Chapter 17.59
APPEALS
Sections:
17.59.020 Appeals by city councilmembers.
17.59.040 Appeals – Content of notice.
17.59.060 Appeals – Transmittal of record.
17.59.070 Appeal – Stays proceedings.
17.59.080 Appeals – Action by planning commission.
17.59.090 Appeals – Action by city council.
17.59.100 Appeals – Abandonment.
17.59.010 Appeals.
Any person disagreeing with a decision made by the city planner or planning commission involving the application of this title may appeal the decision to the planning commission or city council as appropriate. Whenever provision for an appeal is made in this title, the appeal may be taken by any person aggrieved with the decision appealed from, and the following regulations shall apply. (Ord. 495 § 1, 2005)
17.59.020 Appeals by city councilmembers.
A member of the city council may appeal an action of either the city planner or planning commission. If an appeal is made by a councilmember, there shall be a presumption applied that the reason for the appeal is because the appealed action has significant and material effects on the quality of life in the City of Escalon. The basis of the appeal need not be stated in the councilmember's written appeal. No inference of bias shall be raised by virtue of such an appeal, and the appealing councilmember may participate and vote on the appealed matter if not otherwise disqualified. (Ord. 495 § 1, 2005)
17.59.030 Appeal period.
An appeal will be valid only if a notice of appeal is filed with the planning commission or city council as appropriate within 10 business days from the date of the action or administration decision appealed. (Ord. 495 § 1, 2005)
17.59.040 Appeals – Content of notice.
Every notice of appeal shall be in writing and shall be filed in duplicate with the city council or planning commission and the city planner. (Ord. 495 § 1, 2005)
17.59.050 Appeals – Fee.
Every person filing an appeal shall pay the city such fee as shall be established, and from time to time may be amended, by resolution of the city council. (Ord. 495 § 1, 2005)
17.59.060 Appeals – Transmittal of record.
Upon receipt of a timely filed notice of appeal, the city planner shall transmit a copy of all documents constituting the record upon which the appealed action or decision was taken to the appeal body. (Ord. 495 § 1, 2005)
17.59.070 Appeal – Stays proceedings.
The filing of an appeal shall wholly vacate the action or decision of the city planner or planning commission as appropriate, and all proceedings shall be stayed. (Ord. 495 § 1, 2005)
17.59.080 Appeals – Action by planning commission.
The planning commission shall hear and decide appeals from any action of the city planner and may affirm or reverse the action, in whole or in part. The hearing process for such appeals shall be the same as for appeals to the city council as described in this chapter. The planning commission shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper. (Ord. 495 § 1, 2005)
17.59.090 Appeals – Action by city council.
The city council shall hear and decide appeals from any action of the planning commission and may affirm or reverse the action, in whole or in part. The city council shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper. (Ord. 495 § 1, 2005)
17.59.100 Appeals – Abandonment.
Any appeal not brought to hearing within a period of 90 days from the date that a notice of appeal is filed shall be deemed abandoned, and proceedings shall be terminated as of the date such period shall expire unless the deciding body approves a later hearing date in public session. (Ord. 495 § 1, 2005)
17.59.110 Hearings.
Whenever a hearing is held by a deciding body in accordance with the provision of this chapter, the regulations hereinafter set forth shall govern unless otherwise provided. (Ord. 495 § 1, 2005)
17.59.120 Hearings – Date.
The date for any public hearing required by this chapter shall be held within a reasonable time but not in excess of 30 days after receipt of the application and all necessary documents pertaining hereto. The appellant shall be notified, in writing, of the date and place of any such hearing. (Ord. 495 § 1, 2005)
17.59.130 Hearings – Notice.
Notice of time, place, and purpose of any hearing held in accordance with the provisions of this chapter shall, unless otherwise provided, be given by publishing in a newspaper of general circulation in the city at least five days prior to such hearing. For hearings directly relating to an identifiable property or area, notice shall also be given by posting at least three public notices thereof at least five days prior to such hearing on the property and within 300 feet along streets upon which the subject property abuts and by mailing notice at least five days prior to the date of hearing to the owners of property within 300 feet along the streets upon which the subject property abuts, using for this purpose the names and addresses which appear on the last equalized assessment roll for taxes. No proceeding in connection with the hearing shall be invalidated by failure to send such notices where the address of the owner is not a matter of public record or to post public notices or by the failure of any of the aforesaid individuals to receive any notice. (Ord. 495 § 1, 2005)