§ 17.152 — Capitola Zoning Code

17.152.010 Purpose. ¶

This chapter establishes procedures for the appeal and call for review of actions and decisions made by the planning commission and the community development director.This chapter supplements general
procedures for appeals to the city council in Chapter 2.52 (Appeals to City Council). In the case of any conflict between this chapter and Chapter 2.52,this chapter governs. (Ord.			1043 § 2 (Att. 2), 2020)
17.152.020 Appeal subjects and jurisdiction.
A. Community Development Director Decisions. Any decision of the community development director may be appealed to the planning commission.
B. Planning Commission Decisions. Any decision of the planning commission may be appealed to the city council.
C. Coastal Development Permits. Appeal procedures for coastal development permits shall be as specified in Section 17.44.150 (Appeals). (Ord.	1043 § 2 (Att. 2),	2020)
17.152.030 Filing and processing of appeals.
A. Eligibility. Any person may submit an appeal of a decision by the community development director and the planning commission.
B. Timing of Appeal. An appeal shall be filed within ten calendar days following the date the decision was rendered, unless a longer appeal period is specified as part of the project approval. In the event the
completion of the appeal period falls on a weekend or holiday, the decision shall become effective after five p.m. on the first business day following the completion of the appeal period.
C. Form of Appeal.
1. An appeal shall be submitted in writing on an official city application form together with all required application fees.
2. The appeal application shall state the pertinent facts and the basis for the appeal.
3. The whole decision or part of the decision may be appealed. If an appellant chooses, an appeal may be taken solely from any finding, action, or condition.
D. Effect of Appeal. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the		review authority.
E. Report and Scheduling of Hearing.
1. When an appeal has been filed, the community development department shall prepare a report on the matter, including all of the application	materials in question, and schedule the matter for a public
hearing by the appropriate review authority within ninety days of receiving the appeal.
2. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17.148 (Public Notice and Hearings).
3. Any interested person may appear and be heard regarding the appeal.
4. All appeals on a single project shall be considered together at the same hearing.
F. Hearing and Decision.
1. During the appeal hearing, the review authority may take action on any aspect of the appealed project (de novo review). The review authority	shall make its own decision supported by findings.
2. The review authority’s decision may:
a. Affirm, affirm in part, or reverse the action that is the subject of the appeal;
b. Adopt additional conditions of approval that address the matter appealed; or
c. Remand the appeal for further review, recommendation, or action to the previous review authority.
3. The review authority’s action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal		and verify the compliance of the subject of the
appeal with the zoning code.
4. A matter being heard on appeal may be continued for good cause (e.g., additional California Environmental Quality Act (CEQA) review is required).
5. If the hearing body is unable to reach a decision on the matter appealed, the appeal and the decision of the previous review authority shall remain in effect.
G. Effective Date of Appeal Decision.
1. City Council’s Decision. A decision of the city council on an appeal is final and shall be effective on the date the decision is rendered.
2. Other Decisions. A decision of the planning commission is final and effective after five p.m. on the tenth calendar day following the date the decision is rendered, when no appeal to the decision or call for
review has been filed in compliance with this chapter. In the event the completion of the appeal period falls on a weekend or holiday, the decision shall become effective after five p.m. on the first business day
following the completion of the appeal period. (Ord. 1043 § 2 (Att. 2), 2020)

17.152.040 Judicial review. ¶

No person may seek judicial review of a city decision on a permit or other matter in compliance with the zoning code until all appeals to the planning commission and city council have been first exhausted in compliance with this chapter. (Ord. 1043 § 2 (Att. 2), 2020)

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