Salinas Municipal Code Div. 17 Appeals

(a) The purpose of this division is to provide a process to govern the appeals of discretionary decisions of the city planner and planning commission; and

(b) To avoid results inconsistent with the purposes of this Zoning Code, decisions of the city planner may be appealed to the planning commission, and decisions of the planning commission may be appealed to the city council. Figure 37-60.120 illustrates the appeals process.

(Ord. No. 2463 (NCS).)

[Figure]

(a) Filing of Appeal. An appeal shall be initiated by submitting an application to community planning and development in accordance with Division 2: Application Procedures of this article. The appeal application shall state, as appropriate, any of the following:

(1) A determination or interpretation that is not in accord with the purposes of this article;

(2) There was an error or abuse of discretion;

(3) The record includes inaccurate information; or

(4) A decision is not supported by the record.

(b) Effect on Decisions. Decisions that are appealed shall not become effective until the appeal is resolved.

(Ord. No. 2463 (NCS).)

(a) Appeals by Applicant or Interested Parties. Appeals of decisions by an applicant or any interested party shall be initiated within ten days of the decision. The city manager may be considered an interested party on behalf of the city of Salinas.

(b) Time Limits. When the appeal period ends on a day that community planning and development is not open to the public for business, the time limits shall be extended to the next full working day.

(Ord. No. 2463 (NCS).)

(a) Hearing Date for Appeal. An appeal shall be scheduled for a hearing before the appellate body within sixty days of the city's receipt of an appeal unless both applicant and appellant consent to a later date.

(b) Notice and Public Hearing. An appeal hearing shall be a public hearing. Notice of the public hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Hearing. The hearing before the appellate body shall be de novo. At a de novo hearing, the appellate body may hear all such testimony and evidence on the entirety of the application as may be presented by any person at that appeal hearing. If relevant new evidence that was not known and could have been known at the original hearing is presented at the appeal hearing the application may be returned to the planning commission. At the appeal hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.

(d) Decision and Notice.

(1) The appellate body may reject an appeal for failure of the appellant to present all the evidence available to him or her at the time of the original hearing on the application if the appellant had notice of the original hearing.

(2) After the hearing, the appellate body shall affirm, affirm with conditions, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons and make findings as necessary to support its decision.

(3) The appellate body may designate such conditions, as it deems necessary to secure the purposes of this Zoning Code. Such conditions may include monitoring to assure compliance with the conditions set forth in the decision. Other conditions may include, but are not limited to, health and safety requirements, architectural and site approval, time limitations, street dedications, and street and drainage improvements. The appellate body may also require such security and guarantees, as it deems appropriate to assure compliance with the conditions imposed.

(4) The city planner shall mail notice of a planning commission decision and the city clerk shall mail notice of a city council decision. Such notice shall be mailed within ten working days after the date of the decision to the applicant, the appellant, and any other party requesting such notice.

(5) In the event that the planning commission is unable to affirm, modify, or reverse the original decision because a motion on the appeal fails to receive majority vote resulting in no action being taken by the planning commission, the appeal shall be forwarded directly to the city council with a record of the planning commission's vote and the proceedings thereon.

(6) A planning commission decision on an appeal may be appealed to the city council in accordance with the provisions of Sections 37-60.1280: Initiation of appeal and 37-60.1290: Time limits.

(Ord. No. 2463 (NCS).)

A decision by the city council regarding an appeal shall become final on the date the decision is announced to the public. A decision by the planning commission regarding an appeal shall become final on the date the decision is announced to the public, unless appealed to the city council.

(Ord. No. 2463 (NCS).)