Chapter 17.30 — APPEALS — El Cajon Zoning Code

§ 17.30.010. Appeal of director's decision or determination. ¶

Any written decision or determination of the director of the community development department in the interpretation and/or implementation of this title may be appealed to the planning commission. Such an appeal must be filed in writing with the secretary of the planning commission within 10 days of the date of the director's decision or determination. In the event of an appeal, it shall be the duty of the secretary of the planning commission to forward all pertinent facts to the commission within 40 days of the filing of a written appeal. The commission shall conduct a public hearing pursuant to Chapter 17.25 . At the public hearing the planning commission shall review the facts, and shall set forth its findings and its decision in a resolution of record. Thereafter, such decision shall govern, unless appealed to the city council.

(Ord. 4950 § 3, 2010)

§ 17.30.020. Appeal of planning commission action. ¶

Any decision of the planning commission in granting or denying a variance or permit, or in interpreting a director's action or determination shall be final and conclusive, unless appealed in writing to the city council within 10 days of planning commission action. Furthermore, any action of the planning commission denying a proposed zoning amendment may be appealed in writing to the city council by any person within 10 days of planning commission action. The appeal shall be filed with the city clerk and the filing of an appeal shall stay the effective date of the planning commission action, until such time as the council has acted on the appeal. (Ord. 4950 § 3, 2010)

§ 17.30.030. Council member's request for review. ¶

A member of the city council may file a written request for a review of any resolution approved or denied by the planning commission with the City Clerk within 10 days of the planning commission action. A member of the city council may also file a written request to move a continued hearing from the planning commission's agenda to the city council's agenda during an active continuance when a hearing has been continued for two or more times, or if no action has been taken within 180 days of the first hearing. There shall be no filing fee for the council member's written request for review or to move a hearing from the planning commission to the city council. (Ord. 5151, 5/13/2025)

§ 17.30.040. Transmission of records. ¶

Upon receipt of a written appeal filed with the secretary of the planning commission or the city clerk, the director or the planning commission secretary, as applicable, shall transmit to the planning commission or the city council, as applicable, the director's or planning commission's complete record of the action or decision being appealed. (Ord. 4950 § 3, 2010)

§ 17.30.050. Council to hold public hearing on appeal. ¶

The city council shall conduct a public hearing as provided in Chapter 17.25 of this title within 40 days of the filing of a written appeal of a planning commission decision. (Ord. 4950 § 3, 2010)

§ 17.30.060. Council recommendation and referral to planning commission. ¶

The city council may approve, modify or disapprove any decision or action of the planning commission. Furthermore, the city council may refer any permit or variance request back to the planning commission for further consideration, if any modification is requested or required that was not previously considered by the planning commission.

The planning commission shall not be required to hold a public hearing thereon. However, failure of the planning commission to report within 40 days after the referral, or such longer period as may be designated by the city council, shall be deemed a positive recommendation of the proposed modification.

(Ord. 4950 § 3, 2010)

§ 17.30.070. Council to announce findings and decision by resolution. ¶

The city council shall announce its decision and findings by resolution within 40 days of receipt of a report from the planning commission or within 80 days from the date such matter was referred to the planning commission. Such resolution shall state findings supporting its decision upholding or denying the appeal.

(Ord. 4950 § 3, 2010)

§ 17.30.080. Decision of the council deemed final. ¶

The action by the city council on appeals shall be by majority vote of the entire council and shall be final and conclusive.

(Ord. 4950 § 3, 2010)

§ 17.30.090. Notice of council decision regarding appeals. ¶

No later than 10 days following council action regarding an appeal, a copy of the resolution documenting the council's action shall be mailed to the appellant, the applicant, and any other parties requesting notice of the action, and one copy of the resolution shall be forwarded to the secretary of the planning commission.

(Ord. 4950 § 3, 2010)