Chapter 10.20 — Appeals

Sections:

• 10.20.010 Purpose 10.20.020 Appeal Subjects and Jurisdiction 10.20.030 Notice of Appeals 10.20.040 Permit Issuance Restriction

• 10.20.050 Judicial Review

This Chapter establishes procedures for the appeal and calls for review of determinations and decisions rendered by the Commission and Director.

A. Zoning Code Administration and Interpretation The following determinations and actions of the Director and Department staff may be appealed to the Commission and then to the Council:

1. Interpretations. Any determination on the meaning or applicability of the regulations contained in this Zoning Code that are believed to be in error, and cannot be resolved with the Director; and

2. Enforcement actions. Any enforcement action filed in compliance with Chapter 10.50 (Enforcement).

B. Planning Permit Decisions

1. Director’s decisions. Any decision of the Director may be appealed to the Commission, as applicable.

2. Commission’s decisions. Any decision of the Commission may be appealed to the Council.

Tehachapi Zoning Code | October 2014 Adopted |

10-7

Chapter 10.20 Appeals

A. The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with Department staff prior to the time the decision becomes final. Department staff shall furnish forms of notice of appeal. The appeal shall be accompanied with the fee established by the Council in compliance with Section 9.10.050 (Application Fees).

B. Notice of the hearing on appeal shall be provided in compliance with Section 10.40.020 (Notice of Hearing). Notice of the hearing on appeal shall also be

given not less than 10 days before such hearing to each person entitled to notice of the preceding decision.

C. The Council may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.

D. A decision of the Council on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable review authority. [18.102.120]

No person shall seek judicial review of a City decision on a planning permit or other matter in compliance with this Zoning Code until all appeals to the Commission and Council have first been exhausted in compliance with this Chapter.

10-8 | Adopted October 2014 | Tehachapi Zoning Code