San Juan Bautista Municipal Code Art. 1 Procedure

Whenever provision for an appeal is made in this Title, the appeal may be taken by any person aggrieved with the decision appealed from, and the following regulations shall apply.

When a City Council member files an appeal to the City according to this Title, said City Council member shall not participate in the hearing of the appeal as a City Council member, and therefore shall not vote on the appeal.

An appeal will be valid only if a written appeal is filed with the City Clerk within ten (10) calendar days from the date of the action of the Planning Commission or administrative decision.

Every appeal shall be in writing and shall be filed with the City Clerk.

Every person filing an appeal shall pay the City such fee as shall be established, and from time to time may be amended, by resolution of the City Council.

The filing of an appeal shall reverse the action or decision of the Planning Commission or City Manager or designee and the decision shall be final unless duly appealed.

The Planning Commission shall hear and decide appeals from any action of the City Manager or designee and may affirm or reverse the action, in whole or in part. The Planning Commission shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper.

The City Council shall hear and decide appeals from any action of the Planning Commission and may affirm or reverse the action, in whole or in part. The City Council shall not be limited in its review of that portion of the action complained of but may consider the entire matter and, in doing so, may add, modify or delete conditions as it deems necessary or proper.

Any appeal not brought to hearing within a period of ninety (90) days from the date that a notice of appeal is filed shall be deemed abandoned, and proceedings shall be terminated as of the date such period shall expire unless the City Council approves a later hearing date in public session.