Chico Municipal Code Ch. 2.80 Appeals from a Decision, Determination or Order Made or Issued by a City…

This chapter is adopted pursuant to the municipal affairs provisions of the city charter for the purpose of establishing a procedure for a person to appeal a decision, determination, or order made or issued by a city board, commission, officer, or employee to the council in those cases in which the provisions of the city charter, this code, or the administrative policies and procedures of the city authorizing the decision, determination, or order do not otherwise establish a specific procedure for appealing such decision, determination, or order.

(Ord. 2004 §4 (part), Ord. 2257 §1)

All provisions of this chapter addressing the time within which the city council, a city board or commission, or a city officer or employee is to act on an appeal following commencement of the appeal, save and except for those provisions of this chapter which set forth the time for giving notice of a hearing on an appeal, shall be deemed directory rather than mandatory.

(Ord. 2004 §4 (part))

Where the provisions of this chapter require the city clerk to serve a notice on a person commencing or otherwise interested in an appeal commenced pursuant to this chapter, such notice shall be deemed served when personally delivered to such person or when deposited in the first class U.S. Mail, addressed to such person at the person's last known address.

(Ord. 2004 §4 (part))

For purposes of this chapter, a person shall be deemed aggrieved by a decision, determination or order made or issued by a city board, commission, officer or employee in the event the decision, determination or order has a significantly greater effect on such person than the public in general.

(Ord. 2004 §4 (part))

Except as otherwise provided by this code, an appeal of the following decisions and determinations of a city board or commission shall be made to the city council in the manner hereinafter provided by this chapter by any person who is aggrieved by the decision, or by the city manager where the city manager determines that such decision may be contrary to the policies of the city council:

A. A final decision of the planning commission on a use permit, variance or other entitlement;

B. A final decision of the airport commission on a lease, license, permit or other entitlement which authorizes or would authorize the use of public or private property located at the Chico Municipal Airport or within the boundaries of the Chico Municipal Airport Industrial Park, including, but not limited to, a final decision of the airport commission when acting in the capacity of either the planning commission or the architectural review board on a use permit, variance or other entitlement which authorizes or would authorize the development or use of property located at the Chico Municipal Airport or within the boundaries of the Chico Municipal Airport Industrial Park;

C. A final decision of the Bidwell Park and Playground commission on a lease, license, permit or other entitlement which authorizes or would authorize the use of property within a city park or playground, and any final decision of the Bidwell Park and Playground commission on a permit which authorizes or would authorize the planting, maintenance or removal of a tree located within a public right-of-way or on other city property;

D. A final decision of the architectural review board on plans and specifications submitted in connection with the issuance of a building permit.

E. A final decision of the fine arts commission on the award of any commission, agreement or other entitlement for the production or installation of public art.

(Ord. 2004 §4 (part), Ord. 2046)

Except as otherwise provided by this code, an appeal of the following decisions, determinations or orders made or issued by a city officer or employee shall be made to the city council in the manner hereinafter provided by this chapter by any person aggrieved by the decision, determination or order:

A. A final decision of a city officer or employee on a license, permit or other entitlement which is issued or provided for under the provisions of this code and which grants or would grant a right or authorization to a particular person or group of persons;

B. A fee or charge levied by a city officer or employee which is based on or calculated from the city fee schedule adopted by the city council;

C. An enforcement determination or order made or issued by a city officer or employee pursuant to the provisions of this code, except for a determination by a city officer or employee to make an arrest, issue a stop work order, administrative citation, or criminal citation or file a criminal complaint;

D. Any determination by the community development director that a project is categorically or statutorily exempt from environmental review under the California Environmental Quality Act (CEQA), or a determination by the community development director to prepare a negative declaration or mitigated negative declaration for a project.

(Ord. 2004 §4 (part), Ord. 2189 §, Ord. 2364 §63,Ord. 2439 §24)

A. Except as hereinafter provided by this section, all appeals from a decision, determination, or order made or issued by a city board, commission, officer, or employee must be commenced within the following time limits:

1. If the appeal is from the final decision of a city board or commission, the appeal must be commenced within 10 days following the date of the meeting at which the decision was made.

2. If the appeal is from a decision, determination, or order made or issued by a city officer or employee, the appeal must be commenced within 10 days from the date on which written notice of such decision, determination, or order is personally served on the person who is the subject of the decision, determination, or order, or owner of property which is the subject of the decision, determination, or order, or within 10 days of the date on which written notice of the decision, determination, or order is deposited in the U.S. mail, addressed to such person at the person’s last known address, whichever first occurs.

B. Where a provision of this code, or the statutes or regulations of the state, require notice of a particular decision, determination, or order of a city board, commission, officer, or employee be served or otherwise given in a particular manner, and specify the date on which such notice will be deemed to have been served or given, then an appeal from such decision, determination, or order must be commenced within 10 days of the date the decision, determination, or order is deemed served or given by such code provision, statute, or regulation.

C. If an appeal from a decision, determination, or order of a city board, commission, officer, or employee not to approve a lease, license, permit, or other entitlement has not been commenced within the time required by subsections A and B above, the council may, nevertheless, extend the time for commencing such appeal for good cause shown.

D. Nothing in this section shall be deemed or construed to extend or authorize the extension of any time limit established by state law to commence an appeal of any decision, determination, or order subject to such law.

(Ord. 2004 §4 (part), Ord. 2151 §4, Ord. 2257 §1)

All appeals from a decision, determination or order of a city board, commission, officer or employee which are made pursuant to the provisions of this chapter shall be commenced by filing a notice of appeal in the office of the city clerk. Such notice shall be in the form and contain the following information:

A. The name, address and telephone number of the person making the appeal;

B. Identification of the board or commission, or name and title of the city officer or employee having made the decision or determination or having issued the order which is the subject of the appeal;

C. A description of the decision, determination or order which is the subject of the appeal, and the date such decision, determination or order was made or issued;

D. A brief description of all grounds for making the appeal; and

E. Such other information as may be required by the city clerk.

(Ord. 2004 §4 (part))

At the time of commencing an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee, the person making the appeal shall deposit with the city clerk an appeal filing fee in an amount established by resolution of the city council, which shall not exceed the average costs to the city for the staff time and other resources necessary to prepare a record of appeal, prepare and serve all notices required in connection with an appeal, and otherwise process an appeal.

(Ord. 2004 §4 (part))

Where an appeal is commenced to review a decision or determination made by a city board, commission, officer or employee to approve a lease, license, permit or other entitlement, the filing of the notice of appeal shall stay such decision or determination until such time as the city council may affirm the decision or determination, or until such time as the decision or determination is deemed affirmed in the manner hereinafter provided by this chapter. Similarly, where an appeal is commenced to review the determination of a city officer or employee to issue an order, save and except for an order to stop work, vacate a dangerous building or structure, or abate a hazardous condition, such order shall be stayed until such time as the city council may affirm the order or the order is deemed affirmed in the manner hereinafter provided by this chapter. However, upon application therefor, the city council or the city manager may lift the stay of such decision, determination or order for good cause shown.

(Ord. 2004 §4 (part))

Upon the commencement of an appeal, the city clerk shall promptly provide a copy of the notice of appeal to the city officer or employee, or the secretary of the city board or commission having made the decision or determination which is the subject of the appeal.

(Ord. 2004 §4 (part), Ord. 2373 §1)

Repealed by Ordinance 2373

(Ord. 2004 §4 (part), Ord. 2373 §2)

Repealed by Ordinance 2373

(Ord. 2004 §4 (part), Ord. 2373 §3)

Repealed by Ordinance 2373

(Ord. 2004 §4 (part), Ord. 2373 §4)

Upon the timely receipt of a notice of appeal and the applicable filing fee, the city clerk shall set the matter for a public hearing not less than 30 thirty nor more than 45 days following the date the city clerk received the notice of appeal. The city clerk shall cause written notice of the date, time and place of such hearing to be served on the person who commenced the appeal, on the applicant for the lease, license, permit or other entitlement which is the subject of the appeal or the recipient of the order which is the subject of the appeal if other than the person who commenced the appeal, and on any other person who has filed a written request with the city clerk for notice of any hearing on the appeal, all at least 10 days prior to the date of such hearing.

(Ord. 2004 §4 (part), Ord. 2373 §5)

A. Upon the setting of a date for a hearing on an appeal, the secretary of the board or commission who made or issued the decision, or the officer or employee who made or issued the decision, determination of order which is the subject of the appeal shall promptly cause a record of the proceedings regarding the decision, determination or order to be prepared and transmit it to the city clerk. The city clerk shall cause the record of proceedings to be placed before the city council on or before the date set for the public hearing on the appeal. If the appeal is from a decision or determination of a city board or commission, the record of proceedings shall consist of a staff report summarizing the proceedings before the board or commission and all written documents or other evidence presented to the board or commission at the time it made its decision or determination. Similarly, if the appeal is from a decision, determination or order made or issued by a city officer or employee, the record of proceedings shall consist of a report of such officer or employee summarizing the decision and the basis for same, as well as all written documents and other evidence considered by the city officer or employee making or issuing the decision, determination or order.

B. The person having commenced an appeal, any other person interested in the outcome of the appeal, or the city manager, may cause a verbatim transcript to be made of any stenographic notes, audio recordings or television recordings of proceedings before the city board, commission, officer or employee having made or issued the decision, determination or order which is the subject of the appeal, all at the sole cost and expense of the person or entity requesting such transcript. Where such verbatim transcript is prepared and transmitted to the city clerk on or before the date set for the public hearing on the appeal, the transcript shall be included and considered by the city council as part of the record of proceeding on the appeal.

(Ord. 2373 §6)

The procedures governing the conduct of the public hearing on an appeal from a decision, determination or order of a city board, commission, officer or employee shall be announced by the mayor at the time of convening the public hearing on the appeal.

If the appeal is from a decision, determination or order made or issued by a city board, commission, officer or employee after conducting a hearing thereon which was required by law, then the hearing on the appeal from such decision, determination or order shall be conducted in accordance with the same procedures, if any, which were prescribed by law for the initial hearing on the decision, determination or order.

On the other hand, if the appeal is from a decision, determination or order of a city board, commission, officer or employee not requiring a public hearing, or from a decision, determination or order made or issued after a public hearing which was not required by law to be conducted in any particular manner, then the mayor, or the city council by a majority vote of the council, shall establish a procedure for conducting the hearing which, at a minimum, provides the person commencing the appeal, and the applicant for the lease, license, permit or other entitlement which is the subject of the appeal or the recipient of the order which is the subject of the appeal if other than the person who commenced the appeal, a fair opportunity to be heard and present evidence bearing on the particular matter which is the subject of the appeal.

(Ord. 2004 §4 (part))

The testimony given at a hearing on an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee as well as the written documents or other evidence sought to be introduced at such hearing shall not be limited by any legal rules of evidence save and except for the rule that such testimony and other evidence shall be relevant and material to a resolution of the particular matter which is the subject of the appeal.

(Ord. 2004 §4 (part))

The hearing on an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee may be continued from time to time by a majority vote of the city council; provided, however, that such hearing shall not be continued to a date more than 60 days from the date the hearing was first commenced.

(Ord. 2004 §4 (part))

At the time of convening a hearing to consider an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee, the city council shall reconsider the entire record of proceedings before the city board, commission, officer or employee having made or issued such decision, determination or order, as well as all testimony, documents or other new evidence that may be presented at the hearing, independently weigh all such evidence and render its decision on the appeal based on the evidence and the law applicable thereto, after making any finding required by law to support such decision.

(Ord. 2004 §4 (part))

A. Where, at the conclusion of a hearing on an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee, the city council, by majority vote, decides to deny the appeal, the Council shall affirm such decision, determination or order, and where required by law, make such findings of fact as may be necessary to support the decision, determination or order, either by adopting the findings of fact made by such board, commission, officer or employee in full or by making its own findings of fact. Provided further, that where the city council, for any reason, is unable to arrive at a majority decision on whether to deny or grant an appeal, the appeal shall, nevertheless, be deemed denied and the decision, determination or order of the city board, commission, officer or employee which is the subject of the appeal affirmed in full.

B. Where, at the conclusion of a hearing on an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee, the city council, by majority vote, decides to grant the appeal, the council shall take the following action:

1. If the appeal was from a decision or determination of a city board, commission, officer or employee to deny a lease, license, permit or other entitlement, the city council may approve such lease, license, permit or other entitlement subject to such terms and conditions as the council deems proper, and adopt such findings of fact as may be required by law to support such action. In the alternative, the council may approve the lease, license, permit or other entitlement in the manner provided herein, but remand the matter back to the city board, commission, officer or employee having made the initial decision on the matter for the purpose of making a determination on the terms and conditions of the lease, license, permit or other entitlement.

2. If the appeal was from a decision or determination of a city board, commission, officer or employee to approve a lease, license, permit or other entitlement, or from an order of a city officer or employee directing performance of some act, the city council may deny such lease, license, permit or other entitlement or cancel such order, and adopt such findings of fact as may be required by law to support such action. In the alternative, the city council may approve the lease, license, permit, or other entitlement, but modify the terms and conditions of same after making such findings of fact as may be required by law to support such actions.

(Ord. 2004 §4 (part))

Where an appeal is deemed denied because the city council was unable to arrive at a decision on the appeal or where the city council acts on an appeal after convening a public hearing and rendering a decision on the appeal, the city clerk shall promptly cause a notice describing the disposition of such appeal to be served by mail on the person who commenced the appeal, and on the applicant for a lease, license, permit, or other entitlement which is the subject of the appeal or the recipient of the order which is the subject of the appeal if other than the person who filed the appeal. In addition, the city clerk shall provide a notice describing the disposition of such appeal to the city board, commission, officer or employee having made or issued the decision, determination or order which was the subject of the appeal.

(Ord. 2004 §4 (part), Ord. 2373 §7)