Chapter 2.53 — UNIFORM APPEAL PROCEDURES

A.

Except when an appeals procedure is otherwise specifically set forth in this Code, any person excepting to the discretionary denial, conditional approval, suspension, or revocation of a permit, license or other approval applied for or held by pursuant to any provision of this Code, or to any discretionary administrative decision made by any official or commission of the city, may appeal in writing to the council by filing with the city clerk a written notice of such appeal.

B.

No appeal may be taken to any such administrative decision made by an official of the city pursuant to any provision of this Code unless such decision has been first taken up with the department head concerned and with the city manager, and the subject of the appeal has not been satisfactorily resolved.

C.

No right of appeal to the council from any administrative decision made by an official of the city pursuant to any provision of this Code shall exist when such exercise does not involve the exercise of administrative discretion or personal judgment. There shall be no such right of appeal with regard to law enforcement activities involving state law.

D.

No notice of appeal shall be acted upon unless filed within ten days after service of written notice of the determination appealed from, provided that if such notice of determination has not been served in writing the appellant may, within ten days after being apprised of such determination, demand service of written notice thereof, and shall have ten days following such service in which to file the notice of appeal.

E.

The notice of appeal shall set forth (1) the specific action appealed from, (2) the specific grounds of the appeal and (3) the relief or action sought from the city council. In the event any notice of appeal fails to set forth any information required by this section, the city clerk shall return the same to the appellant with a statement of the respect in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile the notice of appeal.

F.

Except in those instances where an appeal is filed by the city manager or other public official pursuant to official duties, the written notice of appeal from the determination of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by such fee as may have been established by resolution of the city council.

Upon the timely filing of a notice of appeal in proper form, the city clerk shall schedule the matter promptly upon the city council agenda at a subsequent regular meeting and shall cause notice thereof to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The city clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose decision has been appealed from. If prior to commencing the hearing, in the opinion of a majority of council the facts stated in the notice of appeal do not warrant hearing, the appeal may be dismissed forthwith and the decision appealed shall become final.

(Ord. 309, 2005)

A.

The city council may limit participation at the hearing to those parties directly interested, or may allow participation by the public unless otherwise required by the California Open Meeting Law. If a hearing is open to public participation, notice thereof shall be given by publishing the notice of the same in a newspaper of general circulation in the city not less than five days prior to the date of such hearing, and by such other means as the city council deems necessary.

B.

At the time of consideration of the appeal by the city council the appellant shall have the burden of establishing why the decision appealed from should be altered, reversed or modified. The council may continue the matter from time to time; and at the conclusion of its consideration may affirm, reverse or modify the decision appealed from and may take any action which might have been legally taken in the first instance the official or body from whose action the appeal has been taken. In ruling on the appeal the finding and action of the council shall be final and conclusive in the matter.

C.

All appeals shall be heard at a regular council meeting and shall be a denovo independent reexamination of the matter. In any appeal of a planning commission decision the record of the planning commission proceedings shall be included in the administrative record for council consideration. The planning

commission may select a commissioner to appear at the appeal hearing to provide information upon council request.

D.

At the close of hearing of the appeal, the council shall prepare written findings if prior to adjournment the appellant or an aggrieved party requests the council to make written findings. In such event, the council shall direct the city attorney to draft a resolution containing the facts found to be true, which findings shall be considered and adopted by motion or resolution at a regular meeting of the council following the close of the appeal hearing. The findings shall include the reasons for the council's ruling, including but not limited to findings of fact, if any, required by the code sections or ordinance upon which the appeal is based.

E.

The appellant and other interested parties shall not present new evidence and testimony at the appeal hearing unless the party can demonstrate, to the satisfaction of the appeal body, that new information:

Was not previously available to the party, or

The party could not have participated in the review process because they did not know about the appeal process.

If materially new or different evidence is presented on appeal, the appeal body shall return the matter to the original review authority for further consideration.

(Ord. 309, 2005)

Where there has been a prior hearing on the appeal and the council determines that new and material evidence not previously presented is available and such evidence could not with reasonable diligence have been discovered and produced at the prior hearing before the respondent, the council may order that the matter reheard. Written notice of the rehearing shall be given the respondent and mailed to the appellant and to such other

(Ord. 309, 2005)

A.

The provisions of Section 1094.6 of the California Code of Civil Procedure shall be applicable to any petition for judicial review of a decision of the council on appeal.

B.

Any such petition for judicial review shall be filed not later than the ninetieth day following the date the decision becomes final, unless a shorter statute of limitations is applicable under state law.

(Ord. 309, 2005)