Chapter 16.13
APPEALS
Sections:
16.13.020 Appeals by city councilmembers.
16.13.040 Appeals – Transmittal of record.
16.13.050 Appeals – Stays proceedings.
16.13.060 Appeals – Action by planning commission.
16.13.070 Appeals – Action by city council.
16.13.080 Appeals – Failure to act.
16.13.010 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. 510 § 2, 2007)
16.13.020 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. 510 § 2, 2007)
16.13.030 Appeals period.
An appeal will be valid only if a notice of appeal is filed with the city planner or city clerk, as appropriate, within 10 days from the date of the action or decision that is being appealed. (Ord. 510 § 2, 2007)
16.13.040 Appeals – Transmittal of record.
Upon receipt of a timely filed notice of appeal, the city planner or city clerk shall transmit a copy of all documents constituting the record upon which the appealed action or decision was taken to the planning commission or city council, as appropriate. (Ord. 510 § 2, 2007)
16.13.050 Appeals – Stays proceedings.
The filing of an appeal shall suspend the action or decision of the city planner or planning commission as appropriate, and all proceedings shall be stayed. (Ord. 510 § 2, 2007)
16.13.060 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 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. The planning commission's decision may be appealed to the city council pursuant to this chapter. (Ord. 510 § 2, 2007)
16.13.070 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. 510 § 2, 2007)
16.13.080 Appeals – Failure to act.
If the planning commission or city council fails to act upon an appeal within 30 days after the date that a notice of appeal is filed, the decision or action appealed shall be deemed affirmed. If no further administrative appeal is, or can be, taken, the decision or action appealed, insofar as it complies with applicable requirements of the Subdivision Map Act and this title, shall be deemed approved or conditionally approved as last approved or conditionally approved. The city clerk shall certify such approval or conditional approval. (Ord. 510 § 2, 2007)
16.13.090 Hearings.
Whenever an appeals hearing is held by the planning commission or the city council in accordance with the provision of this chapter, the regulations hereinafter set forth shall govern unless otherwise provided. (Ord. 510 § 2, 2007)
16.13.100 Hearings – Date.
The date for any public hearing required by this chapter shall be held within a reasonable time but not to exceed 30 days after receipt of the application and all necessary documents pertaining hereto. The appellant shall be notified, in writing, of the date, time and place of any such hearing. (Ord. 510 § 2, 2007)
16.13.110 Hearings – Notice.
Notice of the date, 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 10 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 10 days prior to such hearing on the property and within 300 feet along streets upon which the subject property abuts. In addition, mailed notice shall be sent at least 10 days prior to the date of hearing to the owners of property within 300 feet of the subject property, 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. 510 § 2, 2007)