Chapter 18.300 — APPEALS TO CITY COUNCIL AND PLANNING COMMISSION

Sections:

18.300.010 Purpose.

18.300.020 Appeals.

18.300.030 Filing and timing of notice of appeal.

18.300.040 Report, scheduling, and noticing of hearing.

18.300.050 Conduct of hearing on appeal.

18.300.060 Efect of denial of application.

The purpose of this chapter is to provide procedures for the appeal of determinations and decisions of the zoning administrator, planning manager, community development director, planning commission, historical architectural review board, art review board, and any other official or board or commission, except the city council, authorized to make decisions pursuant to this title. (Ord. 9-2014 § 41, 3-4-14.)

(a) Decisions of the zoning administrator, planning manager, and community development director or any other official may be appealed to the planning commission. A determination of “no action” of the zoning administrator, planning manager, community development director or any other official at a duly noticed public meeting, including a failure of the approval authority to take action or to approve a motion either for or against the item, shall be considered a denial and would be eligible for the same appeal process as a denial.

(b) Decisions of the planning commission and art review board may be appealed to the city council.

(c) Decisions of the historical architectural review board may be appealed to the city council except as otherwise provided in Section 18.175.180. (Ord. 9-2014 § 41, 3-4-14; Ord. 05-2021 § 62, 4-20-21.)

(a) Appeals may be filed by any interested party. An appeal shall be submitted in writing, on any form prescribed for that purpose by the city and accompanied by the required fee, and shall state the decision appealed from, the facts and basis for the appeal, and the relief or action sought. No fee is required where an appeal is filed by the city manager or other public official in pursuance of his/her official duties.

(b) The appeal shall be filed within 10 calendar days following the date of the decision that is being appealed. The time limit will extend to the next business day when the tenth day falls on a day that the city is not open for business.

(c) Appeals addressed to the planning commission shall be filed with the planning division. Appeals addressed to the city council shall be filed with the city clerk. (Ord. 9-2014 § 41, 3-4-14.)

(a) The timely filing of an appeal shall automatically stay the operative effect of the action, permit, decision or determination from which the appeal has been taken until a final decision is rendered on the appeal, unless the appeal is withdrawn by the appellant.

(b) When an appeal has been filed, the matter shall be scheduled for hearing by the planning commission or city council, as applicable. The community development director shall prepare a report on the matter, which may be comprised of the minutes or draft minutes from hearings on the matter.

(c) The planning commission or city council, as applicable, shall conduct a public hearing on all appeals where a public hearing was held prior to the decision being appealed from. No public hearing need be held on appeals from decisions where no public hearing was held. Where a public hearing of

an appeal is required, notice shall be given of the proposed hearing in the same manner as was required for the decision being appealed. (Ord. 9-2014 § 41, 3-4-14; Ord. 05-2021 § 63, 4-20-21.)

(a) Scope of Hearing. Review of all appeals shall be de novo. The review body is not bound by the decision that has been appealed or limited to the issues raised on appeal.

(b) Action of Review Body. The review body may continue the matter from time to time, and, at the conclusion of its consideration, may affirm, reverse, or modify the decision appealed and may take any action which might have been taken in the first instance by the body from whose action is being appealed. If new or different evidence is presented on appeal, the review body may also refer the matter for reconsideration to the body whose action is being appealed. (Ord. 9-2014 § 41, 3-4-14.)

Whenever an application by a property owner or owner’s agent for an approval pursuant to this title is denied, an application for all or any portion of the property shall not be eligible for reconsideration for one year following such denial, except in the following cases:

(a) When the denial was without prejudice;

(b) When the new application, although involving all or a portion of the same property, is substantially different from the application that was denied; or

(c) When the previous application was denied for the reason that it would not conform with the general plan, an applicable community or specific plan, or zoning, and the general plan, community or specific plan, or zoning has subsequently been amended in a manner which will allow the proposed project. (Ord. 9-2014 § 41, 3-4-14.)

Home

˂

• ˃

The Fremont Municipal Code is current through Ordinance 13-2025, passed November 18, 2025.

Disclaimer