Chapter 1.20
APPEALS PROCEDURE

Sections:

1.20.010    Title.

1.20.020    Right to appeal.

1.20.030    Time within which to file an appeal.

1.20.040    Hearing—Notice.

1.20.050    Hearing—Appellant to show cause—Council’s determination final.

1.20.060    Prompt judicial review.

1.20.010 Title.

This chapter shall be known as the “Appeals Procedure” for the city. (Prior code § 1400)

1.20.020 Right to appeal.

A. Except where an appeals procedure is otherwise specifically set forth in this code, any person objecting to the approval, denial, suspension or revocation of a license, permit or entitlement of any nature, the determination or issuance of which is under any of the provisions of this code, or to any administrative decision made by any city official, if the approval, denial, suspension or revocation of such license, permit or entitlement or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised under any of the provisions of this code, may appeal in writing to the council by filing with the city clerk a written notice of such appeal, stating the specific grounds for the appeal.

B. No appeal may be taken to any such administrative decision made by a city official under the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned, and where an appeals board is empowered to consider interpretation and enforcement questions, unless such decision to appeal has been considered by such appeals board.

C. No right of appeal to the council from any administrative decision made by a city official under any of the provisions of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised under any of the provisions of this code, whether the administrative decision involves the approval, denial, suspension or revocation of a license, permit, entitlement or any other administrative decision.

D. No right of appeal to the council from any administrative decision made by a city official under the provisions of Chapter 1.24 relating to administrative citations and review of administrative citations shall exist. (Ord. 1625 § 2, 2015; Ord. 1044 § 1, 1985: prior code § 1401)

1.20.030 Time within which to file an appeal.

The appellant shall file a notice of appeal with the city clerk within ten calendar days after the date upon which the administrative decision appealed from is made. In the event the last day of the filing period falls on a nonbusiness day, the appeal period shall be extended to include the next business day, and this rule shall apply whenever an appeal procedure is specifically set forth elsewhere in this code. (Prior code § 1402)

1.20.040 Hearing—Notice.

Upon receipt of the filing of the notice of appeal in its proper form, the city clerk shall place the matter on the council agenda. Except in cases of emergency, when the council may determine the matter immediately, or where state law prescribes a different appeal process, the clerk shall set the matter for hearing at the next reasonably available council meeting, but in no event later than forty-five calendar days after the date of the filing of such notice of appeal with the city clerk. The city clerk shall cause written notice of such hearing to be given to the applicant not less than five business days prior to such hearing, unless such notice is waived in writing by the applicant. (Ord. 1252 § 1, 1994: prior code § 1403)

1.20.050 Hearing—Appellant to show cause—Council’s determination final.

At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action appealed from should not be approved. The council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter. (Prior code § 1404)

1.20.060 Prompt judicial review.

Any interested party may seek judicial review of a final city decision regarding the issuance, revocation, suspension, or denial of a permit or license for an activity protected by the First Amendment of the United States Constitution in accordance with the terms and procedures provided by California Code of Civil Procedure Section 1094.8. (Ord. 1415 § 1, 2002)