Part 6 — Appeals

• (a) The purpose of this part is to provide an orderly and fair method of appeal, rehearing or review of administrative decisions of the Planning Commission, or Community and Economic Development Director, relating to the provisions of this chapter. However, this part shall not apply where other specific procedures for appeal, rehearing, or review are established by other provisions of the Municipal Code.

• (b) Any interested person adversely affected with an act, decision, or determination of the Planning Commission, or Community and Economic Development Director, relating to the provisions of this chapter, may appeal such act, decision, or determination by filing written notice thereof with the Community and Economic Development Director, or with the Clerk of the City of Los Banos (in the case of an appeal of a Planning Commission decision), not later than 5:00 p.m. 10 days after the day on which the act, decision, or determination being appealed was made. If such date falls on a weekend or City holiday, then the deadline shall be extended until 5:00 p.m. the next business day. The first day of the appeal period is the day following the action. A filing fee set by resolution of the City Council shall accompany the notice of appeal.

• (c) The filing of the notice of appeal shall have the effect of staying the issuance of any permit, license, or entitlement until such time as the matter is disposed of on appeal.

• (d) The notice of appeal shall state the act, decision, or determination which is being appealed, the identity of the appellant and his or her interest in the matter, and shall set forth in concise statement the reasons which, in the opinion of the appellant, render the decision made unjustified or inappropriate.

• (§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010,

• § 3, Ord. 1119, eff. July 18, 2014, and § 1, Ord. 1137, eff. October 2, 2015)

• (a) The Planning Commission shall hear and decide all appeals from the actions of the Community and Economic Development Director, relating to the provisions of this chapter. Upon receipt of a notice of appeal to be heard by the Planning Commission, the Community and Economic Development Director shall set the same for hearing not later than 30 days following the date the notice of appeal was filed. Notice of the hearing shall be given in the same manner as was given for the hearing in which the decision was rendered and which is subject to appeal; provided, however, that if the act, decision, or determination being appealed did not require a hearing notice, no notice other than 10 days' prior notice to the appellant and applicant shall be required.

• (b) The Planning Commission may review the entire proceeding or proceedings relating to the act, decision, or determination being appealed, and in the process of such review may rehear the matter anew (de novo) and may by majority vote confirm, overturn, or confirm with modifications the actions of the Community and Economic Development Director. Any hearing may be continued from time to time. In the case of a tie vote, the decision appealed from shall stand. The Planning Commission's decision on appeal shall be effective 10 days from the date of the decision.

• (§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, § 3, Ord. 1119, eff. July 18, 2014, and § 2, Ord. 1137, eff. October 2, 2015)

• (a) The City Council shall hear and decide all appeals from the actions of the Planning Commission relating to the provisions of this chapter. Upon receipt of a notice of appeal of a decision of the Planning Commission, the Clerk of the City of Los Banos shall set the same for hearing, not later than 30 days following the date the notice of appeal was filed. Notice of the hearing shall be given in the same manner as was given for the hearing in which the decision was rendered and which is subject to the appeal; provided, however, that if the act, decision, or determination being appealed did not require a hearing notice, no notice other than 10 days' prior notice to the appellant and applicant shall be required.

• (b) The City Council may review the entire proceeding held before the Planning Commission and in the process of such review may rehear the matter anew (de novo), and may by majority vote confirm, overturn, or confirm with modifications the actions of the Planning Commission. In the case of a tie vote, the decision appealed from shall stand. Any hearing may be continued from time to time. The City Council's decision on appeal shall be effective immediately.

• (§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, § 3, Ord. 1119, eff. July 18, 2014, and § 3, Ord. 1137, eff. October 2, 2015)

Any court action or proceeding to attack, review, set aside, void, or annul any decision of matters listed in this Code, shall not be maintained by any person unless such action or proceeding is commenced and service of summons effected within 30 days after the effective date of such decision. Thereafter, all persons are barred from any such action or proceeding.

(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 200, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)

Following the hearing on the appeal, the Planning Director shall transmit a notice of the decision of the granting authority to the appellant and the applicant and a copy of said notice shall be kept in the Planning Department office.

(§ 1, Ord. 933, eff. September 19, 1997, as amended by § 202, Ord. 1095, eff. November 20, 2010, and § 3, Ord. 1119, eff. July 18, 2014)