Chapter 4-74 — APPEALS

Sections:

Sec. 4-74-010. Purpose. Sec. 4-74-020. Appeal Subjects and Jurisdiction.

Sec. 4-74-030. Filing and Processing of Appeals.

This Chapter establishes procedures for the appeal and review of determinations and decisions of the Planning Director and Commission.

• A. Planning Director's decision. A determination or decision by the Planning Director or Department staff may be appealed to the Commission.

• B. Commission decision. A decision by the Commission may be appealed to the Council.

• A. Eligibility.

  1. An appeal in compliance with this Chapter may be filed by any aggrieved person, except that in the case of a decision on a Planned Development Permit, Use Permit, Variance, and/or other Commission decision that followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing. An appeal shall be deemed not filed in a timely manner and not accepted until payment of an appeal fee, as adopted by the City, is paid to the City.

  2. A planning permit or other decision by the Planning Director to be scheduled for a hearing before the Planning Commission without payment of fee. Said action shall be at the written request of a least two Planning Commission members.

  3. A planning permit or other decision by the Commission to be scheduled for a hearing before the City Council without payment of fee. Said action shall be at the written request of a least two City Council members.

B. Timing and form of appeal.

1. An appeal shall be submitted in writing and filed with the Department or City Clerk, as applicable, on a City application form, within 10 days from the date of the decision.

Gustine Zoning and Subdivision Code

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ARTICLE 7 ZONING AND SUBDIVISION CODE ADMINISTRATION CHAPTER 4-74. APPEALS Sec. 4-74-030. Filing and Processing of Appeals.

2. The appeal shall state the pertinent facts and the basis for the appeal.

3. Appeals addressed to the Commission shall be filed with the Department; appeals addressed to the Council shall be filed with the City Clerk.

4. An appeal shall be accompanied by the required filing fee in compliance with the City's Fee Schedule.

C. Report and scheduling of public hearing.

1. When an appeal has been filed, the Planning Director shall prepare a written report on the matter, and shall schedule the matter for a public hearing by the appropriate review authority.

2. The written report shall contain the evidence in support of the findings adopted for the action being appealed.

3. Public notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 4-78 (Public Hearings). Notice shall also be provided to the Commission.

• D. Decision. At a hearing on an appeal, the review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. The review authority may:

  1. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal;

  2. Adopt additional conditions of approval, that may address issues or concerns other than the subject of the appeal;

3. Disapprove the planning permit approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval; and

4. In the case of an appeal of a Commission decision to the Council:

  - **a.** The Council shall render its decision on the appeal within 45 days after the close of the public hearing; or 

  - **b.** The Council may choose to not conduct a public hearing on the appeal, based on their review of the report and Commission's decision. This action by the Council shall constitute affirmation of the decision being appealed. 

• E. Presentation of new or different evidence. If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Planning Director or Commission for further consideration.

F. Effective date of appeal decision.

1. Commission's decision. A decision by the Commission is effective on the 11th day after the decision is rendered, when no appeal to the decision has been filed with the Council.

2. Council's decision. A decision by the Council is final and shall be effective on the date the decision is rendered.

• G. Withdrawal of an appeal of a Commission decision. After filing, an appeal of a Commission decision shall not be withdrawn except with the consent of the Council.

Gustine Zoning and Subdivision Code

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ARTICLE 7 ZONING AND SUBDIVISION CODE ADMINISTRATION CHAPTER 4-76. AMENDMENTS