Article 14-85

APPEALS

Sections:

14-85.010 Right to appeal. 14-85.020 Time limit on notice of appeal. 14-85.025 Reserved. 14-85.030 Schedule of hearing; notice. 14-85.040 Conduct of hearing by City Council. 14-85.050 Decision by City Council. 14-85.060 Judicial review.

The subdivider or applicant or any interested person may appeal to the City Council any determination or decision of the Planning Commission made pursuant to any provision of this Chapter by filing with the City Clerk a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council. (Ord. No. 398, § 1(Att.), 12-20-2023)

The appellant shall file the notice of appeal with the City Clerk and pay the filing fee thereon within the period specified by section 15-90.050 of this Code. (Ord. No. 398, § 1(Att.), 12-20-2023; Ord. No. 413, § 1(Exh. A, § 19, 11-5-2025)

Upon the filing of the notice of appeal and payment of the appeal fee the City Clerk shall schedule the matter for hearing at the next available regular meeting of the City Council to be held within forty-five days after the date on which the notice of appeal is filed or initiated. If there is no regular meeting of the legislative body within the next 45 days for which notice can be given in accordance with Section 14-20.060 of this Chapter, the appeal may be heard at the next regular meeting for which notice can be given, or within sixty (60) days from the date of the receipt of the request, whichever period is shorter. The City Clerk shall give notice of the date, time, and place of the hearing to the appellant, and to the subdivider or applicant if other than the appellant, not less than ten days prior to the

hearing, unless such notice has been waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 14-20.060 of this Chapter. (Ord. No. 398, § 1(Att.), 12-20-2023)

The City Council shall conduct a de novo review on the appeal, and nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal.

(Ord. No. 398, § 1(Att.), 12-20-2023)

The City Council shall render its decision within ten days after the conclusion of the hearing. The Council may sustain, modify, reject, or overrule any recommendations or rulings of the Planning Commission, and may refer the matter back to the Planning Commission for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a determination or decision by the Planning Commission, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom.

(Ord. No. 398, § 1(Att.), 12-20-2023)

Any action or proceeding to attack, review, set aside, void, or annul a decision of the Planning Commission or City Council made pursuant to any provision of this Chapter, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall be commenced and service of summons shall be effected within ninety days after the date of such decision. (Ord. No. 398, § 1(Att.), 12-20-2023)

274.12

(Saratoga Supp. No. 57, 1-26)

14-90.020