Lathrop City Zoning Code
CHAPTER 17
125 APPEALS
§ 17.125.010 Purposes and applicability.
The purpose of these provisions is to prescribe the procedure through which an appeal may be made in case an interested person is dissatisfied with any order, requirement, permit, decision, determination, or disapproval, made in an administration, interpretation, or enforcement of this title.
(Ord. 19-405 § 1)
§ 17.125.020 Approving authority.
The following table identifies the approving authority for each entitlement.
Entitlement | Approving Authority | |
|---|---|---|
Community Development Director | Planning Commission | |
Site plan review | X | |
Minor site plan review | X | |
Administrative approval of certain uses | X | |
Conditional uses | X | |
Variances | X | |
Home occupation | X | |
Master sign program and sign design | X | |
Architectural design review | X | |
Determination of similar use | X | |
(Ord. 19-405 § 1)
§ 17.125.030 Appeal authority.
Any person dissatisfied with a determination or action of the community development director or planning commission made pursuant to this chapter may appeal such action to the designated appeal authority listed in the table below, within 10 days from the date of the action. Actions by the city council are final, and no further administrative appeals are available.
Approving Authority for Action Being Appealed | Appeal Authority | |
|---|---|---|
Planning Commission | City Council | |
Community development director | X | |
Planning commission | X | |
(Ord. 19-405 § 1)
§ 17.125.040 Filing an appeal.
A.
All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 10 days from, but not including, the date of determination or action for which an appeal is made, accompanied by a filing fee established by city council resolution, and submitted to the community development director. The time limit will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be subject of the appeal.
1.
Appeal of the Community Development Director Decision. The applicant or any other person may appeal such decision by filing a written notice of appeal with the community development director prior to the time the decision becomes final. The community development director shall furnish forms of notice of appeal.
2.
Appeal of Planning Commission Decision. The applicant or any other person aggrieved may appeal such decision by filing a written notice of appeal with the community development director prior to the time the decision becomes final.
(Ord. 19-405 § 1)
§ 17.125.050 Notice and schedule of appeal hearings.
Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements consistent with state law.
(Ord. 19-405 § 1)
§ 17.125.060 Appeal hearing and action.
Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. Only such evidence and plans as were submitted to and ruled upon by the approving authority may be provided to the appeal authority for review. The appeal authority may act to confirm, modify, or reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and, unless expressly provided by this chapter, may not be further appealed.
(Ord. 19-405 § 1)