San Anselmo Municipal Code Ch. 4 Appeals and Official Reviews of Administrative Decisions

Except as otherwise specifically provided in this Code or in State law, any person taking exception to any administrative determination or interpretation made by an official of the Town pursuant to any of the provisions of this Code or State law, may appeal said decision by filing with the Town Clerk a written appeal, setting forth the specific grounds thereof.

Any administrative determination or interpretation made by an official may be called up for Planning Commission review by any member of the Planning Commission, if the subject of the determination or interpretation is within the jurisdiction of the Planning Commission, or by any member of the Town Council in any case.

(§ 1, Ord. 901, eff. December 13, 1988, as amended by § 1, Ord. 988, eff. November 13, 1997)

A written appeal shall be filed with the Town Clerk within ten (10) calendar days after receipt of written notice of the administrative decision which is being appealed.

Any notice of review shall be in writing and filed with the Town Clerk within ten (10) calendar days of the notice of the decision to be reviewed. The notice of review shall only state that the Planning Commissioner, in the case of a review to the Planning Commission, or the Town Councilmember, in the case of a review to the Town Council, believes the administrative determination or interpretation should be reviewed. No fee shall be required in filing a notice of review.

Once an appeal or a notice of review has been timely filed, withdrawal of the appeal or the notice of the review by the appellant or official filing the notice of review shall not divest the Planning Commission nor the Town Council as the case may be, of jurisdiction to consider and act upon the appeal or the notice of review if the Planning Commission or the Town Council determines that the public interest would be best served in hearing the matter.

(§ 1, Ord. 901, eff. December 13, 1988, as amended by § 1, Ord. 988, eff. November 13, 1997)

Upon receipt of an appeal or a notice of review, the Town Clerk shall endeavor to set the matter for hearing not later than thirty (30) calendar days after the appeal or notice of review has been filed, before the Planning Commission, if the subject matter of the determinations or interpretation is within the jurisdiction of the Planning Commission, or if the notice of review was filed by a Planning Commissioner. The Town Clerk shall set the matter before the Town Council within the same thirty (30) day time limit, if the appeal should go directly to the Town Council or if the notice of review was filed by a member of the Town Council. The Town Clerk shall give at least ten (10) calendar days notice of the hearing.

The thirty (30) day time limit referred to above is directory and shall become mandatory only when State law governing a specific type of action so requires.

In the case of an appeal, the appellant shall show cause, based on the grounds specified in the appeal, why the administrative determination or interpretation being appealed from should not be sustained.

The Planning Commission or Town Council hearing, as the case may be, may be continued from time to time. At the conclusion of the hearing the findings made on the appeal or on the notice of review shall be final unless the matter was initially set before the Planning Commission and is appealed to the Town Council as provided in Section 10-1.05.

(§ 1, Ord. 901, eff. December 13, 1988, as amended by § 1, Ord. 988, eff. November 13, 1997)