§ 17.74

Determinations or actions of the director or commission may be appealed or called for review as provided by this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

Determinations and actions that may be appealed or called for review, and the authority to act upon an appeal or called for review shall be as follows:

A.

Code Administration and Interpretation. The following actions of the director and department staff may be appealed to or called for review by the commission and then appealed to or called for review by the council:

1.

Determinations of the meaning or applicability of the provisions of this development code that are believed to be in error, and cannot be resolved with staff;

2.

Any determination pursuant to Government Code 65943 that a permit application or information submitted with the application is incomplete; and

B.

Land Use Permit and Hearing Decisions. Decisions of the director on applications including zoning clearances, sign permits, administrative plan reviews, minor scenic corridor permits, lot line adjustments, and minor use permits may be appealed to, or called for review to the commission. Decisions by the commission may be appealed to, or called for review, the council.

C.

Notwithstanding any provision in this chapter and in the remainder of Title 17 of the Calabasas Municipal Code to the contrary, a determination of the director or department staff that a violation of the development code exists pursuant to Section 17.80.020 is not appealable to the commission or to the council, nor is it subject to a call for review. When an action or application for a land use permit occurs in connection with the abatement of a violation of the development code, any appeal or call for review pursuant to subsections A or B above, shall not stay or otherwise affect the city's exercise of the remedies set forth in Section 17.80.050.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Appeals.

1.

Unless another provision of this development code specifies otherwise, for any order, requirement, decision, determination, interpretation or ruling described in subsection A. of Section 17.74.020, appeals may be initiated by (i) any person who sought a determination of the meaning or applicability of a provision of the development code; or (ii) any person who filed an application which city determines is incomplete pursuant to Government Code section 65943.

2.

Unless another provision of this development code specifies otherwise, for decisions described in subsection B. of Section 17.74.020, appeals may be initiated by (i) the applicant; (ii) an owner of real property, any part of which is located within five hundred (500) feet of the external boundaries of the subject property; or (iii) any person who, in person or through a representative explicitly identified as such, presented written or oral testimony to the director or commission at a public hearing for the subject approval.

B.

Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of this Code, any order, requirement, decision, determination, interpretation or ruling of the director may be called up for commission review upon written request by two (2) members of the commission and any order, requirement, decision, determination, interpretation or ruling of the commission may be called up for council review upon written request by any two (2) members of the council.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2016-334, § 2, 4-13-2016)

A.

Filing of Appeals. A notice of appeal shall be in writing and shall be filed in duplicate in the office of the city clerk upon forms provided by the city. An appeal from any order, requirement, decision, determination, or interpretation by the commission or director in the administration of the provisions of this title must set forth specifically the error or abuse of discretion claimed by the appellant or how an application did meet or fail to meet, as the case may be, the standards of this title.

B.

Initiation of a Call for Review. A call for review may be initiated by any two (2) members of the commission or any two (2) members of the city council and shall be filed in writing with the city clerk.

C.

Effect on Decisions. Decisions that are appealed or called up for review shall not become effective until the appeal or review is resolved.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2016-334, § 3, 4-13-2016)

17.74.050 - Processing of appeals.

A.

Action and Findings.

When reviewing a decision on a land use permit, the appeal body may adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal.

2.

A decision by an appeal body may also be appealed as provided by Section 17.74.020, provided that the decision of the council on an appeal shall be final.

B.

Judicial Review. The time within which judicial review of any final decision must be sought is governed by Municipal Code Chapter 3.32 and the California Code of Civil Procedure Section 1094.6.

C.

Withdrawal of Appeal—Commission Actions. After an appeal of a commission decision has been filed, the appeal shall not be withdrawn except with the consent of the council.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Appeals. Appeals shall be initiated within ten (10) business days after director or commission action.

B.

Calls for Review. Calls for review shall be initiated within ten (10) business days after director or commission action.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Appeals. An appeal shall be accompanied by a filing fee in an amount determined by council resolution.

B.

Calls for Review. No fee shall be required for a call for review.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.74.080 - Procedures for appeals and calls for review.

A.

Scheduling. Within thirty (30) days after the director or commission action, the commission or council shall schedule the appeal or call for review for hearing and decision and give notice of the date, time and place thereof to the applicant, the commission and the appellant, if any. Prior to the hearing, the director shall transmit to the city clerk a report of the findings of the director or commission and the director shall present at the hearing all exhibits, notices, petitions and other papers and documents on file with the commission. The hearing shall be held within sixty (60) days after the commission action.

B.

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

C.

Evidence. The hearing shall be de novo. At the hearing, the commission or council shall consider 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.

Required Findings, Decision and Notice. Following an appeal or review hearing, the commission may remand the matter to the director for further consideration or may affirm (in whole or in part), modify, or reverse the decision appealed or reviewed or the council may remand the matter to the commission for further consideration or may affirm (in whole or in part), modify, or reverse the decision appealed or reviewed. If the commission does not remand the matter to the director or the city council does not remand the matter to the commission, it shall make the findings prescribed by this Code for the matter in issue. The commission or council decision shall be made within thirty (30) days of the hearing date. The city clerk shall mail notice of the commission or council decision to the applicant and to the appellant, if any, within five working days after the date of the decision. When the commission or council acts on an appeal by denying an application it may do so with or without prejudice to a new filing of a substantially similar project sooner than would be permitted by Section 17.60.080 of this Title.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.76 - GENERAL PLAN AND DEVELOPMENT CODE AMENDMENTS