The provisions of division 16-66 establish procedures for the appeal and review of determinations and decisions of the director, board, commission, or other town official.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

General procedures. A decision of the review authority authorized to issue zoning permits or other entitlements hereunder may be appealed to the council, unless another appeal body (See table 5-1 in section 16-50.020 [authority for land use and zoning decisions]) or procedure is specified in this zoning ordinance (See section 16-66.040 [site plan and architectural review exception]).

B.

Days. Days shall mean calendar days, unless otherwise specified in this zoning ordinance.

C.

Determinations and actions that may be appealed. The following types of actions may be appealed:

1.

Appeal on action. Action to approve, approve with conditions, or deny any discretionary zoning permit and/or determinations regarding compliance with the environmental review requirements, pursuant to the California Environmental Quality Act and the town's Local CEQA Guidelines, for such permits.

2.

Appeal on error. Determinations as to the meaning or applicability of the provisions of this zoning ordinance that are believed to be in error.

3.

Appeal on completeness. Any determination that a permit application or information submitted with the application is incomplete, in compliance with state law (Government Code Section 65943). Refer to subsection 16-50.050.C. (appeal of determination of completeness) for further information.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 524 N.S., § 1C, 3-2-2011; Ord. No. 541 N.S., § 2(DD), 8-15-2012)

A.

Filing.

1.

Appeals shall be filed in writing with the town clerk on a prescribed form, accompanied by the appropriate fee, within ten days following the date of the decision being appealed, unless another time period (e.g. five business days) is specified in this zoning ordinance. For purposes of filing an appeal, if the final day to appeal falls on a town hall observed holiday or a day when town hall is closed, the final day to appeal shall be extended to the next day at which town hall is open for public business.

2.

In the appeal form, the appellant shall state specifically the reasons why the decision is inconsistent with applicable provisions of this chapter or of other applicable provisions of the Municipal Code or other laws or regulations, or the appellant's other basis for claiming that the decision was an error or abuse of discretion, including, without limitation, any claims that the decision is not supported by evidence in the record or is otherwise improper.

B.

Record to town clerk. For appeals to town council, within a reasonable period of time established by the town following the close of the appeal period, the director shall transmit or make available the entire record on appeal to the town clerk. The record shall consist of the application excluding any amendments or supplements thereto made after the decision being appealed was announced; all evidence presented at the hearing; all staff reports; all minutes; and all other written records of the proceeding.

C.

Town council hearings. The council, at a meeting following appropriate notice, shall hear the appeal and, upon consideration thereof and of the record, shall make its findings and render a decision thereon.

D.

Authority of council; remand.

1.

The council may grant, partially grant or deny the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of this zoning ordinance. The appeal may be upheld by a majority of those voting, when a quorum of at least three members is present. The lack of an affirmative majority of those voting for granting or partially granting an appeal, including a tie vote, shall constitute a denial of the appeal. When reviewing a decision on a zoning permit, the council may adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal. The findings, decision, and action of the council shall be final.

2.

Alternatively, the council shall have the power to remand the matter to the review authority from which it was appealed for further hearing, review, and action. In doing so, the council shall provide a specific description of the outstanding and unresolved issues. If the review authority from which the decision was appealed changes or modifies its decision, and the decision as modified is appealed to the council, the appeal shall be deemed to be from the decision of the review authority as changed or modified.

E.

Appeal by persons other than the applicant. In the event the review authority approves an application, any two members of the council or the director, without paying a fee, or any interested person, upon payment of fees, may appeal the decision by filing a written notice of appeal with the town clerk in accordance with the procedure set forth above.

F.

Referral of appeals. The council may refer an appeal to any review authority, or other appropriate entity for a report and recommendation, to be returned within forty-five days for further proceedings by the council.

G.

Rights pending appeal. Pending decision on an appeal, all rights emanating from the permit, license or other entitlement that is the subject matter of the appeal, and all time periods relevant thereto, shall be suspended.

H.

Finality of decisions. In the event an appeal is not filed within the applicable time frame specified in this zoning ordinance, the action of the review authority shall be final.

I.

Transmittal of minutes. A copy of the hearing minutes shall be sent, upon written request, to the appellant by first-class mail.

J.

Notice of decision. A notice of decision of the council shall be sent as set forth in subsection 16-64.060.C (notice of council decision).

K.

Withdrawal of appeal. After an appeal of a decision has been filed, the appeal shall not be withdrawn except with the consent of the director.

L.

Judicial challenge. If the decision is challenged in court, the appellant may be limited to raising only those issues which were raised at the public hearing, or in written correspondence delivered to the department, at or prior to the public hearing, in compliance with state law (Government Code Section 65009.b.2).

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

Decisions of the director or his designee on applications for site plan and architectural review may be appealed within five business days to the board, which shall follow the same procedures for hearing the appeal as set forth for the council in section 16-66.030 (filing and processing of appeals). Notwithstanding provisions of section 16-66.030 to the contrary, the decision of the board on appeal shall be final.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)