
An appeal seeking City Council review of a final, nonrecommending determination by a board, committee, commission (with the exception of the Civil Service Commission), or department subordinate to the City Council shall be made and processed in accordance with the provisions of this chapter. (Ord. 2042 § 1, 2014; Ord. 2025 § 2 (Exh. A), 2011)
1.12.020 Filing of an appeal.
A. To be sufficient for filing, the written appeal must be delivered to the City Clerk, together with any required fee, within 10 calendar days following the determination for which a review is sought. Further, the appeal must be legible and contain all information that the appellant desires to be considered at the appeal hearing and set forth at a minimum, the following:
1. The appellant’s full name, address, and phone number;
2. The board, commission, committee, or department which rendered the final determination;
3. The date of the determination;
4. The determination for which review is sought;
5. The appellant’s interest in the appealed determination; and
6. Each reason why the appellant is requesting a review including the grounds for the appeal and relevant code sections.
B. An incomplete appeal shall be returned to the appellant. Any revised appeal submitted after the 10-calendar-day period will be rejected. (Ord. 2025 § 2 (Exh. A), 2011)
1.12.030 Matter set for hearing and notification.
A. If the appeal is complete and filed in a timely manner, the City Clerk shall notify:
1. The “appellant” who filed the appeal;
2. The “real-party-in-interest,” if not the appellant, whose interest is affected by the action along with a copy of the written appeal material; and
3. The appropriate City department along with a copy of the written appeal material.
B. The City Clerk shall set the matter for consideration as a public hearing at the next available City Council meeting, or if agreed upon by the parties involved, i.e., the appellant, real-party-in-interest, and appropriate City department, a date as soon thereafter as is practical.
C. The appropriate City department shall provide notice of the public hearing for the appeal as required by the Government Code or other applicable law, and shall provide notice to any parties who received notice of the action by the subordinate authority. (Ord. 2025 § 2 (Exh. A), 2011)
1.12.040 Material for hearing.
A. In response to the notification received by the City Clerk, the real-party-in-interest shall submit all written documentation the party desires to be considered at the appeal hearing to the appropriate City department a minimum 15 days prior to the public hearing.
B. The appropriate City department shall prepare the staff report for the public hearing. The staff report may include, but not be limited to, the appeal material filed by the “appellant” at the time of the filing of the appeal; response material submitted by the “real-party-in-interest”; staff report, plans, and written information presented to and used by the decision-making body to render the decision which is the subject of the appeal; correspondence received; and any additional information the City department determines is appropriate to include in the staff report to assist the City Council in rendering a decision on the appeal. (Ord. 2025 § 2 (Exh. A), 2011)
1.12.050 Conduct of hearing.
A. The City Manager or the Manager’s designee shall present the staff report, analysis and facts relating to the nature of the appeal hearing.
B. The appellant shall have the right to present information and evidence regarding the nature of the appeal hearing under City Council consideration.
C. The real-party-in-interest, if not the appellant, shall have the right to present information and evidence regarding the merits of the appeal hearing under City Council consideration.
D. The public will be provided an opportunity to speak to the Council regarding the appeal and decision before the City Council.
E. Following public comment, the appellant, real-party-in-interest, and City staff shall have the right to present additional evidence in explanation or rebuttal of written or verbal comments presented at the hearing. (Ord. 2025 § 2 (Exh. A), 2011)
1.12.060 Determination.
After applying rules and regulations to the information presented at the hearing, the City Council shall by resolution make a final determination on the application which is the subject of the appeal hearing and affirm, modify, or overturn the decision made by subordinate entity’s determination. (Ord. 2025 § 2 (Exh. A), 2011)
1.12.070 Continuances.
Continuances or extensions of time may be granted by the City Council for good cause or upon agreement of all parties and the City Manager. (Ord. 2025 § 2 (Exh. A), 2011)
1.12.080 Judicial review.
Judicial review of any determination of the City Council on an appeal pursuant to this chapter may be had pursuant to Section 1094.5 of the California Code of Civil Procedure, but only if the petition for writ of mandate authorized by said section is filed no later than the ninetieth day following the date on which the decision becomes final. (Ord. 2025 § 2 (Exh. A), 2011)