Chapter 17.92 — APPEALS

A.

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

Decisions by the City Manager or His Designee. Any decision by the city manager or his designee including zoning clearances, may be appealed to the planning commission.

Planning Commission Decisions. Any decision by the planning commission may be appealed to the city council.

City Council Review/Appeal.

a.

Any member of the city council within ten (10) days from the date of the review authority's action may request the opportunity to review/discuss any decision rendered by the city manager, his designee or the planning commission.

b.

The city council may appeal any decision by the city manager, his designee, or the planning commission at the next available city council meeting if a member of the city council has requested the opportunity to review the decision within ten (10) calendar days from the date of the review authority's action. A majority vote of the city council is required to initiate the appeal.

B.

Statute of Limitations. The decision of the city council shall be final on all matters unless an appeal is filed with the Superior Court of the county of Glenn within thirty (30) days after the decision of the city council.

(Ord. 2007-05 § 3 (part))

A.

Timing and Form of Appeal.

Appeals shall be submitted in writing, and filed with city clerk, on an application form, within ten (10) days from the date of the review authority's action.

The appeal shall state the pertinent facts of the case and the basis for the appeal.

Appeals shall be accompanied by the filing fee set by the city council.

B.

Scheduling of Hearing and City Manager's Report. When an appeal has been filed, the city manager shall schedule the matter for consideration by the appropriate appeal body identified in Section 17.92.010 and prepare a report on the matter. If the matter originally required a noticed public hearing, the city clerk shall give notice in the same manner followed for the original hearing, in compliance with Section 17.88.040.

C.

Review by City Manager.

The city manager shall determine if the appeal was filed within the applicable time limits and shall summarily reject any appeal which was filed beyond the time limits. Further, the city manager shall determine if the appeal contains sufficient information as required by subsection A, Timing and Form of Appeal, above.

If the city manager determines that the information in the appeal is incomplete, the city manager shall immediately notify the appellant of the insufficiency and allow the appellant an additional seven days in which to correct the deficiency.

If upon the expiration of any additional time, the city manager determines that the statement on appeal is still insufficient, the city manager shall summarily reject the appeal.

D.

City Attorney's Authority to Summarily Reject Appeal. Upon presentation of the notice of appeal, together with the required statement on appeal, the city manager may summarily reject the appeal if the city attorney finds that the matter being appealed is a requirement of law.

E.

Action. At the hearing, the appeal body may consider any issue involving the matter being appealed, in addition to the specific grounds for the appeal.

The appeal body may, by resolution, affirm, affirm in part, or reverse the action, the decision, or determination of the original review authority.

When reviewing an appeal, the appeal body may:

a.

Deny the permit or entitlement, even though the appeal only requested relaxation or elimination of one or more of the conditions imposed on the permit or entitlement; or

b.

Impose additional conditions that may address other issues or concerns than the original subject of the appeal.

The appellant shall present all available evidence and testimony at the appeal hearing unless the appellant can demonstrate, to the satisfaction of the appeal body, that new information:

a.

Was not available to the appellant; or

b.

The appellant could not have participated in the review process because they could not have known about the review process.

If new or different evidence is presented on appeal, the planning commission or city council may, but shall not be required to, refer the matter to the city manager, his designee or the planning commission for further consideration.

(Ord. 2007-05 § 3 (part))

A.

All interpretation and decision of the administrative staff authorized by this title are subject to appeal. Appeals of any administrative interpretation or decision, shall be made by filing a written appeal with the city clerk. The planning commission shall hear and decide on the appeal within forty-five (45) days of filing the appeal, and shall make findings supporting their decision on the matter. The decision of the planning commission on such matters can be appealed to the city council, who also shall review and decide on such appeal, if filed, within forty-five (45) days of such filing of the appeal with the city clerk.

B.

All such appeals shall be filed with the city clerk within ten (10) calendar days of the final action by the planning commission or city manager.

C.

The city council will conduct the appeal as a de novo hearing and may approve, deny or modify conditions of approval. The city council may also refer the matter back to staff or the planning commission for

additional consideration or to obtain additional information.

(Ord. 2007-05 § 3 (part))