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HomeMy WebLinkAbout16.52 AppealsBakersfield Municipal Code - Title 16, Subdivision Ordinance Appeals November, 2012 Chapter 16.52, Page 1 Chapter 16.52 APPEALS Sections: 16.52.010 Who may file 16.52.020 Filing 16.52.030 Hearing - Notice to subdivider - City Council decision 16.52.040 City Council action and findings 16.52.050 Application completeness appeal Bakersfield Municipal Code - Title 16, Subdivision Ordinance Appeals November, 2012 Chapter 16.52, Page 2 16.52.010 WHO MAY FILE. The subdivider, the City Engineer, the Planning Director or any interested person adversely affected by a decision of the advisory agency regarding a tentative map or vesting tentative map, may file an appeal from such decision to the City Council. 16.52.020 FILING. A. Any such appeal, except for a decision for extension of time for a tentative map, shall be filed with the Clerk of the City Council within 10 days after the action of the advisory agency from which the appeal is being taken. An appeal for a decision for an extension of time for a tentative tract or tentative parcel map shall be filed with the Clerk of the City Council within 15 days after the action of the advisory agency from which the appeal is being taken. B. The appeal may be filed on forms provided by the City. Any appeal shall include the appellant’s interest in or relationship to the subject property, the decision or action appealed and shall state reasons why the appellant believes the decision or action of the Commission should not be upheld. No appeal filing shall be deemed complete unless all such information is provided. C. No right of appeal to the Council from the advisory agency decision shall exist when the appellant seeks to appeal any ministerial/nondiscretionary city ordinance or resolution requirement, or state or federal law which, when imposed, does not involve the exercise of discretion or personal judgment. Seeking an appeal of the advisory agency decision on such matters shall be grounds for denying an appeal filing, on that particular issue. 16.52.030 HEARING - NOTICE TO SUBDIVIDER - CITY COUNCIL DECISION. A. Upon the filing of an appeal, the City shall review the appeal application for completeness. If the appeal does not comply with Subsections 16.52.020 (B) and (C), the City shall forthwith notify the applicant of the defect. If the appeal complies with Subsections 16.52.020 (B) and (C), the City Clerk shall set the matter for hearing upon notice to the subdivider, the advisory agency and affected interested persons. B. Such hearing shall be held within a reasonable time, but no event later than 60 days after the date of filing the appeal unless the subdivider consents to a continuance. Bakersfield Municipal Code - Title 16, Subdivision Ordinance Appeals November, 2012 Chapter 16.52, Page 3 C. Within 10 days following the conclusion of the hearing, the City Council shall render its decision on the appeal. 16.52.040 CITY COUNCIL ACTION AND FINDINGS. The City Council may sustain, modify, reject or overrule any recommendation, finding or ruling of the advisory agency and shall make appropriate findings. 16.52.050 APPLICATION COMPLETENESS APPEAL A. If, after receipt of an initial application a for tentative subdivision map, the Community Development Director or his (her) designee determines that the application is not complete and upon re-submittal of the same application the Community Development Director or his (her) designee determines the same, the subdivider or designated representative may appeal the Community Development Director’s or his (her) designee’s determination to the Planning Commission by filing a written notice of appeal and payment of fees with the Planning Director within 10 days of said determination. The appellant shall set forth in writing the precise basis and issues on appeal and request a hearing thereon. B. Notice of the date, time and place of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the subdivider or designated representative of the subject real property, the owner’s duly authorized agent, the project applicant, and the appellant. Notice shall also be mailed to every person filing with the Planning Director a written request for notice. C. Any person not satisfied with the decision of the Planning Commission may, within 10 days of the date of that decision, appeal to the City Council. All procedures for notice, review of the appeal, and the holding of the public hearing within Section 17.08.080E shall also apply to the City Council. D. Failure to file an appeal within the time period prescribed therefor shall be deemed a waiver of the right of appeal.