Chapter 1.25
APPEALS
Sections:
1.25.020 Procedure for appeals.
1.25.030 Fee for filing appeal.
1.25.050 Setting of hearing date for appeal.
1.25.070 Decisions of city council.
1.25.010 Application.
Notwithstanding any other provision of the municipal code to the contrary, the provisions of this chapter shall apply to all decisions made pursuant to the provisions of the city of Half Moon Bay Municipal Code for which a right of appeal is expressly provided, except for:
A. Notices of violation pursuant to Chapter 1.16.
B. Decisions that are appealable pursuant to Chapter 18.20, Local Coastal Development Permits.
C. Decisions that are appealable pursuant to Chapter 13.52, Nondomestic Wastewater Source Control Program.
An aggrieved person may appeal in writing by complying with the requirements of this chapter, in addition to any requirements of the provision of the municipal code that authorizes the appeal. “Aggrieved person,” as used herein, shall mean a person excepting to the approval, denial, suspension or revocation of a permit pursuant to any of the provisions of this code, or to any administrative decision made by any official of the city, if the municipal code provides a right of appeal of the approval, denial, suspension or revocation of such permit or the determination of such administrative decision, and who, in person or through a representative, appeared in a public meeting held in conjunction with the decision on the action appealed, or who, by other appropriate means prior to a hearing, informed the city of the nature of his or her concerns, or who for good cause was unable to do either. No right of appeal from any administrative decision made by an official of the city pursuant to 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. (Ord. C-7-08 §1(part), 2008).
1.25.020 Procedure for appeals.
The applicant or an aggrieved person may appeal any final, appealable decision by filing with the city clerk a written notice of the appeal, accompanied by the applicable appeal fee, within ten calendar days of the date of said decision, or pursuant to the provisions of Title 18 in the case of coastal development permits. This time limit shall be strictly enforced.
A. Appeals from decisions of the community development director shall be considered by the planning commission.
B. Appeals from planning commission decisions shall be considered by the city council.
C. Appeals from any other decision shall be to the body specified in the municipal code section authorizing the appeal.
D. Any council member may appeal a decision under this chapter by filing a written request therefor with the city clerk within ten calendar days of the decision. The appeal shall be processed in accordance with the provisions of this chapter.
E. Notwithstanding any time limits otherwise prescribed in this section for appeal to the city council, the city council shall have until its next regularly scheduled meeting following such action or matter to decide whether to review such. The vote of three council members shall suffice to call an action or matter for review. At the time a matter or action is called for review, each council member voting for review shall make a brief statement of the grounds for his or her vote. (Ord. C-2019-03 §2(Exh. A)(part), 2019; Ord. C-2015-04 §1(part), 2015; Ord. C-7-08 §1(part), 2008).
1.25.030 Fee for filing appeal.
All appeals shall be accompanied by the applicable appeal fee, or shall be deemed incomplete and shall not be considered. Notwithstanding the foregoing, the fee shall be waived for any appeal filed by a council member appealing in his or her official capacity. (Ord. C-7-08 §1(part), 2008).
1.25.040 Contents of appeal.
The appeal shall be completed by the appellant on a form provided by the city and shall include all of the following information:
A. The legal name and street address of the appellant or appellants. A post office box may be used as a mailing address for notice, but any appeal that fails to list the appellant’s correct street address (for purposes of verifying the appellant’s identity) shall be deemed incomplete and will be rejected as incomplete;
B. The decision appealed from, the date of the decision and the name of the officer, board, commission or department rendering the decision;
C. The specific relief which the appellant seeks;
D. The basis for the appeal and all grounds in support thereof;
E. A description of how the person filing the appeal is negatively impacted by the decision’s approval, conditional approval or denial; and
F. The signature of the appellant or appellants.
Failure to provide all of the information set forth above shall be grounds for determining that the appeal is incomplete. An appeal shall not be effective unless the appeal has been filed with the city clerk, any required fee has been paid within the time herein required, and the notice has been deemed complete. A determination of completeness shall be made within ten calendar days of receiving the appeal. If notice of a determination is not made within said period, the appeal shall be deemed complete. Notice of a determination pursuant to this section shall be deemed to have been given on the date that said notice is mailed to the appellant by first class mail. (Ord. C-7-08 §1(part), 2008).
1.25.050 Setting of hearing date for appeal.
The city clerk shall cause a hearing to be set within sixty calendar days of the filing of an effective appeal. At least ten calendar days prior to the date established for hearing the appeal, notice of the hearing shall be provided by mail to: (A) the applicant; (B) the appellant; and (C) any person who has requested notice of an appeal of the item. An appeal from a decision that requires a public hearing shall be noticed in the same manner as the initial decision. (Ord. C-7-08 §1(part), 2008).
1.25.060 Hearing of appeal.
All appeals shall be considered de novo. At the time appointed for a hearing appeal, the hearing body shall:
A. Review the record of the proceeding, from which the appeal was taken;
B. Allow the appellant and applicant to make a brief verbal argument in addition to the written appeal;
C. Receive a report from staff and ask questions of staff, appellant or applicant;
D. Allow rebuttal as deemed appropriate; and
E. Either affirm or reverse the action, with or without modifications, or refer the matter back to the lower decision-making entity, with direction for further proceeding. (Ord. C-7-08 §1(part), 2008).
1.25.070 Decisions of city council.
A decision of the city council on appeal shall be final and conclusive. Decisions of other appellate bodies may be appealed to the city council in accordance with the requirements of this chapter. (Ord. C-7-08 §1(part), 2008).