Chapter 24.565 — APPEAL PROCEDURE

Sections:

• 24.565.010 Chapter Description.

• 24.565.020 Effect of Filing.

• 24.565.030 Appeal to Planning Commission.

• 24.565.040 Action on Appeal by Planning Commission.

• 24.565.050 Appeal to City Council.

• 24.565.060 Action by City Council.

• 24.565.070 Hearing Transcript Not Required.

Chapter 24.565 establishes the appeals procedure governing administrative appeals of decisions carried out pursuant to this zoning ordinance. (Code 1971, § 15.865.010)

The filing of a notice of appeal pursuant to this chapter stays all proceedings until a decision on the appeal is rendered. (Code 1971, § 15.865.020)

A. Authority to Hear and Decide. The planning commission shall have the authority to hear and decide appeals of discretionary decisions by the director.

B. Filing Appeal. The applicant or an aggrieved person, as defined in chapter 24.110, affected by any discretionary decision by the director may file an appeal with the planning commission, provided the appeal is filed in writing within ten days after final action by the director. The appeal shall be filed with the city planner and shall set forth

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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the grounds for appeal. If the applicant fails to appeal within ten days after the decision, the director’s decision is final.

C. Hearing and Notice. The director shall set a hearing before the planning commission on the appeal, which shall be conducted as provided in section 24.565.040, and notices shall be given as specified in chapter 24.560. (Code 1971, § 15.865.030)

The planning commission may:

1. Continue the hearing and request a supplemental report from the director, in which event the planning commission may extend the time for rendering the decision for a period of time deemed appropriate by the planning commission;

2. Sustain the action upon finding that all applicable findings have been correctly made and all of the provisions of this zoning ordinance are complied with;

3. Sustain an approval or conditional approval, but require additional conditions or guarantees as it deems necessary or desirable to further the purposes of this zoning ordinance or comply with other provisions of law;

4. Overrule the action upon finding that all applicable findings have not been made or all provisions of this zoning ordinance, or other provisions of law, have not been complied with; or

5. Take such other action as may be necessary or desirable to further the purposes of this zoning ordinance, the comprehensive plan, or other provisions of law. (Code 1971, § 15.865.040)

A. planning commission or design review committee action. An application for appeal to the city council may be filed by the applicant or an aggrieved person, as defined in chapter 24.110, affected by a discretionary decision of the planning commission or the design review committee, provided that the appeal is filed in writing within ten days after the final decision. Notwithstanding the definition of an aggrieved person in chapter 24.110, any member of the city council may also be considered an aggrieved person affected by such a determination for purposes of this section. In addition, the city council may on its own motion, within ten days after the final decision, or at its next regular meeting, whichever is later, elect to review and consider any action of the planning commission or the design review committee.

B. Application for Appeal. An application for appeal required by this section shall be filed by the appellant with the city clerk and shall clearly state the grounds of appeal and the action which appellant requests the city council to take. If the challenged decision consists of one or more actions based on particular findings or conditions that the appellant believes were erroneously or improperly included or omitted, the appeal shall specify which findings

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 462 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

or conditions were erroneous or improper or which findings or conditions should additionally be imposed. Notwithstanding any provision of this section to the contrary, no application for appeal need be filed by the city council, or any member or representative thereof, when the city council elects, by majority vote on its own motion, to review and consider an action pursuant to subsection A. of this section. (Code 1971, § 15.865.050)

• A. Hearing Date. The city manager or city clerk shall fix the time for hearing the appeal.

• B. Notice. The city clerk shall notice the hearing before the city council as required by chapter 24.560.

• C. Record on Appeal. All materials on file with the director shall be part of the city council hearing record. In addition, any party may offer supplemental evidence during the appeal hearing.

D. De Novo Review. The city council is not limited to consideration of the material in the record on appeal. The city council may review any matter or evidence relating to the action on the application regardless of the specific issue appealed.

• E. Actions. The city council may:

  1. Continue action on the appeal for a period of time deemed appropriate by the city council;

  2. Sustain the planning commission or design review committee action upon finding that all applicable findings have been correctly made and all provisions of this zoning ordinance, or other provisions of law, are complied with;

3. Sustain the planning commission or design review committee action but require whatever additional conditions or guarantees as it may deem necessary or desirable to further the purposes of this zoning ordinance or comply with other provisions of law;

4. Overrule the planning commission or design review committee, action without prejudice upon a finding that all applicable findings have not been correctly made or all provisions of this zoning ordinance and the subdivision ordinance are not complied with but that, in either case, the application has merit and may possibly be modified to comply with this zoning ordinance or other provisions of law;

5. Overrule the planning commission or design review committee action upon finding that all required findings have not been correctly made or all provisions of this zoning ordinance, or other provisions of law, are not complied with; or

6. Take such other action as may be necessary or desirable to further the purposes of this zoning ordinance, the comprehensive plan, or other provisions of law.

F. Vote Required. A simple majority of the city councilmembers voting shall be required to sustain, overrule, or modify a decision by the planning commission or design review committee which is appealed, or to grant an

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Page 463 of 472

Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

appealed application where the planning commission has failed to act within the time allowed pursuant to the zoning ordinance.

G. Effective Date. A decision of the city council sustaining, overruling or modifying any decision, determination or requirement of the planning commission or design review committee shall be final and conclusive upon the rendering of the decision unless otherwise provided by the city council in rules of procedure or elsewhere.

H. Effect of Denial Without Prejudice. A land use decision that has been denied without prejudice on appeal may be refiled at any time but must be accompanied by the prescribed filing fee. (Code 1971, § 15.865.060)

No provision of this zoning ordinance shall be construed to require the keeping of a verbatim hearing transcript except as may be required by state law. (Code 1971, § 15.865.070)