Article 4 — Appeals — Santa Maria Zoning Code

Section 12-35.401. Appeals of the decision making body action. ¶

Any and all persons aggrieved by an action of the decision making body taken pursuant to the provisions of this Chapter may file an appeal from the action or part thereof; provided, that such appeal conforms to the following provisions:

(a) Filing. Written appeals shall be filed in duplicate with the City Clerk within 14 calendar days from the date of action by the decision making body. Calendar days consist of weekdays, Saturdays, Sundays, and holidays.
(b) Effect of Filing. The filing of an appeal with the City Clerk shall toll the running of the 14 calendar day period before which a permit becomes valid. Once an appeal has been filed with the City Clerk the permit shall not become valid until the appeal has been formally withdrawn in writing by the appellant, or until the effective date of the decision under Subsection (h) of this Section.
(c) Before accepting an appeal, the City Clerk shall charge and collect a fee established by resolution of the Council.
(d) Transmittal of Copies. The City Clerk shall immediately transmit one copy of the appeal to the Community Development Department and one copy of the appeal to the City Manager, and one copy to the City Attorney.
(e) Grounds Statement. The appeal shall specifically state the grounds therefor and shall state wherein the decision making body failed to conform to the requirements of this article.
(f) Defect Notice. The Community Development Director shall inspect the appeal for defects and within 72 hours of receipt shall send notice to the appellant of the existence, type and nature of the defect or defects and advise the City Clerk thereof. The appeal application shall be considered incomplete until the applicant has addressed such defects to the satisfaction of the Community Development Director.
(g) Planning Commission Authority. The Planning Commission may reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the Zoning Administrator, but

before doing so, the Planning Commission must set the matter for hearing, give the same notice for such hearing as provided in Section 12-35.104 , and must make a written finding of fact setting forth wherein the Zoning Administrator's findings were in error. A majority vote of the whole of said Planning Commission is required to grant in whole or in part any appealed application for permit which was acted upon by the Zoning Administrator.

(h) City Council Authority. The City Council may reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the Planning Commission, but before doing so, the Council must set the matter for hearing, give the same notice for such hearing as provided in Section 12-35.104 , and must make a written finding of fact setting forth wherein the Planning Commission's findings were in error. A majority vote of the whole of said Council is required to grant in whole or in part any appealed application for permit which was acted upon by the Planning Commission.
(Ord. 2019-04 § 1, eff. 7/4/19)