Chapter 17.31
APPEALS AND CITY COUNCIL REVIEW
Sections:
17.31.020 Appellate jurisdiction.
17.31.030 Administrative appeals.
17.31.040 Appeals to the city council.
17.31.060 City council call for review.
17.31.010 Purpose.
To establish the procedures for appeal of the decisions of the community development department and planning commission on land use actions. (Ord. 796 Att. A(part), 1999)
17.31.020 Appellate jurisdiction.
The review authority having appellate jurisdiction over the administerial decision of the community development director shall be the Lakeport planning commission. The review authority having appellate jurisdiction over the decisions of the Lakeport planning commission shall be the Lakeport city council. (Ord. 796 Att. A(part), 1999)
17.31.030 Administrative appeals.
A. Application. An application for an administrative appeal shall be made as follows:
1. Persons eligible. The applicant or an affected person not satisfied with the decision of the community development director shall be eligible to file an administrative appeal. An affected person shall include an individual who has received notice or who submitted written comments to the city pursuant to a notice.
2. Timeliness. An administrative appeal shall be filed within five business days of the date on which the decision was rendered.
3. Form Filing and Fee. An appeal of an administrative decision shall be made on the prescribed form and filed with the community development department, accompanied by the fee set by resolution of the Lakeport city council.
4. Required Documents. An appeal shall be accompanied by a written statement setting forth the grounds upon which the appellant asserts that there was an error or abuse of discretion, and how the decision of the community development director is inconsistent with the purposes of the zoning ordinance.
B. Affect of Filing the Appeal. An appeal of an administrative decision shall halt all further proceedings. No development permits shall be issued until such time as the appeal has been acted upon as set forth in Section 17.31.030(D). The applicant may continue to act in reliance on any previously issued permit, however, further reliance upon receipt or notice of an appeal is done at their own risk pending the outcome of the appeal.
C. Forwarding of the Record. Prior to the appeal hearing, the community development department shall transmit to the planning commission copies of the pertinent application materials including all maps and data, and a statement setting forth the reasons for the decision by the community development department staff or other review authority.
D. Public Hearing and Notice. The planning commission shall conduct a public hearing on all administrative appeals. The public hearing shall be on the record, and all affected persons may appear and present evidence.
E. Decision. Within thirty days after the close of the hearing, the planning commission may either sustain the decision or render a new decision. Notice of the decision of the planning commission shall be mailed to the appellant and/or the applicant.
F. The Effective Date. The decision of the planning commission on an administrative appeal shall be final, conclusive, and effective immediately unless an appeal of the planning commission decision is filed with the Lakeport city council as provided for in Section 17.31.040. (Ord. 796 Att. A(part), 1999)
17.31.040 Appeals to the city council.
A. Application: decisions of the planning commission may be appealed as follows:
1. Persons Eligible. The applicant or affected persons not satisfied with the decision of the planning commission may file an appeal. Affected persons shall include individuals who received notice of a land use application, or who attended the planning commission meeting and made verbal comments, or submitted written comments in response to the notice.
2. Timeliness Form Filing and Fee. An appeal of a decision made by the planning commission shall be filed with the community development director within five business days of the decision. Said appeal shall be filed on the prescribed form and accompanied by the fee in the amount set by resolution of the city council.
3. Timeliness. An administrative appeal shall be filed within five business days of the date on which the decision was rendered.
B. Affect of Filing the Appeal. The filing of an appeal shall halt the proceedings and the effective date of the decision of the planning commission until such time as the appeal has been acted upon as hereinafter set forth.
C. Forwarding of the Record. Prior to the hearing on said appeal, the community development department shall transmit to the Lakeport city council the pertinent application materials setting forth the reasons for the decisions made by the planning commission.
D. Public Hearing and Notice. Following the filing of an appeal, the Lakeport city council shall conduct a public hearing on the matter. The public hearing shall be on the record and all affected persons may appear and present evidence.
E. Decision. Within thirty days after the close of the hearing, the city council may sustain or overturn the planning commission decision, or may grant or modify an application subject to specified conditions it imposes, or may revoke or deny the permit. Notice of the decision of the council, together with a copy of any findings adopted by the council, shall be mailed to the appellant and/or applicant.
F. Finality and Effective Date. The decision of the Lakeport city council on an appeal shall be final, conclusive, and effective immediately. (Ord. 796 Att. A(part), 1999)
17.31.050 Automatic appeals.
A. Automatic appeals. If the planning commission is unable to take action because of legal disqualification or abstentions, the matter shall be deemed to be automatically denied and appeals to the Lakeport city council. Automatic appeals pursuant to this section shall not be subject to the filing fees.
B. Continuations. If a ballot of the members of the planning commission results in a tie vote, the planning commission may continue the matter for further consideration or refer the matter to the city council as an appeal. Said appeal shall not be subject to filing fees. (Ord. 796 Att. A(part), 1999)
17.31.060 City council call for review.
The city council by a majority vote may call for the review of a planning commission decision. Said call for review shall be made within five business days of the date of the planning commission decision. The review shall be considered by the city council at a public hearing. (Ord. 796 Att. A(part), 1999)