Watsonville Municipal Code Part 11 Appeals

Any applicant or any other interested person, or any officer or official of any public or quasi-public body, who considers an action taken under the provisions of this title by any official or advisory body to have been erroneously taken may appeal such action and decision.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) Appeals from the decisions of the Zoning Administrator, or any other administrative official or advisory body in taking any of the actions authorized by this title shall be made to the Commission through its Secretary.

(b) Appeals from the decisions of the Commission in taking any of the actions authorized by this title shall be made to the Council through the City Clerk.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) All appeals shall be made in writing and shall state the nature of the application and describe the specific grounds upon which the decision of the official or body is considered to be in error, and shall be accompanied by the filing fee as set by resolution of the Council.

(b) Such appeals, to be effective, shall be received by the Secretary to the Commission or by the City Clerk pursuant to Section 14-10.1101 no later than fourteen (14) calendar days following the date of the action from which such appeal is being taken.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the decision of the Commission or Council on such appeal.

(Ord. 1156-03 C-M, eff. May 22, 2003)

The Secretary to the Commission shall schedule a hearing by the Commission at the next available regular meeting, consistent with the agenda preparation procedures and schedules for the Commission meetings. The City Clerk shall schedule appeal hearings from the Commission to the Council at the next available regular meeting, consistent with the Council agenda preparation and meeting schedules. Any such appeal hearing shall be conducted pursuant to Part 10 of this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

Whenever an appeal is filed, notice shall be given in the manner provided in Part 9 of this chapter.

(Ord. 1156-03 C-M, eff. May 22, 2003)

(a) The Planning Commission, at the conclusion of the hearing pursuant to Part 6 of this chapter, may sustain, modify or overrule the action of the City official. The decision of the Planning Commission shall be final unless an appeal to the Council is filed pursuant to Section 14-10.1101. Unless otherwise determined by the Commission the hearing shall not be “de novo” but shall be limited to the issues identified in the notice of appeal.

(b) The Council, at the conclusion of the hearing pursuant to Part 7 of this chapter, may sustain, modify or overrule the action of the Planning Commission. The decision of the Council on any such appeal shall be final.

(c) In order for an official action to be overturned by an appeal the acting body must find: that the action taken by the official or advisory body was taken erroneously and was inconsistent with the intent of the zoning district regulations that regulate the proposed action.

(Ord. 1156-03 C-M, eff. May 22, 2003)