§ 8.24.080 Appeals process.

   When this chapter allows for an appeal of an action, the appeals process shall be in accordance with Cal. Gov't Code § 66452.5 and as follows:

   (A)   Appeal Community Development Director, City Engineer, and Parcel Map Committee actions. Community Development Director, City Engineer, and Parcel Map Committee actions may be appealed to the Planning Commission as follows:

      (1)   Within ten days after the action of the Community Development Director, City Engineer, or Parcel Map Committee from which the appeal is taken, the action may be appealed to the Planning Commission by filing a notice of appeal with the Community Development Director. The notice of appeal shall be accompanied by payment of a fee as required by resolution of the City Council. If no appeal is filed, the action shall be final.

      (2)   Within 30 days after the date of filing an appeal, the Planning Commission shall hold a hearing to consider the matter. At the hearing of the appeal, the Planning Commission shall consider the report of the Community Development Director, City Engineer, or Parcel Map Committee, as applicable, in addition to testimony presented at the hearing.

      (3)   The Planning Commission may sustain, modify, reject, or overrule any action of the Community Development Director, City Engineer, or Parcel Map Committee, and make findings that are consistent with city ordinances or the Map Act. Within ten days following the hearing, the Planning Commission shall render its decision on the appeal.

   (B)   Appeal of Planning Commission action. Planning Commission actions may be appealed to the City Council as follows:

      (1)   Within ten days after the action by the Planning Commission from which the appeal is taken, the action may be appealed to the City Council by filing a notice of appeal with the Clerk of the City Council and the Community Development Director. The notice of appeal shall be accompanied by payment of a fee as required by resolution of the City Council. If no appeal is filed, the action shall be final.

      (2)   Within 30 days of the filing of an appeal, the City Council shall hold a hearing to consider the matter. At the hearing of the appeal, the City Council shall consider all of the following, as applicable, in addition to testimony presented at the hearing:

         (a)   The report of the Community Development Director.

         (b)   The minutes of the Planning Commission.

         (c)   The staff report.

      (3)   The City Council may sustain, modify, reject, or overrule any action of the Planning Commission and make findings that are consistent with city ordinances or the Map Act. Within ten days following the hearing, the City Council shall render its decision on the appeal, which shall be final.

(Ord. 15-12, passed 12-15-2015)

Table 8.24-1 Review Authority
Key R Recommended D Decision A Appeal - Not Applicable	Role of Review Authority
	Community Development Director	City Engineer	Parcel Map Committee	Planning Commission [1]	City Council
Map Approvals
Final Subdivision Map	R	R	-	-	D
Parcel Map	R	D [2 ]	-	A	A
Tentative Parcel Map	R	R	D	A	A
Tentative Subdivision Map	R	R	-	D	A
Vesting Tentative Subdivision Map	R	R	-	D	A
Tentative Parcel Map Waivers	D	R	-	A	A
Map Amendments
Amendment to a Parcel Map or Final Map to Correct Errors and Omissions	-	D	-	A	A
Amendment to a Parcel Map or Final Map to Reflect Changed Circumstances	-	R	-	D	A
Amendment to a Tentative Parcel Map	R	R	D	A	A
Amendment to a Tentative Subdivision Map or a Vesting Tentative Subdivision Map	R	R	-	D	A
Map Extensions
Automatic Extension to a Tentative Subdivision Map or a Tentative Parcel Map	D	-	-	A	A
Discretionary Extension to a Tentative Subdivision Map or a Vesting Subdivision Tentative Subdivision Map	R	R	-	D	A
Discretionary Extension to a Tentative Parcel Map	R	R	D	A	A
Other Decisions
Accepting Dedication of Land, Rights- of-Way and Easement	R	R	-	R	D
Lot Line Adjustment	R	R	D[ 2]	A	A
Certificate of Compliance	R	R	D	A	A
Deferred Improvement Agreement	-	D	-	A	A
Reversion to Acreage	R	R	-	D	A
Voluntary Lot Merger	R	R	D	A	A
Notes: [1]   The Planning Commission is the review authority for lot line adjustments requiring a variance. [2]   Any dedications must be approved by the City Council.

 

(Ord. 15-12, passed 12-15-2015)