Pleasanton City Zoning Code
CHAPTER 18
144 APPEALS
§ 18.144.010 City council review.
The city council may elect to review an action of the planning commission or zoning administrator at the later of:
A.
Within 15 days following such action if any member of the city council advises the city Clerk in writing that such member wants a review of the action to be brought before the city council; or
B.
At its next regular meeting where the action is listed on the agenda as an action of the zoning administrator and planning commission, a majority of the city council may vote to review such action, or an individual member of the city council may state that such individual elects to have the council review such action.
§ 18.144.020 Appeal to planning commission or city council.
Where this title provides for an appeal of a decision of the zoning administrator, the building inspector, or the planning commission, the appeal shall be filed within 15 days of the date of the decision being appealed and shall be filed with the city Clerk. The appeal shall be made on a form provided by the city Clerk and shall state specifically the basis for the appeal.
§ 18.144.030 Public hearing on appeal.
The body designated by this chapter to hear an appeal shall hold at least one public hearing within 40 days of the date when the appeal was filed. The hearing shall be set and notice given as prescribed in Section 18.12.040 of this title. The hearing shall be de novo, and the decision-making body may uphold, deny, condition or modify a condition of the application on appeal.
(Prior code § 2-5.11; Ord. 2277, 5/7/2024)
§ 18.144.040 Action on appeal.
Within 40 days following the closing of a public hearing on an appeal, the body hearing the appeal shall render its decision. A decision by the zoning administrator or the planning commission shall become final 15 days after it is made, unless appealed by an interested party or reviewed by the city council; and a decision by the city council shall be final immediately after it is made.
A.
Findings. The decision-making body shall hear all evidence presented and shall make findings supporting its decision.
§ 18.144.050 Procedure for administrative appeal to planning commission.
An appeal may be made to the planning commission by any interested party of any administrative determination or interpretation made by: (1) the zoning administrator; or (2) the building inspector under this title.
A.
An appeal shall be made on a form prescribed by the community development department and shall be filed with the city Clerk.
B.
The public hearing on the appeal shall be scheduled as provided in Section 18.144.030, unless the appellant consents to an extension of time.
a.
If the party that is the subject of the administrative determination or interpretation is different than the appellant, such party must also consent to such extension of time.
C.
The planning commission's hearing on the appeal shall be de novo. The planning commission may affirm, condition or modify condition(s), or reverse any administrative determination or interpretation from which appeal is made, and in making its decision shall be guided by the objectives of this title.
a.
The decision of the planning commission shall be rendered within 30 days after the close of the public hearing on the appeal, unless the applicant shall consent to an extension of time.
i.
If the party that is the subject of the administrative determination or interpretation is different than the appellant, such party must also consent to such extension of time.
b.
A decision of the planning commission may be appealed to the city council by any interested party within 15 days of the date of the decision or, in the
c.
Event no decision is rendered, within 15 days following the time period prescribed for a decision by the commission.
d.
A decision of the planning commission may be reviewed by the city council as provided in Section 18.144.010.