Chapter 18.18
DECISIONS AND APPEALS
Sections:
18.18.010 Time and manner of decision.
18.18.020 Time limit on reapplication for same matter.
18.18.030 Denial without prejudice.
18.18.040 Finality of decision and time for appeal.
18.18.050 Designation of hearing body on appeal.
18.18.070 Appeal of agency’s failure to act.
18.18.080 Appeal of decision not otherwise provided for.
18.18.100 Appeal by city council member, planning commissioner or city planner.
18.18.120 Effective date of decision.
18.18.130 Code of Civil Procedure Section 1094.6 governing time for judicial review made applicable.
18.18.010 Time and manner of decision.
A. Form. After hearing the evidence and considering the application, the reviewing body shall make its decision. The decision shall be in the form of a written statement, minute order or resolution, as the case may be, and shall be accompanied by reasons sufficient to inform as to the basis for the decision.
B. Time. The reviewing body shall make its decision and formulate its written findings within 30 calendar days after the close of the public hearing.
C. Notice of Decision. The city planner shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings.
D. Acceptance Is Applicant’s Agreement. The applicant’s acceptance of the decision is an agreement to comply with the decision and its terms and conditions. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.020 Time limit on reapplication for same matter.
If a component member of the planning agency (PMC 18.10.010) denies the application and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final except as provided in PMC 18.18.030 for denial “without prejudice.” [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.030 Denial without prejudice.
If the application is denied “without prejudice” the applicant may reapply for substantially the same request without complying with the time limit prescribed in PMC 18.18.020. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.040 Finality of decision and time for appeal.
A decision of a component member of the planning agency is not final until the time for appeal expires. The time for appeal is as follows:
A. In the case of an appeal from the planning commission recommendation against changing property from one land use classification to another, within five calendar days after the planning commission files its recommendation with the city council (Government Code Section 65856);
B. In the case of an appeal from action by a component member of the planning agency, within 10 calendar days after the date of the decision. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.050 Designation of hearing body on appeal.
The planning commission shall hear an appeal from the decision of the planning staff and the zoning administrator. The city council shall hear an appeal from the decision of the planning commission. The decision of the city council is final. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.060 Appeal of decision.
A. Notice of Appeal. A person desiring to appeal the decision of a component member of the planning agency shall file a written notice of appeal with the city planner within the time required by PMC 18.18.040.
B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The city planner may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal.
C. Action on Appeal. The city planner shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in PMC 18.14.010 and 18.14.020.
D. De Novo Hearing. The reviewing body shall hear the appeal as a new matter. The original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.
E. Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination appealed from. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.070 Appeal of agency’s failure to act.
An applicant may appeal the failure of a component member of the planning agency to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The reviewing body shall consider all of the circumstances surrounding the application in determining what is a reasonable time. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.080 Appeal of decision not otherwise provided for.
A. Any person may appeal a decision, requirement or determination made by the city staff in the administration of the land use regulations not otherwise provided for. The zoning administrator shall hear the appeal in the first instance. The appeal shall be in writing, filed with the city planner and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within 10 calendar days of the date of the action appealed.
B. Upon receiving the notice of appeal, the zoning administrator shall set the matter for hearing and shall give the person appealing written notice of the time and place of hearing at least 10 calendar days before the hearing. The hearing shall be held within 30 calendar days of the date the notice of appeal is filed. The parties may extend this time by agreement.
C. The decision of the zoning administrator is final 10 calendar days after notice is given to the appellant of the ruling on the appeal, unless an appeal is taken from the decision. Such an appeal is to the planning commission. The notice of appeal shall be in the form provided by PMC 18.18.060(A) and (B) and shall be filed with the city planner within 10 calendar days after the date of the decision.
D. Upon receiving the appeal from the decision, the city planner shall schedule the appeal for consideration by the planning commission within 30 calendar days and shall give the appellant 10 calendar days’ notice of the time and place of the hearing. The decision of the planning commission may be appealed to the city council in the same manner and within the same time from its decision as is provided in the case of an appeal from the city manager’s decision, as described in PMC 1.08.060 and 1.08.070. The decision of the city council is final. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.090 Fee for appeal.
The notice of appeal shall be accompanied by the fee fixed by resolution of the city council. The reviewing body may waive the fee where it finds that it is in the interests of justice to do so under the particular circumstances. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.100 Appeal by city council member, planning commissioner or city planner.
A. A city council member, a planning commissioner or the city manager may appeal the decision of a component member of the planning agency (PMC 18.10.010). The appeal shall be processed in the same manner as an appeal by any other person but need not be accompanied by the fee prescribed for an appeal.
B. The city council member, planning commissioner or city manager appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.110 Reconsideration.
A. The component member of the planning agency (PMC 18.10.010) making the decision may reconsider its decision upon request from an interested party to do so if it determines that there were important factual or legal matters which it failed to consider before making the decision.
B. The request for reconsideration shall be filed in writing within the time allowed to appeal setting forth the factual or legal matters which were not considered. In the case of a request for reconsideration of a decision of the city council, the request shall be filed within 15 calendar days of its decision.
C. The request shall be acted upon at the next meeting. If the request is denied, the time to appeal is extended only by the number of days required to hear and decide the request. If the request is granted, the city shall give notice in the same manner provided for the giving of notice of the original application. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.120 Effective date of decision.
The decision of a component member of the planning agency becomes effective at the end of the appeal period. The decision of the city council is final on the date of its decision. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]
18.18.130 Code of Civil Procedure Section 1094.6 governing time for judicial review made applicable.
Section 1094.6 of the Code of Civil Procedure applies to adjudicatory administrative decisions made under this title. [Ord. 07-1284 § 3 (Exh. C), 2007; Ord. 979 § 2 (Exh. A), 1990.]