Chapter 18.132
APPEALS

Sections:

18.132.010    General.

18.132.020    Appeal to Commission.

18.132.030    Action by the Commission.

18.132.040    Appeal to the Council.

18.132.050    Review by Council.

18.132.060    Hearings, publication and notice on appeals to Council.

18.132.070    Action by Council.

18.132.080    Effect.

18.132.010 General.

An appeal may be made directly to the Planning Commission by any person aggrieved or affected by any decision of the Zoning Administrator or Planning Director. Such appeal shall be made within ten days from the date of such decision, and shall be in writing and filed with the City Clerk. (Ord. 1319 § 53, 2003: Ord. 977 § 1 Ex. A (part), 1987)

18.132.020 Appeal to Commission.

A.    Upon acceptance of an appeal to the Commission, the Planning Department shall forthwith transmit to the Commission all papers constituting the record upon which the action appealed from was made.

B.    An appeal stays all proceedings in furtherance of the action appealed unless the Architectural Committee Chairman certifies to the Commission, after the notice of appeal shall have been filed with him, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall be stayed only upon a restraining order granted by the Commission upon application or upon notice to the Architectural Committee Chairman or by a Court of Record. (Ord. 977 § 1 Ex. A (part), 1987)

18.132.030 Action by the Commission.

At the time the matter is heard, the Commission shall review all materials relating to such appeal and hear all persons interested in the subject matter. The matter may be continued to the next regular meeting of the Commission or from time to time. The Commission may affirm, modify, or reverse the decision from which the appeal is made. (Ord. 1319 § 54, 2003: Ord. 977 § 1 Ex. A (part), 1987)

18.132.040 Appeal to the Council.

A.    An appeal from any action, decision, ruling, judgment or order of the Commission or Zoning Administrator as set forth in this title may be taken by any person or persons aggrieved or affected. Such appeal shall be made within ten days from the date of such action and shall be in writing and filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or Zoning Administrator, or wherein its decision is not supported by the evidence in the record.

B.    An appeal to the Council from the Commission or Zoning Administrator stays all proceedings in furtherance of the action appealed from unless the Chairman of the Commission or Zoning Administrator certifies to the City Clerk, after notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay, in his opinion, would cause imminent peril to life or property. In such case, proceedings shall be stayed only upon a restraining order granted by the Council upon application or upon notice to the Zoning Administrator or the Chairman of the Commission by the mayor or the Council or by a Court of Record.

C.    No appeal application shall be accepted unless it is complete. Within five days of an appeal, the Planning Department shall transmit to the City Clerk all data filed in connection with the case and the minutes of the public hearing, the findings and the decision. In addition, the Commission or Zoning Administrator may transmit to the Council a report setting forth the facts and circumstances of the case. (Ord. 977 § 1 Ex. A (part), 1987)

18.132.050 Review by Council.

A.    Within ten days following the date of a decision of the Commission or Zoning Administrator, on its own motion, the Council may initiate proceedings to review the decision of the Commission.

B.    Within five days of the date of the action by the Council initiating review proceedings, the Planning Department shall transmit to the City Clerk all data filed in connection with the case, the minutes of the public hearing, the findings and decision on the case. In addition, the Commission or Zoning Administrator may transmit to the Council a report setting forth the facts and circumstances of the case. (Ord. 977 § 1 Ex. A (part), 1987)

18.132.060 Hearings, publication and notice on appeals to Council.

Upon receipt of an appeal or initiation of review proceedings by the Council on its own motion, the City Clerk shall fix a date and time for the public hearing of the appeal; such hearing shall be held within forty-five days of the date the appeal is filed or initiated by the Council. The City Clerk shall publish notice as required by the Government Code for public hearings, shall give notice to the applicant and to the appellant (if the applicant is not the appellant), and shall give notice to any other interested person who has filed with the City Clerk a written request for such notice of the date and time when the appeal will be considered by the Council. (Ord. 977 § 1 Ex. A (part), 1987)

18.132.070 Action by Council.

A.    The Council shall hold a public hearing on an appeal from a decision of the Commission or the Zoning Administrator or a review of proceedings upon its own initiation after notice hereof shall have been given as prescribed in this title.

B.    All evidence submitted at such hearing, except original public records or certified copies thereof, may be given under oath administered by the Mayor or the Vice-Mayor.

C. The Council may affirm, reverse or modify a decision of the Commission or Zoning Administrator; provided, that if a decision for denial is reversed or a decision to grant is modified, the Council shall, on the basis of the record transmitted by the Commission or Zoning Administrator and such additional evidence as may be submitted, make the findings prerequisite to the granting prescribed in this title. (Ord. 1319 § 55, 2003; Ord. 977 § 1 Ex. A (part), 1987)

18.132.080 Effect.

A.    A use permit or variance which has been the subject of an appeal to the Council or review by the Council shall become effective the day following the date on which the permit or variance is granted by the Council.

B.    The decision of the Council upon an appeal shall be final and conclusive. (Ord. 1319 § 56, 2003; Ord. 977 § 1 Ex. A (part), 1987)