Mill Valley City Zoning Code

This chapter shall apply to all chapters in Titles 20 and 21 except those wherein alternative appeal procedures are specified.

Any person aggrieved by any determination, interpretation, decision, conclusion, decree, judgment or similar action taken by any administrative personnel under the provisions of Titles 20 and 21 may appeal the action to the Planning Commission, with the exception of a ministerial action, including, but not limited to:

Actions by the Zoning Administrator may be appealed to the Planning Commission.

Actions or appellate determinations of the Planning Commission may be appealed to the City Council.

Appeals shall be addressed to the appellate body in writing, and shall state the basis of the appeal. Appeals, on all matters other than tentative subdivision maps, shall be filed in the office of the appellate body in Mill Valley City Hall not later than 5:00 p.m. of the 10th calendar day following the date of the action from which an appeal is taken. Appeals on actions of tentative subdivision maps shall be filed in the office of appellate body not later than 5:00 p.m. on the 15th calendar day following the date of action from which the appeal is taken. Appeals shall be accompanied by the filing fee as specified by resolution adopted by City Council.

Notice of hearing shall be given as specified in Section 20.60.200.

The Planning Commission shall hold at least one public hearing on a decision that has been appealed within 60 days of the appeal after the appeal is received by the Director of Planning and Building. The Commission may continue the matter from time to time and may consider any issue or evidence relevant to the appealed matter, in addition to the specific grounds for the appeal. The Commission may affirm, reverse, or modify a decision that has been appealed. The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the Commission members present and voting.

The Council shall hold at least one public hearing on a decision that has been appealed within 60 days of the appeal after the appeal is received by the City Clerk. The Council may continue the matter from time to time and may consider any issue or evidence relevant to the appealed matter, in addition to the specific grounds for the appeal. The Council may affirm, reverse, or modify a decision that has been appealed. The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the Council members present and voting.

All rights of appeal are exhausted when the proceedings set forth herein have been completed.

Notwithstanding any provision of this chapter, any matter which must ultimately be decided and/or enacted by the City Council shall not be subject to the right of appeal set forth herein.