Victorville Municipal Code Art. 2 Appeals

An applicant, any resident of the City, or any person owning real property in the City aggrieved by an administrative decision made by the City Manager or his/her designee with respect to this title, may appeal such decision to the Planning Commission.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

An applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Zoning Administrator may appeal such decision to the Planning Commission.

An applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Building Official may appeal such decision to the Planning Commission.

An applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Planning Commission may appeal such decision to the City Council.

(Ord. No. 2299, 6-18-13, eff. 7-18-13)

Any member of the City Council or Planning Commission may, through the filing process outlined in Section 16-2.02.050, call for a review of any action by the Zoning Administrator. Such notice shall have the same effect as an appeal but shall not have a filing fee. Further, in the same manner as above, members of the City Council may call for a review of any action made by the Planning Commission.

(Ord. No. 2299, 6-18-13, eff. 7-18-13)

(a) Administrative appeals shall be filed with the Development Department within ten (10) days after the date of a decision by the City Manager or his/her designee, the Zoning Administrator or the Building Official.

(b) Any appeal of an action by the Planning Commission shall be filed with the City Clerk in writing specifying the grounds for appeal within ten (10) days after the date of such decision. The appeal shall state specifically wherein a decision is not in accordance with the provisions of the Code, or wherein it is claimed that there was an error or an abuse of discretion by the City Manager or his/her designee, Zoning Administrator or the Planning Commission, or where a decision by the Zoning Administrator or the Planning Commission is not supported by the record.

(Ord. No. 2388, § 3, 3-19-19)

(a) On any appeal to the Planning Commission, the City Manager or his/her designee shall make available to the Commission all documents constituting the record upon which the action appealed was based. The City Manager or his/her designee shall be represented personally at the appeal hearing in order to make known the reasons for the subject decision. Any new and/or pertinent information provided by the appellant that was not previously disclosed shall cause that item to be reconsidered by the City Manager or his/her designee prior to any further appeal proceedings.

(b) On any appeal to the City Council, upon notice by the City Clerk that an appeal has been filed, the City Manager or his/her designee shall make available to the Council all documents constituting the record upon which the action appealed was based. The Commission shall be represented by any of its members, the City Manager or his/her designee at the appeal hearing in order to make known the reasons for the Commission's decision. Any new and/or pertinent information provided by the appellant that was not previously disclosed shall cause that item to be reconsidered by the Planning Commission and/or City Manager or his/her designee prior to any further appeal proceedings.

(c) On any review by the City Council or Planning Commission, following a filing made in accordance with Section 16-2.02.050, the City Manager or his/her designee, and/or Zoning Administrator shall make available to the authority initiating the review all documents constituting the record upon which the action under review was based. The City Manager, Zoning Administrator, or their designee shall be present at the review hearing in order to make the reasons for their decision known. Any new and/or pertinent information provided by the reviewing authority, that was not previously disclosed shall cause that item to be reconsidered by the City Manager or his/her designee, and/or Zoning Administrator prior to any further review proceedings.

(Ord. No. 2299, 6-18-13, eff. 7-18-13; Ord. No. 2388, § 3, 3-19-19)

Within forty-five (45) days after an appeal has been filed, or after a vote of the Planning Commission or the City Council calling for review, the Development Department shall transmit a copy of the appeal application and all supporting materials to either the Planning Commission or City Council, whichever is to hear the appeal.

On an appeal from an administrative decision, the Planning Commission shall consider the matter at a public hearing and may affirm, reverse or modify the decision of the City Manager or his/her designee, the Zoning Administrator or the Building Official.

(Ord. No. 2388, § 3, 3-19-19)

On an appeal from a decision of the Planning Commission or when a decision has been called up for review, the Council shall hold a public hearing on the matter. The Council may affirm, reverse, or modify the decision of the Planning Commission. The final order of the Council on any such appeal shall be effective forthwith.