Millbrae Municipal Code § 10.05.2700 Appeals of interpretations and determinations

[1]

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

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.

(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 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))