Chapter 19.12 — APPEALS — Chico Zoning Code

19.12.010 Purpose. ¶

This chapter addresses the manner in which decisions made pursuant to this Title may be appealed. (Ord. 2185, Ord. 2374 §2)

19.12.020 Appeal subjects and jurisdiction. ¶

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as set forth in Table 2-1 and in this Chapter.

TABLE 2-1

REVIEW AUTHORITY

Type of Permit or Decision	Architectural Review and Historic Preservation Board	Director	Zoning Administrator	Planning Commission	City Council

Type of Permit or Decision	Architectural Review and Historic Preservation Board	Director	Zoning Administrator	Planning Commission	City Council
Administrative Use Permit		Decision		Appeal
Architectural/Design Review	Decision (1)			Decision (1)	Appeal
Certificates of Appropriateness	Decision (1)				Appeal
Certificate of Demolition	Decision (1)				Appeal
Designation of Historic Landmarks on the Historic Resources Inventory	Recommend				Decision
Determination That an Application is Complete Pursuant to Chapter 19.16		Decision		Appeal
Development Agreements				Recommend	Decision
Foothill Development Permit		Decision		Appeal

Fraternity and Sorority House Permit		Decision		Appeal
General Plan, Specific Plan, Neighborhood Plan, Area Plan Amendments				Recommend	Decision
Home Occupation Permits		Decision		Appeal
Interpretations		Decision		Appeal
Land Use and Development Regulations Amendments				Recommend	Decision
Minor Design Review	Appeal (2)	Decision
Mobile Food Vendor Permits		Decision		Appeal
Planned Development Permits		Recommend		Decision	Appeal
Regulating plans and circulating plans pursuant to Division VI				Decision	Appeal
Reasonable Accommodation Request		Decision		Appeal
Sign Permits		Decision		Appeal
Specific Plans				Recommend	Decision
Urban Lot Split/Two- Unit Housing Development		Decision		Appeal
Use Permits			Decision	Decision	Appeal
Variances			Decision	Decision	Appeal
Zoning Map Amendments	Recommend (3)			Recommend	Decision
Zoning Clearances		Decision		Appeal

Notes:

(1) Architectural/design review decisions and decisions regarding applications for certificates of appropriateness or certificates of demolition rendered by the Architectural Review and Historic Preservation Board for projects requiring only the issuance of a building permit are appealed to the City Council.

Architectural/design review decisions rendered by the Architectural Review and Historic Preservation Board on

projects requiring a discretionary permit from the Planning Commission and rendered after referral to the Architectural Review and Historic Preservation Board by the Planning Commission are appealed to the Planning Commission. Architectural/design review decisions rendered by the Planning Commission are appealed to the City Council.

(2) Director decisions are appealed to the Architectural and Historic Preservation Review Board. The Architectural Review and Historic Preservation Board decision on an appeal is final.

(3) The Architectural Review and Historic Preservation Board shall make recommendations to the City Council regarding the creation or modification of landmark overlay zoning districts pursuant to Chapter 19.37.

(Ord. 2185, Ord. 2374 §3, Ord. 2410 §10, Ord. 2439 §175, Ord. 2440 §8, Ord. 2494, §2, Ord. 2511, §5, Ord. 2519, §7, Ord. 2580, §3, Ord. 2600, Ord. 2610)

19.12.025 Appeal of determinations of the Airport and Bidwell Park and Playground commissions. ¶

A. Airport Commission Decisions. Determinations of the Airport Commission shall be appealed in compliance with Chapter 2.80 of this Code.

B. Bidwell Park and Playground Commission Decisions. Determinations of the Bidwell Park and Playground Commission shall be appealed in compliance with Chapter 2.80 of this Code.

(Ord., Ord. 2374 §4)

19.12.030 Filing of appeals. ¶

A. Eligibility. An appeal may be filed by:

Any aggrieved person as defined in Chapter 2.80 of the Municipal Code;
The City Manager.

B. Timing and form of appeal.

Appeals which will be heard by the Architectural Review and Historic Preservation Board or Commission shall be filed in writing within 10 days from the date the decision was made which is being appealed. Appeals shall be on a form prescribed by the director, and shall specifically state the pertinent facts of the case and the basis for the appeal. Appeals shall be filed in the office of the director and shall be accompanied by a filing fee established by resolution of the City Council.
Appeals which will be heard by the city council shall be filed in the office of the city clerk, as set forth in chapter 2.80 of this Code.

(Ord. 2185, Ord. 2374 §5, Ord. 2410 §11)