Larkspur Municipal Code Ch. 2.50 Appeal, Review and Rehearing of Decisions

Sections: 2.50.010 Purpose. 2.50.020 Definitions. 2.50.030 City Council Review. 2.50.040 Procedure for Appeal or Rehearing. 2.50.050 Evidence. 2.50.060 Time Limitation for Appeals and Rehearings. 2.50.070 Time Limitation for Issuance of Permits. 2.50.080 Fees. 2.50.090 Notice of Appeal, Rehearing or Review. 2.50.100 Order of Application for Appeal. 2.50.110 Exhaustion of Administrative Remedies. 2.50.120 Exclusive Procedures. 2.50.130 Limitations on Judicial Review. 2.50.140 Majority Vote. 2.50.150 Action Suspended Decision. 2.50.160 Subsequent Appeal Sections Superseded.

The purpose of this chapter is to provide an orderly and fair method of appeal, rehearing, and review of decisions of staff, committees, boards, commissions and Council of the City. (Ord. 1030 § 2(2), 2018; Ord. 751 § 2, 1987)

As used in this chapter, the following terms shall have the meanings set forth herein below:

“Affected person(s)” means any member of the public, including the applicant, any City staff member, committee, commission, board or council who has an interest in the matter at issue or whose health, safety or welfare may be affected by the decision.

“Appeal” means reconsideration by a higher authority of the specific facts and circumstances of any final decision made by the City, any of its employees, committees, boards or commissions, excluding decisions to issue ministerial permits.

“Appellant” means the affected person(s) who filed for rehearing, review, or appeal of a decision.

“Applicant” means the person who applied for or requested the decision or action which is the subject of the appeal, rehearing or review.

“Council” means the Larkspur City Council.

“Decision” means any final decision, finding, ruling, order or action.

“Permit,” as used in Larkspur Municipal Code Section 2.50.070, means anything referred to elsewhere in this code as being a permit, license, or encroachment.

“Rehearing” means reconsideration of a decision by the person or body having made the decision.

“Review” means review of the decision of any City employee, committee, board or commission by the City Council, on its own motion, in order to consider the broad legislative and policy factors involved. (Ord. 1030 § 2(2), 2018; Ord. 898 § 2, 1997; Ord. 751 § 2, 1987)

Within the time limits set forth in Larkspur Municipal Code Section 2.50.060, any Councilmember may request that a decision of any City employee, committee, board or commission be reviewed by the City Council. The request for the review shall be filed with the City Clerk according to the time limits set forth in Larkspur Municipal Code Section 2.50.060. Said review shall be conducted no later than the second regular Council meeting which follows the request for review and which allows sufficient time for the giving of notice as required by Larkspur Municipal Code Section 2.50.090. Upon receipt of the request for review, the City employee, committee, board or commission must, within seven (7) calendar days of the review hearing, transmit to the City Clerk all exhibits pertaining thereto together with any required findings. (Ord. 1030 § 2(2), 2018; Ord. 751 § 2, 1987)

A. Any affected person may, within the time limits set forth in Larkspur Municipal Code Section 2.50.060, file an application for appeal or rehearing with the Secretary or Clerk of the official or body who will act on the appeal or rehearing. Said application shall contain sufficient information to identify the party, their interest in the matter, the reasons for requesting an appeal or rehearing, and the specific remedy or action the affected person wishes taken. Upon receipt of the copy of the notice of appeal or rehearing, the official must, within seven (7) calendar days of the appeal hearing, transmit to the Secretary or Clerk of the body who will act on the appeal or rehearing, all exhibits pertaining thereto, together with any required findings.

B. If the appeal or rehearing is requested of an individual or body which conducts regularly scheduled meetings, the appeal or rehearing shall be considered no later than the second regular meeting which follows the request for appeal or rehearing and which allows sufficient time for the giving of notice as required by Larkspur Municipal Code Section 2.50.090 unless such time limits are extended by the mutual consent of the affected persons. Appeals or rehearings involving tentative and parcel maps shall comply with requirements of the Subdivision Map Act, Government Code Section 66410 et seq.

C. If the appeal or rehearing is requested of an individual or body which does not conduct regularly scheduled meetings, the appeal or rehearing shall be considered not more than ten (10) days following receipt of the appeal or rehearing application; provided, that the time period may be extended if necessary to allow the giving of notice as required by Larkspur Municipal Code Section 2.50.090. (Ord. 1030 § 2(2), 2018; Ord. 751 § 2, 1987)

A. A rehearing shall be held upon presentation of any relevant or material evidence not available or not heard at the time of the original consideration of the matter.

B. An appeal or review hearing shall consist of a new hearing on the matter by the person or body specified in Larkspur Municipal Code Section 2.50.100. The appeal hearing shall be based on the following evidence:

1. Evidence, including staff reports, submitted and obtained only at the time of the decision being
appealed; and

2. Findings and decision of the person or body whose decision is being appealed. (Ord. 1030 § 2(2), 2018;
Ord. 751 § 2, 1987)

All applications for appeals and rehearings shall be filed by the close of regular office hours and within the time limits hereinafter set forth:

A. For all matters relating to the approval, disapproval or extension of tentative and parcel maps, within ten (10) days of the date of the final decision subject to appeal or rehearing or as may be subsequently required by the Subdivision Map Act, Government Code Section 66410 et seq.

B. For all other items, within ten (10) days from the date of the final decision subject to the appeal or rehearing. (Ord. 1030 § 2(2), 2018; Ord. 929 § 1, 2004; Ord. 751 § 2, 1987)

If, as a prerequisite to obtaining a permit, there is a requirement that prerequisite permits, variances, or other discretionary determinations be obtained, the permit shall not be issued until the expiration of time limits specified in Larkspur Municipal Code Section 2.50.060 with respect to the prerequisite permits, variances and determinations. If an application for an appeal or rehearing to an official or body other than the City Council regarding the prerequisite permits, variances or other determinations is filed within the time limits prescribed in Larkspur Municipal Code Section 2.50.060, the permit sought shall not be issued until fifteen (15) days following the final decision of the appeal or rehearing concerning the prerequisite permit, variances, or other necessary decisions. The permit sought may be issued immediately, if appropriate, following the action of the City Council on an appeal, rehearing, or review.

Any permit issued in violation of the provisions of this section shall be void. (Ord. 1030 § 2(2), 2018; Ord. 751 § 2, 1987)

Each application for appeal or rehearing shall be accompanied by a processing fee in an amount determined by resolution of the City Council. (Ord. 1030 § 2(2), 2018; Ord. 751 § 2, 1987)

Notice of appeal, rehearing or review shall be given in the same manner as notice was given for the hearing in which the decision was rendered and which is subject to the appeal, rehearing or review. In all cases, written notice shall be given to the applicant and the person requesting the appeal or rehearing. (Ord. 1030 § 2(2), 2018; Ord. 751 § 2, 1987)

Applications for appeal shall be made in the following order:

A. From a decision of City staff to the Department Head.

B. From a decision of the Department Head to the City Manager; except that an appeal from the decision of the Community Development Director shall be made to the Planning Commission and that an appeal from the decision of the Community Development Director pertaining to heritage trees shall be made to the Planning Commission.

C. From a decision of the City Manager to the City Council.

D. From a decision of any City committee, board or commission to the City Council. (Ord. 1094 § 10, 2026; Ord. 1069 § 6, 2023; Ord. 1062 § 14, 2022; Ord. 1030 § 2(2), 2018; Ord. 751 § 2, 1987)

Unless appealed, reheard or reviewed as herein provided, any decision becomes final for all purposes. The decision of the Council on an appeal constitutes the exhaustion of administrative remedies as a condition precedent to filing any court action thereon. (Ord. 1030 § 2(2), 2018; Ord. 853 § 4 (part), 1993; Ord. 751 § 2, 1987)

The procedures set forth in this chapter are the exclusive methods by which appeals, rehearings and Council reviews may be pursued and none of the steps set forth herein may be waived or omitted. (Ord. 1030 § 2(2), 2018; Ord. 853 § 4 (part), 1993; Ord. 751 § 2, 1987)

Notwithstanding any provision of this code to the contrary, no court action or proceeding to attack, review, set aside, void or nullify any decision or procedure of the City of Larkspur, its Council, commissions, boards or officers which has become administratively final shall be maintained by any aggrieved person unless duly commenced in a court of competent jurisdiction within the time periods prescribed in the Code of Civil Procedure, Government Code, Public Resources Code, or any other applicable California statutory provision as may be amended from time to time. (Ord. 1030 § 2(2), 2018; Ord. 853 § 4 (part), 1993; Ord. 751 § 2, 1987)

When the appeal, rehearing or review is before any City committee, board, commission, or City Council, the act or appellate determination from which an appeal is taken may be reversed or modified only upon an affirmative vote of a majority of the authorized membership of such City committee, board, commission or City Council. (Ord. 1030 § 2(2), 2018; Ord. 853 § 4 (part), 1993; Ord. 751 § 2, 1987)

Pending decision on an appeal, review or rehearing under this chapter, all rights emanating from the permit, license or from the clear entitlement which is the subject matter of the appeal, shall be suspended. (Ord. 1030 § 2(2), 2018; Ord. 853 § 4 (part), 1993; Ord. 751 § 2, 1987)

All appeal provisions in the Larkspur Municipal Code established prior to adoption of the provisions of this chapter are hereby repealed and the same shall be and are hereby superseded by the provisions of this chapter. (Ord. 1030 § 2(2), 2018; Ord. 853 § 3, 1993)