§ 17.95

It is the purpose of this chapter to provide a procedure by which a person aggrieved by any decision of the Zoning Administrator or the Board of Zoning Adjustment can appeal to the Planning Commission and by which the City Council can review decisions by the Planning Commission on such appeals.

(`78 Code, § 17.95.010.) (Ord. 2047 § 10 (part), 1991.)

Pursuant to the authority granted in Cal. Gov’t Code § 65900, there is established a Board of Appeals. The Board of Appeals shall be composed of the members of the City Planning Commission.

(`78 Code, § 17.95.020.) (Ord. 2047 § 10 (part), 1991.)

The Board of Appeals shall have the power to hear and determine appeals from decisions of the Board of Zoning Adjustment and the Zoning Administrator.

(`78 Code, § 17.95.030.) (Ord. 2047 § 10 (part), 1991.)

(A) Any applicant or aggrieved person may appeal any determination or any condition or requirement of the Zoning Administrator within ten working days of the date of the decision. The appeal shall be heard by the Planning Commission acting as the Board of Appeals in accordance with the procedural requirements of Chapter 17.95.

(B) The written notice of appeal filed with the Secretary shall state clearly the grounds for the appeal and the specific factual or legal errors on which the appeal is based.

(C) Upon receipt of a complying notice of appeal and the requisite filing fee, the Secretary of the Planning Commission shall set a date for a public hearing before the Commission.

(D) The Secretary shall provide notice of the appeal by mailing notice of the appeal at least ten days prior to the hearing to the appellant, to the owner of the property in question, to owners abutting parcels and to persons who filed written objections to the original application, who requested notice of subsequent proceedings or who received notice of the original proceedings. The notice shall set forth a description of the property, a brief summary of the decision appealed and a brief summary of the nature of the appeal.

(E) The Secretary of the Commission shall forthwith transit to the Commission copies of the staff report and all papers constituting the record upon which the decision appealed was made, stating the factual and legal basis on which the Zoning Administrator or Board of Zoning Adjustment determined that the application met or failed to meet the criteria and requirements provided in this code.

(F) After holding a public hearing, the Planning Commission may by resolution affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the Zoning Administrator or the Board of Zoning Adjustment, or may continue the hearing from time to time for any legal reason.

(`78 Code, § 17.95.040.) (Ord. 2533 § 3, 2001; Ord. 2047 § 10 (part), 1991.)

(A) The Council shall be notified by city staff of Planning Commission determinations on appeals filed pursuant to this

chapter. All Commission determinations on appeals not reviewed by the Council are final 21 days after final Commission action.

(B) The City Clerk shall advise the Secretary of the Planning Commission when a decision to review is made by the Council. The Secretary shall present to the Council within ten days a copy of the staff report on the appeal and all other papers constituting the record upon which the Commission’s action was taken, including, but not limited to the minutes of all Commission hearings thereon.

(C) At the next regular Council meeting after the decision to review, the Council may affirm the Commission action or may direct the City Clerk to set the matter for public hearing in accordance with the notice requirements set forth in § 17.95.040.

(D) After its own public hearing, the Council may by resolution affirm, reverse or modify, in whole or in part, any final determination, condition or requirement imposed by the Commission. The Council may continue its hearing from time to time for any legal reason.

(`78 Code, § 17.95.050.) (Ord. 2047 § 10 (part), 1991.)

On the date a notice of appeal is property filed with the Secretary of the Planning Commission, or on the date the Council orders a review of the Commission’s action, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by Council, including the effective date of any permit, shall be stayed until the Commission’s or the Council’s final determination is made, or until 60 days have elapsed, whichever occurs first. If 60 days elapses without a final Council or Commission determination, the original action shall stand. (`78 Code, § 17.95.060.) (Ord. 2047 § 10 (part), 1991.)