Marina Municipal Code Ch. 17.70 Appeals

Sections: Purpose. Appeal subjects and appeal authority. Filing of appeals. Processing of appeals. Prior legislation: Ords. 77-10 and 2020-07 § 2; Zoning Ordinance dated 7/94.

Determinations or actions of the community development director or his/her designee, or planning commission may be appealed by this chapter. (Ord. 2025-03 § 3 (Exh. A), 2025)

Determinations and actions that may be appealed, and the authority to act upon an appeal, shall be as follows:

A. Staff Determinations. The following determinations and actions of the community development director or his/ her designee may be appealed to the planning commission and then to the council: 1. Director’s determinations on the meaning or applicability of these regulations that are believed to be in error. B. Decisions of Review Authorities. Generally, decisions of the director and the tree committee may be appealed to the planning commission, and decisions of the planning commission may be appealed to the council. When a single project requires two or more permit applications with different appeal authorities, or where statutory deadlines would interfere with the city’s final action on an application if the application were subject to multiple appeals, any appeal of the project shall go directly to the highest appeal authority. The decision of the city council shall be final. If an appeal is filed for a project that utilized the city’s objective design standards for a housing development project as defined by Government Code Section 65589.5, the appeal must be based on identifying an inconsistency with an objective standard that is consistent with state law and filed with the city during the standard appeal period for a development project. (Ord. 2025-03 § 3 (Exh. A), 2025)

A. Who May File an Appeal. An appeal may be filed by: 1. Any person aggrieved by an administrative determination or action by the department; or 2. Anyone who, in person or through an authorized representative, appeared at a 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. B. Timing and Form of Appeal. All appeals shall be submitted in writing on a city application and shall specifically state the pertinent facts of the case and the basis for the appeal. 1. Appeals shall be filed in the community development department or, in the case of appeals of planning commission actions, in the office of the city clerk, within ten calendar days following the final date of the determination or action being appealed. 2. Appeals shall be accompanied by a written report stating specifically wherein it is claimed there was an error or abuse of discretion by the commission or wherein its decision is not supported by substantial evidence in the record. The council shall only hear the appeal if the notice is filed and all required fees are paid within the ten-calendar-day appeal period. An appellant may submit a written request to withdraw their appeal any time before the scheduled hearing for the appeal. C. Scope of Appeals. An appeal of a decision on a community development permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or, in all other cases, must be based on information that was not generally known at the time of the decision that is being appealed. (Ord. 2025-03 § 3 (Exh. A), 2025)

A. Scheduling of Hearing. After an appeal has been received, the matter shall be placed on the next available agenda of the appeal authority that is within sixty days of the filing of such appeal. B. Notification of Applicant. Within three business days of receipt of an appeal, staff shall attempt to notify the applicant. C. Joining an Appeal. Only those persons who file an appeal within the time limit established shall be considered appellants. Any person who wishes to join an appeal shall follow the same procedures for an appellant. No person shall be allowed to join an appeal after the expiration of the time limit for appeals. D. Action and Findings. The appeal authority shall conduct a de novo public hearing. At the hearing, the appeal authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds identified in the appeal. 1. The appeal authority may affirm, affirm in part, or reverse the action, decision, or determination that is the subject of the appeal, based upon findings of fact about the case. The findings shall identify the reasons for the action on the appeal and verify the compliance or noncompliance of the subject of the appeal with these regulations. 2. When reviewing a decision on a community development permit, the appeal authority may adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal. 3. Effective Date of Appeal. A decision by any appeal authority other than the city council is effective on the eleventh day after the decision, if no appeal to the decision has been filed, or before the next regularly scheduled meeting. Because a decision by the city council is final, it is effective as of the date of the decision, unless the council specifies an alternative date. (Ord. 2025-03 § 3 (Exh. A), 2025) 17.72.010 17.72.020 17.72.030 17.72.040