Chapter 16.86
APPEALS

Sections:

16.86.010    Generally.

16.86.015    Subdivision map approvals.

16.86.020    Method.

16.86.023    Appeals by planning commission and planning commissioners.

16.86.025    Appeals by council and councilmembers.

16.86.030    Planning commission action.

16.86.040    Council action.

16.86.050    Extension of time.

16.86.010 Generally.

Any person may appeal to the City Council any order, requirement, decision or determination of the planning commission in the manner provided by this chapter. As used in this chapter, "planning commission" or "commission" includes the planning commission. (Ord. 879 § 2, 1996: Ord. 803 § 3, 1990; Prior code § 30.1101).

16.86.015 Subdivision map approvals.

Appeals regarding tentative maps, including tentative parcel maps, must be filed within ten (10) days after the final action of the planning commission, the hearing on the appeal must be heard not later than thirty (30) days after the filing of the appeal, and the decision of the City Council must be made within seven (7) days following the conclusion of the hearing. (Ord. 761 § 4 (part), 1988).

16.86.020 Method.

The provisions of Section 16.86.015 shall be controlling with respect to all appeals regarding tentative subdivision or parcel maps. Appeals shall be made in writing and filed with the city clerk within fifteen (15) days after the final action of the planning commission. The appeal shall be accompanied by a fee, as set by the City Council, and shall clearly state the reason for the appeal. Upon receipt of such appeal, the city clerk shall notify the planning commission and shall set a time, which insofar as practicable shall be within forty-five (45) days after the receipt of such appeal, for a public hearing on such appeal. Notice of such hearing shall be given as set forth in Chapter 16.84. (Ord. 761 § 4 (part), 1988; Ord. 738 § 1(b), 1986: Ord. 706 § 1(b), 1985: Prior code § 30.1102).

16.86.023 Appeals by planning commission and planning commissioners.

The planning commission may take an appeal from any final administrative action by passing a motion to that effect within fifteen (15) days after the action or as hereafter provided in this section. Any planning commissioner may file an appeal with the director of community development within the fifteen (15) day period without the payment of an appeal fee, and the question of whether such appeal shall be a commission appeal shall be determined by the planning commission as soon as practicable at a regular commission meeting. This determination need not be made within the fifteen (15) day period. If the planning commission determines not to take the appeal, the commissioner who filed the appeal shall have two (2) days thereafter in which to deposit the appeal fee. Otherwise the appeal shall be dismissed. An appeal fee deposited by a commissioner shall be refunded to such commissioner if the appeal is successful in whole or in part. An appeal shall be considered successful if there is any modification of the final administrative action. (Ord. 906 § 2, 2001).

16.86.025 Appeals by council and council-members.

The City Council may take an appeal from any final action of the planning commission by passing a motion to that effect within fifteen (15) days after the action of the planning commission or as hereafter provided in this section. Any councilmember may file an appeal with the city clerk within the fifteen (15)-day period without the payment of an appeal fee, and the question of whether such appeal shall be a council appeal shall be determined by the City Council as soon as practicable at a regular council meeting. This determination need not be made within the fifteen-day period. If the City Council determines not to take the appeal, the councilmember who filed the appeal shall have two days thereafter in which to deposit the appeal fee. Otherwise the appeal shall be dismissed. An appeal fee deposited by a councilmember shall be refunded to such councilmember if the appeal is successful in whole or in part. An appeal shall be considered successful if there is any modification of the final action of the planning commission. (Ord. 747 § 1, 1987: Ord. 738 § 1(c), 1986: Ord. 706 § 1(a), 1985).

16.86.030 Planning commission action.

The planning commission, upon receipt of the notice of appeal, shall prepare a report of the facts pertaining to the decision of the planning commission and shall submit such report to the City Council along with the reasons for the commission’s action. (Prior code § 30.1103).

16.86.040 Council action.

At the close of the public hearing, the City Council may affirm, reverse, or modify the decision of the planning commission. If the council does not take any action on the appeal within seventy-five days after the filing thereof, the planning commission’s action shall be deemed affirmed. To reverse or modify the planning commission’s decision shall require the affirmative vote of three-fifths of the City Council. (Ord. 738 § 1(d), 1986: Prior code § 30.1104).

16.86.050 Extension of time.

If the last day for filing an appeal or depositing an appeal fee falls on a Saturday, Sunday, or municipal holiday, the period of time for such filing or deposit shall be extended to include one additional day which is not a Saturday, Sunday, or holiday. (Ord. 747 § 2, 1987).