Alameda Municipal Code § 30-25 Appeals or Calls for Review

Footnotes:

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Editor's note— Ord. No. 3195 N.S., § 1, adopted November 7, 2017, amended § 30-25 in its entirety to read as herein set out. The former § 30-25, pertained to similar subject matter, and derived from Ord. No. 1794 N.S.; Ord. No. 1836 N.S.; Ord. No. 2025 N.S.; Ord. No. 2625 N.S.; Ord. No. 2733 N.S.; and Ord. No. 2920 N.S.

a. Appeals. To avoid results inconsistent with the purposes of this chapter as stated in subsection 30-1.2, final decisions of the Community Development Director or Zoning Administrator may be appealed to the Planning Board and final decisions of the Planning Board, Public Art Commission, or Historical Advisory Board may be appealed to the City Council by any person aggrieved or by any officer, agency or department of the City affected by any decision, determination or requirement.

b. Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of this chapter as stated in subsection 30-1.2, final decisions of the Community Development Director or Zoning Administrator may be called up for review by a member of the Planning Board or by a member of the City Council for review by the Planning Board and final decisions of the Planning Board, Public Art Commission, or Historical Advisory Board may be called up for review by members of the City Council for review by the City Council.

(Ord. No. 3195 N.S., § 1, 11-7-2017; Ord. No. 3278 N.S., § 4, 5-5-2020)

a. Final Decision of the Community Development Director or Zoning Administrator. Any final decision of the Community Development Director or Zoning Administrator shall be effective on the date of the decision, unless any person aggrieved by or any officer, agency, or department of the City affected by any decision of the Community Development Director or Zoning Administrator, files a Notice of Appeal with the Community Development Department no later than ten (10) days following the decision or at least one (1) City councilmember or at least one (1) Planning Board member files a call for review with the Community Development Department no later than ten (10) days following the decision. Decisions that are appealed or called for review shall not become effective until the appeal or call for review is resolved by the Planning Board. Decisions by the Planning Board to uphold, overturn, or modify a decision of the Community Development Director or Zoning Administrator are appealable to the City Council.

b. Final Decision of the Planning Board, Public Art Commission, or Historical Advisory Board. Any final decision of the Planning Board, Public Art Commission, or Historical Advisory Board shall be effective on the date of the decision, unless any person aggrieved by or any officer, agency, or department of the City affected by any decision of the Planning Board, Public Art Commission, or Historical Advisory Board, files a Notice of Appeal with the Community Development Department no later than ten (10) days following the decision or at least two (2) City Councilmembers file a call for review with the Community Development Department no later than ten (10) days following the decision. It shall not be necessary for the two (2) Councilmembers requesting the call for review to state the same reason for the need for the call for review. Decisions that are appealed or called for review shall not become effective until the appeal or call for review is resolved by the City Council.

c. Final Decision of the City Council. A decision by the City Council regarding an appeal or call for review shall become final on the date of the decision subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. Any petition for judicial review is subject to the provisions of California Code of Civil Procedure Section 1094.6 after the date of the City Council's decision.

d. End of Appeal or Call for Review Period. When the end of an appeal or call for review period falls on a weekend or a statutory holiday, the period shall continue until the first working day thereafter.

(Ord. No. 3195 N.S., § 1, 11-7-2017; Ord. No. 3278 N.S., § 4, 5-5-2020)

a. Appeals of Actions of the Community Development Director or Zoning Administrator. An appeal to the Planning Board concerning final actions of a Community Development Director or the Zoning Administrator shall be filed in writing with the Community Development Department and shall be accompanied by the required fees. In filing an appeal, the appellant shall specifically state the reasons or justification for an appeal.

b. Appeals of Actions of the Planning Board, Public Art Commission, or Historical Advisory Board. An appeal to the City Council concerning final actions of the Planning Board, Public Art Commission, or Historical Advisory Board decision shall be filed in writing with the Community Development Department and shall be accompanied by the required fees. In filing an appeal, the applicant shall specifically state the reasons or justification for an appeal.

c. Calls for Review. A call for review shall be filed in writing with the Community Development Department and shall state the reasons or justification for the call for review. All City of Alameda costs associated with the call for review, including staff time, technical assistance, and noticing the public hearing shall be funded by the General Fund and shall not be charged to the project applicant.

(Ord. No. 3195 N.S., § 1, 11-7-2017; Ord. No. 3278 N.S., § 4, 5-5-2020)

a. Hearing Date. Appeals or calls for review shall be scheduled for public hearing and decision by the Planning Board or Historical Advisory Board no later than the second regularly scheduled and held meeting following submittal of the appeal or call for review. Appeals or calls for review shall be scheduled for public hearing and decision by the City Council no later than the third regularly scheduled and held meeting following submittal of the appeal or call for review. An alternative date for the hearing may be selected by mutual agreement of the original applicant, the City and appellant.

b. Notice and Public Hearing. An appeal or call for review shall be a public hearing if the decision being appealed or reviewed required a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed.

c. Evidence. The hearing shall be conducted as a de novo hearing. At the hearing, the Planning Board or City Council may consider the introduction of all pertinent material, including all documents constituting the administrative record.

d. Hearing. At the hearing, any party or person may appear in person or by agent or attorney to provide testimony.

e. Decision and Notice. The Planning Board or City Council may, so long as such action is in conformity with the terms of these regulations, reverse or affirm, in whole or in part, or may modify the order, requirement, decision, or determination of the Community Development Director or Zoning Administrator or Planning Board, Public Art Commission, or Historical Advisory Board and may make such order, requirement, decision, or determination as is appropriate.

(Ord. No. 3195 N.S., § 1, 11-7-2017)