Lafayette Municipal Code Art. 3 Decisions and Appeal

Footnotes:

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Editor's note— Ord. No. 656, § 1(exh. A), adopted May 14, 2018, amended Article 3, in its entirety to read as herein set out. Former Article 3, §§ 6-225—6-238, pertained to similar subject matter, and derived from Ord. No. 101, 1973.

(a) Form. After hearing the evidence and considering the application, the granting authority shall make its findings and have them entered in the administrative record. The findings shall be in writing.

(b) Time. The granting authority shall, unless the applicant agrees to a continuance beyond this limit, hear the matter and close the hearing within a reasonable time after the date the application is deemed complete; and shall make its findings and render its decision within 30 days after the close of the public hearing.

(c) Notice of Decision. The planning director shall have a notice of the decision mailed to the applicant at the address given in the application and to each other person who requests it in writing, unless the applicant or other person agrees to a different method of delivery.

(d) Acceptance is Applicant's Agreement. The applicant's acceptance of the decision is the applicant's agreement to comply with the decision and its terms and conditions.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a) A decision by the granting authority is not final until the time for appeal expires. The times for appeal are as follows:

(1) In the case of an appeal from the planning commission recommendation against changing property from one land use classification to another, within five calendar days after the planning commission files its recommendation with the city council (Government Code Section 65856). The planning commission shall be deemed to have filed its recommendation with the city council upon adoption;

(2) In the case of an appeal from any other action of the planning commission, design review commission or the action of the zoning administrator, within 14 calendar days after the date of the decision.

(b) The time for appeal may not be extended.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

If the granting authority denies an application "without prejudice," the applicant may reapply for substantially the same request without complying with the time limit prescribed in Section 6-238.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a) A member of the city council, in his or her official capacity, may appeal a decision of the zoning administrator, the design review commission or the planning commission whenever the councilmember believes that a decision on an application is of such importance that it should be reviewed by a higher reviewing body. No inference of bias based on such an appeal shall be made.

(b) The review of a decision of the zoning administrator or of the design review commission is to the planning commission and shall be conducted in a manner set forth in Section 6-229(e) and (f). The review of a decision of the planning commission is to the city council.

(c) The appeal shall be submitted in writing and filed with the city manager within the time provided by Section 6-226. The appeal shall state that the purpose is solely to review the matter before the higher reviewing body. The appeal is exempt from payment of a filing fee.

(d) The city manager shall set the matter for public hearing at a regularly scheduled meeting of the reviewing body not later than 60 days after the appeal is filed. The city manager or designee shall give notice of the appeal hearing in the time and manner set forth in Sections 6-210 and 6-211.

(e) The councilmember appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations, nor from voting as a member of the city council.

(f) De Novo Hearing. The city council shall hear the appeal as it would an original application in the first instance and is not limited to consideration of the issues raised at previous hearings from which the appeal is taken. The director shall prepare a report on the matter, including all the application materials in question. The applicant has the burden of proof. The city council may act upon the application, either granting it, conditionally granting it or denying it. In addition to considering the testimony and evidence presented at the hearing, the city council shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

(g) Decision. The city council may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination that is the subject of the appeal. In the event of a tie vote by the city council on the appeal, the decision of the prior reviewing body shall stand.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a) A planning commissioner, in his or her official capacity, may appeal a decision of the zoning administrator or design review commission whenever the planning commissioner believes that a decision on an application is of such importance that it should be reviewed by the planning commission. No inference of bias shall be presumed due to an appeal being made.

(b) The appeal shall be submitted in writing and filed with the planning director within the time provided by Section 6-226. The appeal shall state that the purpose is solely to review the matter before the higher reviewing body. The appeal is exempt from the payment of a filing fee.

(c) The planning director shall set the matter for hearing before the planning commission and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 6-210 and 6-211.

(d) The commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations, nor from voting as a member of the planning commission.

(e) De Novo Hearing. The planning commission shall hear the appeal as it would an original application in the first instance and is not limited to consideration of the issues raised at the zoning administrator or design review commission hearing. The director shall prepare a report on the matter, including all of the application materials in question. The applicant has the burden of proof. The planning commission may act upon the application, either granting it, conditionally granting it or denying it. In addition to considering the testimony and evidence presented at the hearing, the planning commission shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

(f) Decision. The planning commission may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination that is the subject of the appeal. In the event of a tie vote by the planning commission on the appeal, the decision of the zoning administrator or design review commission shall stand.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

The notice of appeal shall be filed with the designated city official. It shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The planning director shall provide the form of notice of appeal.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

The applicant or any other person who is dissatisfied with a decision of the zoning administrator, of a member of the city staff pursuant to Section 6-234, or of the planning commission may file an appeal in accordance with the provisions of this article, accompanied by the required fee. In addition, an applicant may appeal the failure of the granting authority to act within the time limits prescribed in Section 6-225.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a) Notice of Appeal. A person desiring to appeal the decision of the zoning administrator shall file a notice of appeal with the planning director within the time required by Section 6-226.

(b) Action on Appeal. The planning director shall set the matter for hearing before the planning commission and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 6-210 and 6-211.

(c) De Novo Hearing. The planning commission shall hear the appeal as it would an original application in the first instance. The commission may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise details of the appeal. The applicant has the burden of proof.

(d) Decision on Appeal. The planning commission may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination appealed from. The decision of the planning commission on appeal may be appealed to the city council and the procedure is the same as in the case of an appeal from a decision of the planning commission (Section 6-233).

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a) Notice of Appeal. A person desiring to appeal a decision of the planning commission shall file a notice of appeal with the city manager within the time required by Section 6-226.

(b) Action on Appeal. The city manager shall set the appeal for public hearing at a regularly scheduled city council meeting not later than 60 days after the appeal is filed. The city manager shall give notice of the hearing on appeal in the time and manner set forth in Sections 6-210 and 6-211.

(c) De Novo Hearing. The city council shall hear the appeal as a new matter. The original applicant has the burden of proof. The city council may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise details of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the city council shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.

(d) Decision on Appeal. The city council may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination appealed from.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a) An aggrieved person may appeal a decision, requirement or determination made by a member of the city staff in the administration of the land use regulations in Part 2 of this title not otherwise provided for in this Part 1. The city manager shall hear the appeal in the first instance. The appeal shall be in writing, filed with the planning director, and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within 30 days of the action appealed from.

(b) Upon receiving the notice of appeal, the city manager shall set the matter for hearing and shall give the person appealing written notice of the time and place of hearing at least ten days before the hearing. The hearing shall be held within 30 days of the date the notice of appeal is filed. The parties may extend this time by agreement.

(c) The decision of the city manager is final ten days after notice is given the appellant of the ruling on the appeal, unless an appeal is taken from the decision of the city manager. Such an appeal is to the city council, shall be in writing, shall set forth the decision appealed from and the grounds for the appeal, and shall be filed with the city manager within ten days after the appellant received notice of the city manager's decision.

(d) Upon receiving the appeal from his or her decision the city manager shall schedule the appeal for consideration of the city council within 30 days and shall give the appellant ten days' notice of the time and place of the council meeting. After the appellant has been heard by the city council, the council shall decide the matter. The decision of the city council is final.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

If the city council decision on the appeal requires that it adopt an ordinance, the city council shall adopt the ordinance within 45 days after it closes the public hearing. In all other cases, the city council decision on appeal shall be by resolution. The city council shall adopt the resolution within 30 days after it closes the public hearing. Within five days after adoption, the city manager shall have a copy of the resolution or ordinance, as the case may be, furnished to the applicant, appellant (if applicable), the planning director and any other parties to the proceedings. The decision of the city council is final.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

A person shall not seek judicial review of a city decision on a permit or other matter under this title until all appeals, if applicable, have been first exhausted in compliance with this article.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

(a) The zoning administrator or the planning commission, as the case may be, may reconsider its decision upon request from an interested party to do so if it determines that new or different facts that could not have been presented previously warrant the reconsideration.

(b) The request for reconsideration shall be filed in writing within the time allowed to appeal, setting forth the factual or legal matters which were not considered. The zoning administrator or the planning commission shall act upon the request at the next meeting. If the request is denied, the time to appeal is extended only the number of days required to hear and decide the request. If the request is granted, each person recording his appearance at the initial hearing is entitled to mailed notice of the time of the new hearing.

(Ord. No. 656, § 1(exh. A), 5-14-2018)

When the city denies an application for rezoning, land use permit, variance, subdivision, minor subdivision or site plan and building elevations approval and the denial becomes final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final, except as provided in Section 6-227 for denial "without prejudice."

(Ord. No. 656, § 1(exh. A), 5-14-2018)