Hercules Municipal Code Art. 5 Appeals

(a) An appeal may be taken by any person, firm or corporation, or by an officer, department, board or commission of any public corporation or political subdivision in the State of California, aggrieved or affected by any decision under this Chapter regarding approval of mitigation implementation plans, compliance schedules, compliance reports or execution of the mitigation monitoring agreement. Such appeals shall be taken by filing a written notice of appeal with the City Clerk within seven (7) calendar days after the decision. A notice of appeal shall clearly and concisely set forth the grounds upon which the appeal is based. The City Clerk shall immediately forward a copy of the notice of appeal to the Planning Director. If the appeal is taken from a decision of the Planning Commission, the Planning Director shall forward a copy of the appeal to that body. A filing of a notice of appeal within the time and the manner specified, shall stay all proceedings by the parties in connection with the matter on which the appeal is taken until determination of the appeal, as provided herein. Appeals of decisions of the Planning Director shall be taken to the Planning Commission. Appeals of decisions of the Planning Commission shall be taken to the City Council.

(b) At the next available meeting following filing of a notice of appeal of a decision of the Planning Director, the Planning Commission shall hold a public hearing and shall review the action of the Planning Director and may do any one of the following:

(1) Refer the matter back to the Planning Director for further consideration, in which case the Planning Director shall conduct further investigations as he shall deem advisable and report his conclusion to the Planning Commission.

(2) Affirm the decision of the Planning Director and deny the appeal.

(3) If, in the opinion of the Planning Commission, the facts warrant further hearing, the Planning Commission shall set the matter for hearing.

(c) Following the hearing, the Planning Commission may reverse or affirm, wholly or partly, or modify any decision, determination or requirement of the Planning Director, and may make decisions and determinations and may impose such conditions as the facts warrant, and may approve all submittals required by this Chapter.

(d) The procedure for the taking of appeals of decisions from the Planning Commission to the City Council shall be the same as set forth in subsections (b) and (c) of this section.

(Ord. 287 Div. 1 (part), 1990)

Subarticle 6. Enforcement

The City may deny any discretionary approvals, including all submittals required by this Chapter, if plans and specifications of the project submitted by the applicant do not incorporate the mitigation measures of the type that can be incorporated during the pre-construction phase.

(Ord. 287 Div. 1 (part), 1990)

The City may issue stop-work orders or denial of subsequent approvals necessary to complete and occupy a project if mitigation measures of the type that can be implemented during the construction phase have not been so implemented. The City may also require the applicant to post a performance bond to ensure proper implementation of identified mitigation measures.

(Ord. 287 Div. 1 (part), 1990)

The City may enforce ongoing mitigation measures identified in the mitigation monitoring and reporting program through all legal remedies including but not limited to remedies for breach of the mitigation monitoring agreement. In addition, failure to comply with the requirements of this Chapter is a violation of the City's Municipal Code and shall constitute a misdemeanor, unless the City Attorney determines to prosecute any violation of this Chapter as an infraction. The City expressly reserves the right to prosecute any violation of its Code in criminal, civil or administrative forums.

(Ord. 287 Div. 1 (part), 1990)