Chapter 24.565

APPEAL PROCEDURE[4 ]

Sections:

• 24.565.010 Chapter description.

• 24.565.020 ENect of Kling.

• 24.565.050 Appeal to city council.

• 24.565.051 Appeal by city council.

• 24.565.060 Action by city council.

• 24.565.070 Hearing transcript not required.

4 Editor’s note(s): Section 78 of Ord. No. 2021-017 adopted December 13, 2021, amended Chapter 24.565 in its entirety to read as herein set out. Former Chapter 24.565 pertained to the same subject matter, consisted of Sections 24.565.010 through 24.565.070, and derived from Ord. No. 2020-022 , adopted September 14, 2020.

This chapter establishes the appeals procedure governing administrative appeals of decisions carried out pursuant to this title. (Ord. No. 2021-017, § 78, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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The Yling of a notice of appeal pursuant to this chapter stays only the proceedings related to the decision being appealed until a decision on the appeal is rendered. (Ord. No. 2021-017, § 78, 12-13-21)

A. Action by the Director or Planning Commission. The applicant or an aggrieved person, as deYned in Chapter 24.110, a]ected by any discretionary decision by the director or planning commission, may Yle an appeal to the city council as long as the appeal is Yled in writing within 10 days after the decision is rendered. The appeal must explain why the decision is being appealed. If no appeal is Yled within 10 days after the decision, the decision is Ynal. If an appeal is Yled, the decision will become Ynal when the city council adopts a resolution deciding the appeal.

B. Application for Appeal. An application for appeal required by this section must be Yled by the appellant with the city clerk and must clearly explain why the decision is being appealed and the action that appellant requests the city council to take. If the decision being appealed consists of one or more actions based on particular Yndings or conditions that the appellant believes were erroneously or improperly included or omitted, the appeal must specify which Yndings or conditions were erroneous or improper or which Yndings or conditions should additionally be imposed.

C. Appeal Fee. An application for an appeal must be accompanied by an appeal fee as set by resolution of the city council. Any application for an appeal that does not include the required appeal fee will be rejected by the city clerk. (Ord. No. 2021-017, § 78, 12-13-21)

A. A member of the city council may appeal any decision of the director or planning commission, in the member’s o[cial capacity, to the city council.

B. In appealing the decision, the member of the city council must follow the process outlined in Section 24.565.050.

C. Notwithstanding the fee requirements of Section 24.565.050(C), no member of the city council will be required to pay a fee to appeal a decision under this chapter as a condition of Yling the appeal.

D. If a member of the city council appeals a decision pursuant to this chapter, that member must recuse themselves from hearing and making a determination on the appeal. (Ord. No. 2021-017, § 78, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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• A. Hearing Date. The city manager or city clerk will schedule the time for hearing the appeal.

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

• C. Record on Appeal/Review. All materials on Yle with the director will be part of the city council hearing record. In addition, any party may o]er 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 speciYc issue appealed.

• E. Actions. The city council may:

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

  2. Uphold the decision by the director or planning commission after determining that all applicable Yndings have been correctly made and all provisions of this title, or other provisions of law, are complied with;

3. Uphold the decision by the director or planning commission but require additional conditions or guarantees as the city council determines to be necessary or desirable to further the purposes of this title or comply with other provisions of law;

4. Overrule the decision of the director or planning commission, without prejudice, after determining that all applicable Yndings have not been correctly made or all provisions of this title and Title 26 are not complied with but that, in either case, the application has merit and may possibly be modiYed to comply with this title or other provisions of law;

5. Overrule the decision of the director, or planning commission after determining that all required Yndings have not been correctly made or all provisions of this title, 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 title, the comprehensive plan or general plan, as applicable, or other provisions of law.

F. Vote Required. A simple majority of the city councilmembers voting will be required to sustain, overrule, or modify a decision by the director or planning commission that is appealed, or to grant an appealed application where the planning commission has failed to act within the time allowed pursuant to this title.

G. EMective Date. A decision of the city council upholding, overruling, or modifying any decision of the director, or planning commission will be Ynal and conclusive upon the rendering of the decision unless otherwise provided by the city council in its rules of procedure or elsewhere.

H. EMect of Denial Without Prejudice. A land use decision that has been denied without prejudice on appeal may be reYled at any time but must be accompanied by the prescribed Yling fee. (Ord. No. 2021-017, § 78, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

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No provision of this title may be construed to require the keeping of a verbatim hearing transcript except as may be required by state law. (Ord. No. 2021-017, § 78, 12-13-21)