Portola Municipal Code Ch. 17.91 Appeals

This section identifies the procedures for filing and processing an appeal.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Any person aggrieved by an interpretation or action of the director or planning commission, made pursuant to this article, may appeal such action to the appropriate appeal authority, as shown in the table below, by filing a written appeal with the appropriate fee within ten days from the date of action by the director and twenty days from the date of the committee's/commission's action. All appeals shall be filed with the city clerk's office.

(Ord. 289 § 2 (Exh. A (part)), 2002)

APPEAL FROM ACTION OR DECISION OF:

(Ord. 289 § 2 (Exh. A (part)), 2002)

The appeal shall be filed within ten days from the date of action with such fees as may be established by the city council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The appeal shall be filed with the city clerk within twenty days from the date of action with such fees as may be established by the city council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A timely appeal of an action shall stay the effective date of the action, for that portion of the permit or variance being appealed, until the appeal has been acted upon or withdrawn. If only certain conditions are appealed, the effective date of approval shall remain the date of action by the approving authority.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The city clerk shall give notice of the appeal authority's public hearing to consider the appeal at least ten days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice Type "B," Section 17.88.020 of this title.

Such hearing shall be held within forty-five calendar days from the last day of the appeal period. The appellant shall not be granted a continuance of the appeal beyond the forty-five day period.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Each appeal shall be considered to be a de novo hearing on the matter being appealed. The appellate approving authority may grant the appeal, grant the appeal in part, or deny the appeal. In taking its action on an appeal, the approving authority shall state the basis for the action being taken on the appeal, and may refer the matter back to the original approving authority for further action. The appellate approving authority may modify or delete any conditions which have been appealed, or add such conditions as may be necessary to address the issues being appealed, or may modify or delete any other conditions of approval which are necessarily related to those which have been appealed. Any condition which was not appealed, and which has not been modified or deleted upon appeal, shall remain unaffected.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The council may refer a matter back to the approving authority if the council finds that there is information that was not made available to the approving authority which may have affected the decision. The approving authority shall hold a public hearing on the matter within sixty days following the city council's date of referral.

(Ord. 289 § 2 (Exh. A (part)), 2002)

The decision of the city council on an appeal is final, except as allowed under the provisions for reconsideration (Section 17.85.190).

(Ord. 289 § 2 (Exh. A (part)), 2002)