Chapter 17.43 — APPEALS

Any interested person, including but not limited to a resident, a member of the City Council or the Planning Commission, the Planning Director, the City Engineer and the City Manager may appeal a decision of any component of the City of Orinda Planning Agency. (Ord. 02-03 §§ 30, 33: Ord. 99-5 § 2 Exh. A (part))

An appeal of a decision under this title must be filed on or before the tenth calendar day after the decision is made, even if written findings are ratified after the date the decision is made. There is no right to appeal a decision after the ten-day period has run. (Ord. 99-5 § 2 Exh. A (part))

To appeal a decision of the planning agency, a written notice of appeal in a form approved by the Planning Director from time to time shall be submitted. The form shall specify the grounds for the appeal in sufficient detail to enable other interested persons to prepare a response. The Planning Director shall have final authority to determine if a notice of appeal meets this specificity requirement and may require amendment of an inadequate notice of appeal prior to setting the matter for hearing. An inadequate notice of appeal shall not toll the ten-day appeal filing period. (Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

The appellant, but not city employees and officials, shall be required to file a fee to offset the costs of the appeal in the amount established by the City Council from time to time. (Ord. 99-5 § 2 Exh. A (part))

Notice of a hearing on an appeal shall be given in the same manner as notice was given for the initial hearing of the proposed project. (Ord. 99-5 § 2 Exh. A (part))

The appeal shall be set for hearing as soon as is reasonable and practical. A. Hearing Body. An appeal of a decision of the Zoning Administrator shall be heard by the Planning Commission. An appeal of a decision of the Planning Commission, including a decision on an appeal from the Zoning Administrator, shall be heard by the City Council. B.

Type of Hearing. The hearing of an appeal is a de novo hearing. The body hearing the decision is not bound or limited in any way by the evidence or the decision in the hearing appealed from. The appellate body shall not affirm, modify or overturn the original decision; the appellate body shall make its own independent decision. However, the appellate body may consider the information in the record of the prior hearing in reaching its decision on the appeal. C. Subject of Hearing. The plans or other proposal which will be considered by the City Council on appeal from the Planning Commission shall be only the plans or other proposal before the Planning Commission at the time of the commission's decision. The appellant shall offer no new plans or proposals, and no variations of a plan or proposal, on appeal. D. Opportunity to Speak. Each person interested in an appeal shall be given an opportunity to be heard, consistent with the rules and regulations of the appellate body. E. Presentation of Evidence. In a public hearing for an appeal of a final determination by the Zoning Administrator or the Planning Commission, the applicant shall speak first and shall have the right to respond after all other speakers have given testimony. F. Voting. Except as otherwise provided, an affirmative vote of a majority of a quorum is required to approve or conditionally approve an application on appeal. If there is a tie, or that majority otherwise does not exist, the application shall be deemed to have been denied. (Ord. 02-03 § 31: Ord. 99-5 § 2 Exh. A (part))

A decision on an appeal of a decision on an application for a permit or approval required under this title shall be in writing. Specific findings of fact shall be made for all applicable standards, to approve the project on appeal. To deny the project on appeal, specific findings of fact showing the failure to meet one standard shall be sufficient. Findings shall be based on substantial evidence. "Substantial evidence" is specific credible, factual evidence which is relevant to the applicable standard. "Substantial evidence" excludes speculation and unsubstantiated opinion, as well as irrelevant facts and opinions. Conditions of approval may be imposed as reasonably necessary to achieve the purposes of this title and the general plan. (Ord. 99-5 § 2 Exh. A (part))

Any interested person, including but not limited to a resident, a member of the City Council or the Planning Commission, the Planning Director, the City Engineer and the City Manager may seek reconsideration of a

quasi-adjudicative decision under this title made by the City Council, but not of other components of the Planning Agency. Only a member of the Council who voted on the application or appeal may make a motion to reconsider or vote on the motion to reconsider. A. Grounds. The City Council may reconsider a final decision if the City Council first finds that there were important factual or legal matters not presented at the hearing which were not discoverable by reasonable means at the time of the hearing. Reconsideration is not appropriate to rehear the same evidence and arguments. The failure of a potential witness to testify, or the failure of a party to present available evidence, shall not be a valid basis for reconsideration. B. Form of Request. The request for reconsideration shall be filed in writing within ten calendar days of the decision for which reconsideration is sought. The application must cite with specificity what important factual or legal matters were not presented and why they were not discoverable by reasonable means at the time of the hearing. C. Notice. If the request is granted, the city shall give notice in the same manner provided for the giving of notice of the original application. D. Hearing Date. The request shall be acted upon at the next regular business meeting of the decisionmaking body, with allowance for preparation of an agenda and staff report on the request. E. Voting. If the request for reconsideration is made by a member of the Council, that member shall not participate in the discussion or decision on either matter, but the member may give testimony during the public hearing. F. Fee. The applicant, but not city employees and officials, shall be required to file a fee to offset the costs of the reconsideration in the amount established by the City Council from time to time, which shall be the same as the fee for an appeal. (Ord. 02-03 § 33 (part); Ord. 99-5 § 2 Exh. A (part))

Section 1094.6 of the Code of Civil Procedure applies to adjudicatory decisions made under this title. (Ord. 99-5 § 2 Exh. A (part))