Article XXVII — Appeals[12 ]

• A. Any administrative interpretation made by the director of community development or designee may be appealed to the planning commission by any person, provided such appeal is submitted within ten days of notification of such administrative interpretation. The planning commission shall review the appeal at the earliest available planning commission public hearing, notice thereof to be given in the time and manner as provided in Article XXIX of this chapter.

• B. In the case when the petitioner is not satisfied with the action of the planning commission in deciding any appeal of an administrative interpretation of the provisions of this chapter, or any action of the planning commission in making a determination on any provisions of this chapter, the petitioner may appeal such action to the city council, provided such appeal is submitted within ten days of the planning commission determination.

• C. The city council shall review the appeal at the earliest available city council public hearing, notice thereof to be given in the time and manner provided in Article XXIX of this chapter. Such determination shall be by resolution of the city council and shall be rendered not more than forty-five days after receipt of the resolution of the planning commission.

  1. Whenever the city council is called upon to determine whether or not the use of land or any structure in any zoning district is similar in character to the particular uses allowed in a district, the city council shall consider the following factors as criteria for their determination, in addition to other comparisons:

     • a. Effect upon the public health, safety, and general welfare of the neighborhood involved and the city at large;

     • b. Effect upon traffic conditions; and

     • c. Effect upon the orderly development of the area in question and the city at large in regard to the general planning of the whole community.

(Formerly 10.05.1500; 1966 Code § 8701; 1976 Code § 10-1.1102; Ord. 231; Ord. 726 § 2 (Att. A))

Any final action of the planning commission taken at any public hearing on any design review permit, conditional use permit, exception, variance, or other matter for which the commission has final approval authority may be appealed to the city council by any person, provided such appeal is submitted within ten days of the planning commission action. (Ord. 726 § 2 (Att. A))

Appeals shall be made in writing and filed with the city clerk, accompanied by a fee set by the city council.

12. Prior legislation: 1966 Code § 8700, 1976 Code § 10-1.1101 and Ord. 231.

Downloaded from https://ecode360.com/MI4538 on 2026-05-11

City of Millbrae, CA § 10.05.2720

MILLBRAE CODE

§ 10.05.2760

(Formerly 10.05.1510; 1966 Code § 8702; 1976 Code § 10-1.1103; Ord. 231; Ord. 726 § 2 (Att. A))

Upon receipt of such appeal, the city council shall set the matter for public hearing, notice thereof to be given in the time and manner as provided in Article XXIX of this chapter; provided, that where such appeal concerns itself with interpretation of, or determination under, the provisions of this chapter, the posting of notices shall not be required.

(Formerly 10.05.1520; 1966 Code § 8703; 1976 Code § 10-1.1104; Ord. 231; Ord. 726 § 2 (Att. A))

Notice shall be given to the planning commission of such appeal and a report shall be submitted by the planning commission to the city council, setting forth the reasons for the action taken by the planning commission. Such report shall be submitted in writing and be represented at the city council hearing.

(Formerly 10.05.1530; 1966 Code § 8704; 1976 Code § 10-1.1105; Ord. 231; Ord. 726 § 2 (Att. A))

The decision of the city council shall be rendered not more than forty-five days after the close of the hearing.

(Formerly 10.05.1540; 1966 Code § 8705; 1976 Code § 10-1.1106; Ord. 231; Ord. 726 § 2 (Att. A))

• A. In the absence of an appeal by any person of the decision of the planning commission and within ten days of the date of the action of the planning commission, the city council, or any member thereof, may request a review of the action of the planning commission in connection with any application for the granting of any design review permit, conditional use permit, exception, or variance. Said request for review shall be submitted in writing to the city clerk.

• B. The action of the planning commission concerning any application which is to be reviewed shall be suspended pending a final determination by the city council.

• C. Following its review at a public hearing, the city council, by the affirmative vote of a majority of its members, may:

  1. Approve the permit as requested when such permit is deemed to be in the public interest; or

  2. Impose additional conditions or modify conditions previously imposed by the planning commission; or

  3. Deny the permit when such denial is deemed to be in the public interest.

• D. Failure of the city council to act upon the appeal by a majority vote shall be deemed as

Downloaded from https://ecode360.com/MI4538 on 2026-05-11

City of Millbrae, CA

PLANNING AND ZONING

§ 10.05.2760

§ 10.05.2760

approval of the action of the planning commission. A tie vote by the city council will not overturn the action of the planning commission and the action of the planning commission will stand.

(Formerly 10.05.1550; 1966 Code § 8706; 1976 Code § 10-1.1107; Added by Ord. 254 § 2; Ord. 726 § 2 (Att. A))

Downloaded from https://ecode360.com/MI4538 on 2026-05-11

City of Millbrae, CA § 10.05.2800

PLANNING AND ZONING

§ 10.05.2840

Article XXVIII Amendments[13 ]

Except as otherwise provided in this article, any amendment to this chapter shall be initiated and adopted as other provisions of this code are amended or adopted. (Formerly 10.05.1560; 1966 Code § 8800; 1976 Code § 10-1.1201; Ord. 231; Ord. 726 § 2 (Att. A))

Any amendment to this chapter which changes any property from one zoning district to another, imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation shall be initiated and adopted by ordinance as hereinafter set forth in this article. (Formerly 10.05.1570; 1966 Code § 8801; 1976 Code § 10-1.1202; Ord. 231; Ord. 726 § 2 (Att. A))

• A. Any amendment of the nature specified in MMC § 10.05.2810 may be initiated by:

  1. The filing with the planning commission of a resolution of intention of the city council;

  2. Adoption of a resolution of intention by the planning commission; or

  3. Filing with the planning commission a petition of one or more record owners of property (or their authorized agent) which is the subject of the proposed amendment.

• B. Where such petition is filed by an agent, it shall be accompanied by a copy of the instrument signed by an owner and designating the agent. A petition for amendment shall be on a form designated by the community development department and shall be accompanied by a fee, as set by the city council.

• (Formerly 10.05.1580; 1966 Code § 8802; 1976 Code § 10-1.1203; Ord. 231; Ord. 726 § 2 (Att. A))

Upon receipt of a petition or resolution of intention of amendment, the planning commission shall set a date for a public hearing thereon, but not later than forty-five days after the receipt of said petition or resolution.

(Formerly 10.05.1590; 1966 Code § 8803; 1976 Code § 10-1.1204; Ord. 231; Ord. 726 § 2 (Att. A))

The public hearing shall be noticed in the time and manner as provided in Article XXIX of this chapter. The city council, at its discretion, may cause additional notice of any public hearing to be given by postcard through the United States mail with postage prepaid and using addresses

13. Prior legislation: 1966 Code § 8806, 1976 Code § 10-1.1207 and Ord. 231.

Downloaded from https://ecode360.com/MI4538 on 2026-05-11

City of Millbrae, CA

PLANNING AND ZONING

§ 10.05.2840

§ 10.05.2870

from the most recently adopted county tax roll. (Formerly 10.05.1600; 1966 Code § 8804; 1976 Code § 10-1.1205; Amended by Ord. 504 § 3; Ord. 231; Ord. 726 § 2 (Att. A))

Each posted notice of any rezoning pursuant to MMC § 10.05.2810 shall consist of the words "Notice of Proposed Zoning Change" in letters not less than one inch in height, and in addition thereto, a statement in small letters setting forth a general description of the property proposed to be affected, the existing and proposed zoning district designations, the time and place of the public hearing thereon, and such other information as the planning commission deems necessary. (Formerly 10.05.1610; 1966 Code § 8805; 1976 Code § 10-1.1206; Ord. 231; Ord. 726 § 2 (Att. A))

After the close of the public hearing, or continuation thereof, the planning commission shall make a report of its findings and its recommendation with respect to the proposed amendment. The report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendation shall be transmitted to the city council within ninety days after the first notice of hearing thereon; provided, however, that such time may be extended with the consent of the city council or the petitioner for such amendment.

(Formerly 10.05.1630; 1966 Code § 8815; 1976 Code § 10-1.1208; Ord. 231; Ord. 726 § 2 (Att. A))

Upon receipt of the recommendation of the planning commission, the city council shall set the matter for public hearing to be held within but not later than forty-five days of receipt of the planning commission recommendation, notice thereof to be given in the time and manner provided in Article XXIX of this chapter. After the conclusion of such hearing or continuations thereof, the city council may, within one year, adopt the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the council deems desirable. (Formerly 10.05.1640; 1966 Code § 8816; 1976 Code § 10-1.1209; Ord. 231; Ord. 726 § 2 (Att. A))

Downloaded from https://ecode360.com/MI4538 on 2026-05-11

City of Millbrae, CA

PLANNING AND ZONING

§ 10.05.2900

§ 10.05.2900