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Portola Valley City Zoning Code

CHAPTER 18

78 - APPEALS TO AND REVIEW BY TOWN COUNCIL

18.78.010 - Appeals to council from board of adjustment or planning commission decisions.

The council shall hear the appeal of any person aggrieved, or any officer, department, board, or bureau of the county of the town affected by:

A.

The board of adjustment's approval or denial of a variance or decision on an appeal or a decision by an administrative official;

B.

The planning commission's approval or denial of an application for a conditional use permit;

C.

The planning commission's denial of an application for an amendment.

(Ord. 1979-166 § 27, 1979; Ord. 1967-80 § 1 (6951), 1967)

18.78.020 - Appeal to be filed when.

Within fifteen days from the date of the decision which is to be appealed, a written notice of appeal, specifying the grounds of appeal, must be filed with the agency from whom the appeal is made and with the clerk of the council.

(Ord. 2012-397 § 6, 2012; Ord. 1967-80 § 1 (6951.1), 1967)

18.78.030 - Notice of appeal—Form.

The notice of appeal shall be made on forms furnished by the town clerk and shall be full and complete and shall state specifically wherein it is alleged that there is an error in the decision, determination, order, or requirement of the board of adjustment or the planning commission or the architectural and site control commission from whom the appeal is made.

(Ord. 1967-80 § 1 (6951.2), 1967)

18.78.040 - Notice of appeal—Transmittal of documents.

When the notice of appeal is filed, the secretary of the body from which appeal is taken shall immediately transmit, to the town clerk, all of the documents constituting the record upon which the action appealed from was taken.

(Ord. 1967-80 § 1 (6951.3), 1967)

18.78.050 - Public hearing.

Section 18.34.130 shall govern.

(Ord. 1967-80 § 1 (6951.5), 1967)

18.78.060 - Council findings—Conditions and decisions.

All actions of the council related to the findings and recommendations shall be taken in accordance with the requirements of Chapter 18.78. In addition to the procedures set forth in Section 18.76.120, the granting of an appeal on an application for an amendment shall be done by ordinance.

(Ord. 1967-80 § 1 (6951.6), 1967)

18.78.070 - Notice of decision.

Section 18.76.130 shall govern.

(Ord. 1967-80 § 1 (6951.7), 1967)

18.78.080 - Record of council public hearing.

Section 18.76.140 shall govern.

(Ord. 1967-80 § 1 (6951.8), 1967)

18.78.090 - Transmittal of records to agency.

The town clerk shall transmit the complete record of the case back to the body from whom the appeal was made for permanent filing.

(Ord. 1967-80 § 1 (6951.9), 1967)

18.78.100 - Effective date of decision.

The decision of the council, in affirming, changing, or modifying the ruling, decision, or determination of the subject matter, shall be final upon the thirtieth day. If the decision is to deny the appeal, the decision is effective immediately.

(Ord. 1967-80 § 1 (6951.10), 1967)

18.78.110 - Records procedures for appeal granted on an amendment.

Section 18.74.190 shall govern.

(Ord. 1967-80 § 1 (6951.11), 1967)

18.78.120 - Review procedure by the council.

Within ten days of the date of any planning commission action under this title, or at the next meeting of the council, whichever is later, the council may review such action. Within fifteen days of the date of any architectural and site control commission, board of adjustment or administrative official's action under this title, the council may review such action. In its review, the council may affirm the action of the body or official based solely on the record transmitted to the council by the body or official. If, from a review of the record, the council believes that new evidence or testimony are required, or should they determine not to affirm the decision of the body or official, then the council shall set the matter for public hearing and give notice thereof in the manner required for appeals in Sections 18.78.010 through 18.78.110. Other actions and proceedings shall be the same as those for appeals under Sections 18.78.010 through 18.78.110.

(Ord. 1989-245 § 3 (Exh. C) (part), 1989: Ord. 1967-80 § 1 (6952), 1967)