Chapter 15.76 HEARINGS AND APPEALS

Chapter 15.76
HEARINGS AND APPEALS

Sections:

15.76.020 Appeals from administrative action.

15.76.030 Appeals from Planning Commission action.

15.76.010 Notice required – Defects.

(A) Notice of any public hearing required under the terms of this title shall be given at least 10 days prior to the first hearing by at least one publication in a newspaper of general circulation within the City and by the U.S. Mail, postage prepaid, to all persons whose name and address appear on the latest adopted tax roll as owning property within a distance of not less than 300 feet from the exterior boundaries of the real property subject to the hearing.

(B) Any defect or error appearing in such notice shall not divest the Planning Commission or City Council of jurisdiction nor invalidate any proceedings. (Ord. CCO-22-03, 2022)

15.76.020 Appeals of administrative action.

(A) All interpretations and decisions of the City staff authorized by this title are subject to appeal. Appeals of any administrative interpretation or decision shall be made by filing a written appeal with the City Clerk within 10 calendar days of the date of the action or decision. Such appeal shall be accompanied by the applicable fee provided in the fee schedule currently in effect in the City. The Planning Commission shall hear and decide on the appeal within 45 days of filing the appeal and shall make findings supporting their decision on the matter. (Ord. CCO-22-03, 2022)

15.76.030 Appeals of Planning Commission action.

(A) In case the applicant or others affected are not satisfied with the action of the Planning Commission, they may within 10 calendar days after rendition of the Commission’s decision appeal in writing to the City Council. All such appeals shall be filed with the City Clerk and shall be accompanied by the applicable fee provided in the fee schedule currently in effect in the City.

(B) The City Council will conduct the appeal as a de novo hearing and shall render its decision within 45 days after the conclusion of said hearing. The City Council may reverse, set aside, affirm, amend, or modify the action of the Planning Commission; provided, that the actions of the Council are consistent with the General Plan and are in compliance with City Code. The Council may also refer said matter back to the Planning Commission or staff for additional consideration or to obtain additional information.

(D) No building permit shall be issued in any case where a conditional use permit is required by the terms of this title until after the period allowed for appeal. In the event of an appeal no such permit shall be granted until the matter has been finally approved by the City Council. Building permits issued pursuant to this chapter shall conform to the terms and conditions of the conditional use permit granted. (Ord. CCO-22-03, 2022)