(A) Applicability. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this code may be appealed in accordance with this section.
(1) Appeals of Director decisions. Decisions of the Director made pursuant to this code may be appealed to the Planning Commission by filing a written appeal with the Director. Appeals may be filed by any person aggrieved by the decision. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be signed by the person making the appeal and accompanied by the required fee.
(2) Appeals of Planning Commission decisions. Decisions of the Planning Commission may be appealed to the City Council by any person aggrieved by the decision. Appeals must be initiated by filing a letter with the Director. Such action shall require a statement of reasons for the appeal.
(B) Time limits. Unless otherwise specified in governing state or federal law, all appeals shall be filed with the Director in writing within 15 days of the date of the action, decision, CEQA determination, motion, or resolution from which the action is taken.
(C) Proceedings stayed by appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of city building permits and business licenses.
(D) (1) Transmission of record. The Director shall schedule the appeal for consideration by the authorized hearing body within 40 days of the date the appeal is filed. The Director shall forward the appeal, a copy of the decision or action relating to the appeal, and all other documents that constitute the record to the decision making body hearing the appeal. The Director shall also prepare a staff report. The Director, at their discretion, may include a recommendation for action.
(2) Withdrawal. Any person who files an appeal of any decision rendered under any of the procedures included in this section may withdraw their appeal in accordance with the following rules:
(a) All withdrawals shall be in writing and signed by all persons who signed the appeal;
(b) Any appeal may be withdrawn by the appellant prior to the giving of the notice of hearing on appeal with the consent of the Director, who shall have the discretion to withhold such consent if the Director is of the opinion that such withdrawal might act to deprive other interested persons of an opportunity to oppose the action appealed from;
(c) The body appealed to may permit the withdrawal of an appeal at any time prior to rendering a decision upon the merits of the appeal;
(d) Any withdrawal effectively made pursuant to the above rules shall be an abandonment of the appeal and the decision appealed from shall be reinstated as though no appeal had been made; and
(e) Refunds shall not be issued for the withdrawal of appeals.
(E) Public notice and hearing. Public notice shall be provided, and the hearing conducted by the applicable appeal body.
(F) Hearing procedures. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice.
(Ord. 2021-03, passed 12-7-2021)