Chapter 18.64 — APPEALS

The intent and purpose of this chapter is to establish provisions and regulations for any person aggrieved by the decisions of the zoning administrator, director of building and planning, design review board or planning commission, to appeal such decisions to the city council for final disposition thereof.

(Prior code § 9215.01)

Pursuant to the provisions of Article 3 , Chapter 4, Division 1, Title 7 of the Government Code of the state, the city council shall have and be vested with the power and authority, subject to the provisions of this chapter, to hear and decide upon all appeals from the decisions of the zoning administrator, director of building and planning, design review board, and/or planning commission. (Prior code § 9215.02)

Any person who is not satisfied with or who is aggrieved by the decisions made relative to the administration and enforcement of this title may file an appeal in the manner as set forth in Sections 18.64.040 through 18.64.080 of this chapter. (Prior code § 9215.03)

Any person dissatisfied with the actions and decisions of the zoning administrator resulting from the administration of this title may file an appeal therefrom with the planning commission at any time not more than fourteen calendar days after the decision of the zoning administrator has been rendered except as set forth in Chapter 18.48 . The appeal shall be made in the following manner:

• A. Application and Fees. Any person appealing the decision of the zoning administrator shall file with the director of community development an application therefor on forms prescribed thereby, accompanied by an application filing fee in an amount established by a resolution of the city council. The application shall set forth and include any information as the director of community development may require. Upon the filing of a verified application, the director of community development shall transmit the application forthwith to the planning commission or the design review board as set forth in Section 18.48.100 , and the planning commission or design review board shall investigate, examine, review, hear testimony from and on behalf of the applicant, and render its findings and decisions on the matter in the same manner as required for a decision to be rendered by the zoning administrator. In the event the zoning administrator was

required to hold and conduct a public hearing, so shall the planning commission in the same manner required therefor.

• B. Announcement of Planning Commission Decisions. The planning commission or design review board shall announce its decisions by formal written resolution within forty days after conclusion of its proceedings on the matter. The resolution shall recite and set forth, among other things, the facts, reasons and determinations which, in the opinion of the planning commission or design review board, make upholding or reversing the actions and decisions of the zoning administrator considered necessary to assure that due process and justice have been done, and shall uphold or reverse same. The planning commission or design review board shall forthwith give the applicant, zoning administrator, and/or any other persons having a vested interest therein, written notice of its actions and decisions together with a copy of the resolution.

• (Prior code § 9215.03 (A); Ord. 765 §§ 69, 70, 1989; Ord. 830 § 17, 1993)

Any person dissatisfied with the action and discretionary decisions of the design review board resulting from the administration of this title may file an appeal therefrom with the city council at any time not more than fourteen calendar days after the decision of the design review board has been rendered. The appeal shall be made in the following manner:

• A. Application and Fees. Any person appealing the decision of the design review board shall file with the director of building and planning an application therefor on forms prescribed thereby, accompanied by an application filing fee in an amount as established by a resolution of the city council. The application shall set forth and include any information as the director of building and planning may require. Upon the filing of a verified application, the director of building and planning shall transmit the application forthwith to the city council, and the city council shall investigate, examine, review and render its findings and decisions on the matter in the same manner as required for a decision to be rendered by the design review board. In event the design review board was required to hold and conduct a public hearing, so shall the city council in the same manner require therefor.

• B. Announcement of City Council Decisions. The city council shall announce its decisions by formal written resolution within forty days after conclusion of its proceedings on the matter. The resolution shall recite and set forth, among other things, the facts, reasons and determinations which, in the opinion of the city council, make upholding or reversing the actions and decisions of the design review board considered necessary to assure that due process and justice has been done, and shall uphold or reverse same. The city council shall forthwith give the applicant, design review board and/or any other persons having a vested interest therein, written notice of its actions and decisions together with a copy of the resolution.

• (Prior code § 9215.03 (B); Ord. 765 §§ 71, 72, 1989; Ord. 830 § 18, 1993)

Any person dissatisfied with the actions and decisions of the planning commission resulting from the administration of this title may file an appeal therefrom with the city council at any time not more than fourteen calendar days after the decision of the planning commission has been rendered. The appeal shall be made in the following manner:

• A. Application and Fees. Any person appealing the decision of the planning commission shall file with the city clerk an application therefor on forms prescribed thereby, accompanied by an application filing fee in an amount established by a resolution of the city council. The application shall set forth and include any information as the city clerk may require. Upon the filing of a verified application, the city clerk shall transmit the application forthwith to the city council, and

the city council shall investigate, examine, review and render its findings and decisions on the matter in the same manner as required for a decision to be rendered by the planning commission. In event the planning commission was required to hold and conduct a public hearing, so shall the city council in the same manner be required therefor.

• B. Announcement of City Council Decisions. The city council shall announce its decisions by formal written resolution within forty days after conclusion of its proceedings on the matter. The resolution shall recite and set forth, among other things, the facts, reasons and determinations which, in the opinion of the city council, make upholding or reversing the actions and decisions of the planning commission considered necessary to assure that due process and justice have been done, and shall uphold or reverse same. The city council shall forthwith give the applicant, planning commission and/or any other persons having a vested interest therein, written notice of its actions and decisions together with a copy of the resolution.

(Prior code § 9215.03 (C); Ord. 765 §§ 73, 74, 1989; Ord. 830 § 19, 1993)

Upon the rendering of any action on an appeal matter, the actions and decisions of the city council shall be final and conclusive.

(Prior code § 9215.03 (D))

The city council may, at its own discretion, review the decisions of the zoning administrator, design review board and/or planning commission, even though such decisions have not been appealed; provided, however, that a request for same has been made within the prescribed limits for appealing such decisions. In any case, the city council shall not be required to pay fees in connection therewith.

(Prior code § 9215.03 (E))