Chapter 18.32
APPEALS
Sections:
18.32.020 Appeal applicability and authority.
18.32.040 Notice and schedule of appeal hearings.
18.32.050 Appeal hearing and action.
18.32.010 Purpose.
This section identifies the procedures for filing and processing an appeal consistent with Cal. Gov’t Code § 65904. Where the appeal provisions of this section conflict with other provisions of the Municipal Code, the appeal provisions of this section shall apply with regard to planning and zoning matters. (Ord. CCO-09-02, 2009)
18.32.020 Appeal applicability and authority.
Any person dissatisfied with an interpretation or action of the Planner or Planning Commission made pursuant to this title may appeal such action to the designated appeal authority listed in Table 18.32.1 within 10 days from the date of the action. Actions by the City Council are final.
|
Approving Authority for Action Being Appealed |
Appeal Authority |
|
|---|---|---|
|
Planning Commission |
City Council |
|
|
Planner |
X |
|
|
Planning Commission |
X |
|
(Ord. CCO-09-02, 2009; Ord. 258 § 8.202, 1967)
18.32.030 Filing an appeal.
All appeals shall be submitted in writing, identifying the action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 10 days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by City Council resolution, and submitted to the City Clerk. The filing of an appeal shall stay the issuance of subsequent permit(s) (e.g., building permits). (Ord. CCO-09-02, 2009; Ord. 258 § 8.301, 1967)
18.32.040 Notice and schedule of appeal hearings.
Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of MSMC 18.30.040 (Public Notices) and made in a manner consistent with the original application consideration. (Ord. CCO-09-02, 2009; Ord. 258 §§ 8.302 – 8.304, 1967)
18.32.050 Appeal hearing and action.
Each appeal shall be considered a de novo (new) and the appeal authority may reverse, modify or affirm the decision in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action. The action of the appeal authority is final on the date of decision and may not be further appealed. (Ord. CCO-09-02, 2009)