Chapter 12.64 — APPEALS

All actions by the community development director are appealable to the planning commission pursuant to this chapter. All actions by the planning commission are appealable to the city council pursuant to this chapter.

(Prior code § 21-12.1; Ord. 1352 § 1, 1980; Ord. 1461 § 6, 1986; Ord. 1947, 4/9/2024)

• A. A subdivider or any interested party affected by a decision of the community development director or planning commission in connection with a tentative parcel map, tentative tract map, vesting tentative map, lot line adjustment, or modification may file a written notice of appeal with the city clerk.

• B. A property owner who owns parcels of land which have been determined to be merged pursuant to Section 12.28.030(C)(5) or 12.28.040 may file a written notice of appeal with the city clerk. Such property owner shall be deemed to be a subdivider for purposes of Section 12.64.050(A) .

• (Prior code § 21-12.2; Ord. 1352 § 1, 1980; Ord. 1461 § 6, 1986; Ord. 1947, 4/9/2024)

The notice shall identify the specific action or actions from which appeal is taken, the date of such action, the person or body taking the action, and the grounds for the appeal. (Prior code § 21-12.3; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. Except as provided in subsection B , the notice of appeal shall be filed not later than ten days from the date of the action from which the appeal is taken.

• B. In the case of the denial of an extension of a vested tentative map, the notice of appeal shall be filed not later than fifteen days from the date of such denial.

(Prior code § 21-12.4; Ord. 1352 § 1, 1980; Ord. 1461 § 7, 1986; Ord. 1947, 4/9/2024)

• A. In the case of an appeal of a decision by the community development director, the community development director shall set the matter for hearing within thirty days from the filing of the appeal.

• B. The community development director shall give notice of the public hearing on appeals regarding tentative parcel maps in the manner prescribed by subsections B and C of Section 12.32.160 .

• C. Where the appeal is filed by an interested person, the community development director shall notify the subdivider of the date, time, and location of the appeal hearing within ten days from the filing of the appeal.

• (Ord. 1947, 4/9/2024)

• A. The planning commission shall hold a public hearing to consider the appeal.

• B. The planning commission may sustain, modify, reject, or overrule the action of the community development director, based on the findings prescribed in Sections 12.32.190 or 12.32.200 .

• C. The action of the planning commission may be appealed to the city council. (Ord. 1947, 4/9/2024)

• A. In the case of an appeal of a decision by the planning commission the city clerk shall set the matter for hearing within thirty days from the filing of the notice of appeal.

• B. The city clerk shall give notice of the public hearing on appeals regarding tentative parcel maps in the manner prescribed by subsections B and C of Section 12.32.160 .

• C. The city clerk shall give notice of public hearings on appeals of actions regarding tentative tract maps in the manner prescribed by subsections B and C of Section 12.36.180 .

• D. Where the appeal is filed by an interested person the city clerk shall notify the subdivider of the date, time, and location of the appeal hearing within ten days from the filing of the appeal.

• (Prior code § 21-12.5; Ord. 1418 § 28, 1983; Ord. 1947, 4/9/2024)

• A. The city council shall hold a public hearing to consider the appeal.

• B. The city council may sustain, modify, reject, or overrule the action of the planning commission.

• C. In the case of an appeal of an action on a tentative parcel map, the city council shall make the findings prescribed in Sections 12.32.190 or 12.32.200 .

• D. In the case of an appeal of an action on a tentative tract map, the city council shall make the findings prescribed in Sections 12.36.220 or 12.36.230 .

• (Prior code § 21-12.6; Ord. 1418 § 28, 1983; Ord. 1947, 4/9/2024)