Brisbane Municipal Code Ch. 16.44 Appeals

All actions of the planning director are appealable to the planning commission, including actions with regard to tentative parcel maps, tentative maps, lot line adjustments or modifications, any determination concerning the contents, subject matter or completeness of any application, any determination concerning which permit or other approval is required, and any determination pursuant to Sections 16.04.095 or 17.02.090. Any such appeal shall be in writing and shall be filed with the planning department within ten (10) days after the action complained of. The appeal shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for appeal. Upon receipt of such an appeal, the planning department, acting under the direction of the planning director, shall bring the appeal before the planning commission for hearing within thirty (30) days and shall notify the appellant and (if different) the applicant of the date and time of the planning commission meeting at which the appeal will be heard. No other notice need be given, except such additional notice as may be required by state or other law. The planning commission shall proceed to hear and determine the appeal at the same meeting and at such later meeting(s) to which it may continue the hearing. Within ten (10) days following the conclusion of the hearing, the planning commission shall render its decision on the appeal. The planning commission may sustain, modify, reject or overrule any decision or other action of the planning director and may make such findings as are not inconsistent with the provisions of the Subdivision Map Act or this Title 16.

(Ord. 308 § 8, 1985: Ord. 282, § 11.1, 1982).

All actions of the planning commission are appealable to the city council pursuant to this chapter by the subdivider or any interested person adversely affected by the action of the planning commission. Such appeal must be in writing and filed with the city clerk within ten (10) days after the date of the action of the commission from which the appeal is being taken. The notice shall clearly state the reason for appeal, and shall be accompanied by a fee, as set by the city council.

(Ord. 308 § 9, 1985: Ord. 282 § 11.2, 1982).

A. Hearing. The city clerk shall set the appeal for a public hearing. Such public hearing shall be held within thirty (30) days after filing of the notice of appeal.

B. Notice.

1. The city clerk shall give notice of a public hearing on an appeal of an action regarding a tentative parcel map or tentative map in the manner prescribed by subsections B and C of Section 16.16.190.

2. Where the appeal is taken by an interested person, not less than ten (10) days prior to the date of the hearing on the appeal, the city clerk shall notify the subdivider in writing by transmitting written notice of the hearing by first-class mail, postage prepaid, addressed to the most recent address of the subdivider indicated on his application.

3. Notice of each hearing provided for in this section shall be sent by United States mail to each tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to any such hearing. The notice requirement of this subsection shall be deemed satisfied if the notice complies with the legal requirements for service by mail.

C. Fees may be collected from the subdivider for expenses incurred under this chapter.

D. Any of the time limits provided in this title may be extended upon the consent of the subdivider.

(Ord. 308 § 11, 1985: Ord. 282 § 11.5, 1982).

A. The public hearing by the city council may be continued from time to time. The city council shall render its decision on the appeal within seven (7) days of the date on which the hearing is closed. Said time limit may be extended with the concurrence of the applicant.

B. The city council shall declare its findings based upon the testimony and documents produced before it, the planning commission or the planning director. The city council may sustain, modify, reject or overrule the action of the planning commission, and may make such findings as are not inconsistent with the provisions of the Subdivision Map Act or this Title 16. In the case of an appeal of an action on a tentative parcel map or tentative map, the city council shall make the findings prescribed in Sections 16.16.220 and 16.16.230. To modify, reject or overrule the action of the planning commission shall require the affirmative vote of three-fifths (⅗) of the city council.

C. Fees may be collected from the subdivider for expenses incurred under this chapter.

D. Any of the time limits provided in this title may be extended upon the consent of the subdivider.

(Ord. 308 § 12, 1985: Ord. 282 § 11.6, 1982).