Chapter 2.72 — Palm Desert Municipal Code

§ 2.72.010. Appeals to the city council.¶

A. Unless an appeal procedure is otherwise specified in this code, and subject to subsection B of this section, any person aggrieved by a decision involving the denial, conditional approval, suspension, or revocation of a permit, license, or other approval applied for or held by that person pursuant to any provision of this code may appeal to the city council by filing with the city clerk a written notice of appeal.
B. Notwithstanding the provisions of subsection A of this section, no right of appeal to the city council from any administrative decision made by a city official shall exist when that decision is ministerial and does not involve the exercise of administrative discretion or personal judgment.
(Ord. 1134 § 1, 2007)

§ 2.72.020. Procedure for appeals.¶

A. No notice of appeal will be processed unless filed within ten days after service of written notice of the decision from which the appeal is taken; provided that if written notice of the decision has not been served, the appellant may, within ten days after being apprised of that decision, demand service of written notice and will have ten days following that service in which to file the notice of appeal.
B. For purposes of this section, service upon the appellant means either personal delivery or placement in the United States mail, postage prepaid, and addressed to the appellant's last known address.
C. The notice of appeal must specify the specific decision from which the appeal is taken, the specific grounds for the appeal, and the relief or action requested from the city council. If the notice of appeal fails to set forth any information required by this paragraph, the city clerk will return the notice to the appellant with a statement of the deficiency, and the appellant will thereafter have five days in which to cure the deficiency and to refile the notice of appeal.
D. The notice of appeal must be accompanied by such fee as may have been established by resolution of the city council.
(Ord. 1134 § 1, 2007)

§ 2.72.030. Hearing and notice.¶

Upon the timely filing of a notice of appeal in proper form, the city clerk will schedule the matter for hearing by the city council at a regular meeting, but not later than forty-five days after receipt of the notice of appeal. The city clerk will cause the notice of hearing to be given to the appellant not less than ten days prior to the hearing, unless that notice is waived in writing by the appellant. The city clerk will also cause a copy of the notice of appeal and the hearing to be transmitted to the city official or body whose decision is being appealed. (Ord. 1134 § 1, 2007)

§ 2.72.040. Conduct of hearings.¶

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City of Palm Desert, CA

PALM DESERT CODE

§ 2.72.040

§ 2.72.050

A. At the time of consideration of the appeal by the city council, the appellant will be limited to a presentation on the specific grounds of appeal and related matters set forth in its notice of appeal. Appellant will have the burden of persuading the city council that the decision appealed from should be reversed or modified.
B. The city council may continue the hearing on the appeal from time to time as deemed necessary by the city council. The city council may, by resolution, affirm, reverse, or modify, in whole or in part, the decision appealed from and may take any action that might have been taken in the first instance by the city official or body from whose decision the appeal has been taken.
C. The decision of the city council will be deemed final and conclusive upon adoption of the resolution. A copy of the resolution adopted by the city council will be served upon the appellant by placement in the United States mail, postage prepaid, to the appellant's last known address.
(Ord. 1134 § 1, 2007)

§ 2.72.050. Sequencing of appeal hearings.¶

When an appeal may be heard by two or more bodies, the appeal shall be heard in the following sequence, with the city council considering the appeal last, when practical:

A. Administrative Hearing Bodies. Appeals shall first be heard by the appropriate administrative hearing body with subject-matter jurisdiction.
B. Appoint Bodies. If applicable, appeals shall next be heard by any relevant appointed bodies that provide recommendations to the city council.
C. City Council. The city council shall hear the appeal last, ensuring that all preceding bodies have rendered their decisions or recommendations before the matter is brought before the city council.
(Ord. 1415, 7/11/2024)

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City of Palm Desert, CA

ADMINISTRATION AND PERSONNEL

§ 2.74.010

§ 2.74.050