California City Municipal Code Ch. 4 Appeals and Review

The purpose of this section is to provide a procedure for the appeal and review of City decisions. Except as otherwise provided in this Code, this section shall apply to the decisions of the staff, committees, commissions, boards and Council of the City of California City.

( Ord. No. 14-726, § 1, 12-2-2014 )

As used in this section, the following terms shall have the meanings set forth herein below:

(a) "Affected person" means any person, including the applicant, any City staff member, committee, or commission who has an interest in the matter at issue or whose health, safety, or welfare may be affected by the decision.

(b) "Appeal" means reconsideration, by a higher authority, of the specific facts and circumstances of any final decision made by the Council, or any of its committees, commissions or boards, or any officer or employee of the City when acting in an official authorized capacity to make a final decision.

(c) "Applicant" means the person who applied for or requested the decision or action which is the subject of the appeal or review.

(d) "Decision" means any final decision, finding, ruling, order or action.

(e) "Permit" means anything referred to elsewhere in this Code as being a "permit" or "license."

(f) "Person" shall have the meaning attributed in section 1-2.207 of this Code.

(g) "Review" means reconsideration of the decision of any City employee, committee, commission or body requested by the Council, on its own motion, or upon request of any Council member, in order to consider the decision and any broad legislative and policy factors involved.

(h) "Work day" means a day that City Hall is regularly open for business.

( Ord. No. 14-726, § 1, 12-2-2014 )

Within the time limits set forth in this chapter, the Council or any individual member of the Council may request that any final decision of a City employee, City commission, committee, or body, be reviewed. To initiate the review, the Council member shall file a written request for review with the City Clerk, stating any reasons for the review. Said review will be conducted in accordance with the procedures specified in the remainder of this chapter for the hearing of appeals. The person or body to hear the review will be as designated in the Code to hear an appeal, unless the Council as a whole specifies a higher level of review in the first instance.

( Ord. No. 14-726, § 1, 12-2-2014 )

(a) Any affected person may, within the time limits set forth in this chapter, file an application for appeal with the City Clerk. Said application shall contain sufficient information to identify the party, its interest in the matter, and the reasons for requesting an appeal.

(b) If the appeal is to be heard by a person or body which conducts regularly scheduled meetings, the appeal shall be considered at the first regular meeting which follows receipt of the application by ten (10) or more days, and which allows sufficient time for the giving of notice as required by this chapter.

(c) If the appeal is to be heard by an individual or body which does not conduct regularly scheduled meetings, the appeal shall be considered not more than ten (10) work days following receipt of the application; provided that the time period may be extended if necessary to allow the giving of notice as required by this chapter.

(d) An appeal hearing shall consist of a de novo hearing on the matter by the person or body specified in this chapter. The appeal hearing shall be based on the following evidence:

(1) Any relevant evidence, including staff reports, etc., submitted at the time of the prior decision and at the appeal hearing; and

(2) Findings, if any, and decision of the person or body whose decision is being appealed, but the person or body hearing the matter shall not be bound by the findings and decisions of the original decision being appealed.

(e) If the original decision being appealed involved issuance of any permit, license, or other entitlement or approval or requested some action by the City, the person filing the appeal shall have the burden of proof to support the overturning of the prior decision.

( Ord. No. 14-726, § 1, 12-2-2014 )

All applications for appeals and reviews must be filed with the City Clerk, in writing, during regular business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays, and within the time limits hereinafter set forth:

(a) For all matters relating to the approval, disapproval or extension of tentative and parcel maps, within ten (10) days from the date of the final decision subject to appeal or review.

(b) For all other items, within seven (7) days from the date of the final decision subject to appeal or review.

If the final day for filing an application for appeal or review falls on a holiday or weekend day when City Hall is closed, the application shall be filed no later than the next business day.

( Ord. No. 14-726, § 1, 12-2-2014 )

Where a permit is sought and its issuance is contingent upon obtaining a prerequisite permit, the permit sought shall not be issued until the expiration of the time limit for seeking an appeal or review specified in this chapter applied to the prerequisite permit. If an application for appeal or review of the prerequisite permit is filed within the specified time limits, the permit sought shall not be issued until seven (7) days following the final decision on the appeal or review. Any permit issued in violation of the provisions of this section shall be void.

( Ord. No. 14-726, § 1, 12-2-2014 )

Each application for appeal shall be accompanied by a processing fee in an amount determined by resolution of the Council.

( Ord. No. 14-726, § 1, 12-2-2014 )

Notice of the hearing for the appeal or review shall be given in the same manner as any required notice for the hearing at which the decision subject to the appeal or review was made. In addition to any notice required under law, written notice of the date, time, and place of the hearing shall be given to the original applicant, if any, any prior applicant for appeal regarding the same matter, and for appeals the person requesting the current appeal.

(Ord. No. 14-726, § 1, 12-2-2014)

( Ord. No. 14-726, § 1, 12-2-2014 )

Except as otherwise provided in this Code or under law, the person or body to hear an appeal or review a decision shall be the following:

(a) From a decision of the City staff to the department head;

(b) From a decision of the department head to the City Manager;

(c) From a decision of the City Manager to the Council;

(d) From a decision of any City committee or commission to the City Council.

( Ord. No. 14-726, § 1, 12-2-2014 )

Unless appealed or reviewed in the time and manner provided herein, any decision becomes final for all purposes when it is made.

(Ord. No. 14-726, § 1, 12-2-2014)

No claim for violation of constitutional rights for deprivation of economic use of property shall arise until and unless a claimant has secured a final decision on a permit application for a plan of development and on a request for a variance or similar relief from the zone or other development standard for a plan of development as specified in Title 9 of this Code.

( Ord. No. 14-726, § 1, 12-2-2014 )

Notwithstanding any provision in this Code to the contrary, no court action or proceeding to attack, review, set aside, void or annul any decision or procedure of the City of California City, its Council, commissions, boards or officers, which has become administratively final shall be maintained by any aggrieved person unless duly commenced in a court of competent jurisdiction within ninety (90) days, as provided in California Code of Civil Procedure, Section 1094.6, incorporated herein by reference, and/or as provided in California Government Code section 65009, or any shorter statute of limitations provided by law.

( Ord. No. 14-726, § 1, 12-2-2014 )

If any provision of this section is found to be invalid or unconstitutional by interpretation or application to any person or circumstances, such invalidity or unconstitutionality shall not affect the other provisions or applications thereof which can be given valid effect.

( Ord. No. 14-726, § 1, 12-2-2014 )