Fillable Application for Appeal (DS-210) (City of Murrieta)

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Application for Appeal (DS-210) (City of Murrieta)

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Page 1 of 8 Rev. 10/2019
Application for Appeal (DS-210)
For Planning Division Office Use Only
Case Number: Date Submitted: Received by:
PROJECT INFORMATION
Original Case Number: Original Approval Date:
PROJECT TITLE AND DESCRIPTION
Project Name/Name of Center: (if applicable)
APPEALANT INFORMATION
APPEALANT
Contact Name: E-Mail:
Company Name: E-Mail:
Mailing Address:
Street
City State ZIP
Daytime Phone No: ( ) Fax No.: ( )
PRINTED NAME OF APPEALANT SIGNATURE OF APPEALANT
CONTACT PERSON (If different from appellant)
Contact Name: E-Mail:
Company Name: E-Mail:
Mailing Address:
Street
City State ZIP
Daytime Phone No: ( ) Fax No.: ( )
CITY OF MURRIETA
Development Services Department
Planning Division
1 Town Square | Murrieta, CA 92562 | 951-461-6061
www.murrietaca.gov
Page 2 of 8 Rev. 10/2019
FILING INSTRUCTIONS FOR
APPEAL APPLICATION
The following instructions are intended to provide the necessary information and procedures to facilitate the
processing of an Appeal application. Your cooperation with these instructions will insure that your application can be
processed in the most expeditious manner possible.
THE APPEAL FILING PACKAGE MUST CONSIST OF THE FOLLOWING:
INITIAL SUBMITTAL:
1. One complete and signed application form.
2. $1,000.00 fee for this application type. To view the Fee Schedule, go to:
murrieta.civicplus.com/DocumentCenter/View/661/Fee-Schedule---Planning-Only-2018-to-2019--PDF
3. Provide a written statement detailing the decision being appealed and the reason for the appeal.
4. PRIOR TO SCHEDULING A PUBLIC HEARING:
In order to facilitate mailing of public hearing notices to affected properties a complete noticing
package is required. The required radius is 300 feet from the exterior boundaries of the property for
which the application is filed. The Director may require additional noticing if determined necessary
or desirable or to comply with the “expanded notice” requirements of the Development Code.
Please Note: Property owner noticing requirements may vary based on the location of the proposed
project site. (Consult with a case planner to determine when labels are required).
a. An Assessor’s Parcel Map(s) illustrating the required radius as measured from the exterior
boundaries of the subject site, Include all parcels within the radius and all those that touch the
radius line. Preferred scale of the map is 1-200 feet, 300 feet, or 400 feet.
b. If more than one (1) Assessor’s Parcel Map is required to show all of the affected parcels then
an index map must be included. The index map must show the entire area affected on ONE
SHEET. The required radius boundary line must be drawn on the map and be clearly visible
(Preferably in red line). Index map(s) from the Riverside County Tax Assessor’s Office may be
used for this purpose.
c. Two (2) sets of self-adhesive labels with the name, address and assessor’s parcel number for
every parcel within the required radius. These labels must be based on the latest equalized tax
roll from the Riverside County Tax Assessor’s Office.
d. Include mailing labels for the property owner, applicant, and representative.
e. A signed certification letter from the person(s) preparing the list certifying that the information
contained therein is accurate and is from the latest Riverside County Tax Assessor’s Rolls. A
sample “Public Noticing Certified Property Owner’s List Affidavit” is included at the back of this
application.
Information to prepare the above may be obtained from the Riverside County Tax Assessor’s
Office. Also, local Title Companies offer this service.
Additional copies of this application may be obtained from the Planning Division Web Page at https://ca-
murrieta.civicplus.com/276/Planning-Documents
Page 3 of 8 Rev. 10/2019
PUBLIC NOTICING
CERTIFIED PROPERTY OWNER’S LIST AFFIDAVIT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MURRIETA
I, , HEREBY CERTIFY THAT THE ATTACHED LIST CONTAINS THE NAMES AND
ADDRESSES OF ALL PERSONS TO WHOM ALL PROPERTY IS ASSESSED AS THEY APPEAR ON ALL THE LATEST AVAILABLE
ASSESSMENT ROLL OF THE COUNTY OF RIVERSIDE WITHIN THE AREA DESCRIBED AND FOR A DISTANCE OF
__________ FEET FROM THE EXTERIOR BOUNDARIES.
I/WE CERTIFY (OR DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA) THAT THE
FOREGOING IS TRUE AND CORRECT.
DATE: SIGNED:
Page 4 of 8 Rev. 10/2019
Murrieta, CA Municipal Code
16.78 Appeals
Sections:
16.78.010 Purpose.
16.78.020 Appeal of Action.
16.78.030 Filing Appeals - Time Limit and Contents.
16.78.040 Meet and Confer Requirements.
16.78.050 Appeal Hearing Notice - Continuances.
16.78.060 Submission of Materials.
16.78.070 Withdrawal of Appeals.
16.78.080 Appeal Hearing and Decision.
16.78.090 Effective Date of Appealed Actions.
16.78.010 Purpose.
The purpose of this chapter is to provide procedures for filing of appeals of the decisions,
determinations or actions by the department staff or director, or the decisions, determinations or
actions of the planning commission.
(Ord. 430-10 § 12, 2010; Ord. 182 § 2 (part), 1997)
16.78.020 Appeal of Action.
Decisions, determinations and actions (hereinafter referred to as "actions") by the director and the
planning commission that may be appealed, and the authority to act on an appeal shall be as
follows:
A. Appeal of Director Decisions.
1. Notwithstanding other provisions of this code, any person may appeal those actions
rendered by the director for which the applicable code section expressly provides for
the right to appeal as shown in Table 4-3.
2. Except for impact fee reductions, appeals of the director's actions shall be heard by
the planning commission, unless otherwise stated.
3. An individual city councilmember or planning commissioner may appeal any action
rendered by the director pursuant to the procedures set forth in this chapter.
4. An individual city councilmember or planning commissioner may file up to three (3)
appeals total in a year with no fee required. For this purpose, a year is defined as
beginning on December 1 and ending on November 30. Additional appeals by an
individual city councilmember or planning commissioner shall be accompanied by the
applicable fee.
Page 5 of 8 Rev. 10/2019
TABLE 4-3 DIRECTOR ACTIONS SUBJECT TO APPEAL
ACTION TYPE
APPEAL REFERENCE CODE SECTION
Code Interpretations
16.04.030C
Development Plan Permits
(administrative)
16.56.020A, B
Home Occupation Permits
16.60.100A
Impact Fee Reduction
16.36.050B
Large Family Day Care Permits
16.62.030; 16.62.030E; 16.44.050B1a
Minor Conditional Use Permits
16.52.020
Minor Variances
16.72.020
Residential Tentative Parcel Maps
16.94.070A
Revised Permits
16.80.070D2
Temporary Use Permits
16.70.020
Time Extensions
16.42.110A
B. Appeal of Planning Commission Decisions.
1. Any person may appeal any final action rendered by the planning commission to the
city council, pursuant to the procedure set forth in this chapter.
2. An individual city councilmember may appeal any action rendered by the planning
commission pursuant to the procedure set forth in this chapter.
3. An individual city councilmember may file up to three (3) appeals total in a year with
no fee required. For this purpose, a year is defined as beginning on December 1 and
ending on November 30. Additional appeals by an individual city councilmember shall
be accompanied by the applicable fee.
C. Appeal of Environmental Decision.
Any person, in connection with any entitlement, permit or administrative decision
authorized under the development code (Title 16), may appeal to the city council, pursuant
to the procedures and requirements set forth in this chapter, the determination of a non-
elected, decision-making body of the city to certify an environmental impact report,
approve a negative declaration or mitigated negative declaration, or determination that a
project is not subject to Public Resources Code section 21080 et seq. (California
Environmental Quality Act) if the project is not otherwise subject to further administrative
review.
(Ord. 430-10 § 12, 2010; Ord. 348 § 2, 2006; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
Page 6 of 8 Rev. 10/2019
16.78.030 Filing Appeals - Time Limit and Contents.
A. Appeals to the Planning Commission. An appeal of an action of the director shall be filed
with the secretary of the commission within ten (10) days following the date of the action for
which an appeal is made.
B. Appeals to the Council. An appeal of a planning commission action or an appealable
environmental determination pursuant to Section 16.78.020C (Appeal of Environmental
Determination) shall be filed in the office of the city clerk within ten (10) days following the
date of the action for which an appeal is made.
C. Next Business Day. If the last day to file an appeal falls on a legal holiday recognized by the
city or on a Saturday or Sunday, the following business day shall be deemed the last day to
file the appeal.
D. Form and Content. All appeals shall be in writing on a form obtained from the secretary of
the commission (for appeals to the planning commission) or city clerk (for appeals to the
council). The appellant shall state the specific reasons for the basis of the appeal in writing
on the appeal form. Appeal applications shall include the required fee, in compliance with
the city council's fee resolution, and mailing labels for property owners based on the original
list used for the action for which the appeal is made. The mailing labels shall be supplied by
the appellant.
E. Filing Fee. Except in those instances where an appeal is filed by the city manager or other
public official in pursuance of official duties, or by a planning commissioner or city
councilmember pursuant to Section 16.78.020A3 or Section 16.78.020B3, the written notice
of appeal from the action of an administrative official or from an administrative body of the
city, as the case may be, shall be accompanied by a fee as may be required by other
enactment of the city council.
F. Incomplete Submittal. In the event any notice of appeal fails to include any information
required by this section, the city clerk or secretary of the commission shall return the same
to the appellant within ten (10) days with a statement of the respects in which it is deficient.
The appellant shall thereafter be allowed five (5) working days in which to perfect and re-file
the notice of appeal. If the notice of appeal is not re-filed with the city within the five (5)
working days following its return by the city clerk or secretary of the commission, the appeal
shall be considered late and shall not be accepted.
(Ord. 430-10 § 12, 2010; Ord. 182 § 2 (part), 1997)
16.78.040 Meet and Confer Requirements.
Before an appeal is heard by the city council or planning commission, the director shall provide an
opportunity through a meet and confer process to discuss the issues on appeal and determine
whether a common solution to the appeal exists. Where an appeal has been filed by anyone other
than the project applicant, meet and confer shall include the appellant and the project applicant
together with appropriate department staff. Where an appeal has been filed by a project
applicant, appropriate department staff shall meet and confer with the project applicant.
However, under no circumstances may compliance with this section delay consideration of an
appeal inconsistent with any applicable state or federal law.
(Ord. 430-10 § 12, 2010)
Page 7 of 8 Rev. 10/2019
16.78.050 Appeal Hearing Notice - Continuances.
Public notice of an appeal shall be given in the same manner in which the original notice was
given. A hearing date shall be set within thirty (30) days of a complete filing of the appeal form,
required fee(s), and necessary materials pursuant to Section 16.78.030D (Form and Content). If,
after an appeal has been noticed for a hearing, in the opinion of the director, and with the
concurrence of the appellant and the project applicant, good cause exists to defer a decision on an
appeal to a later date, such a continuance may be approved by the director. In such case, the
meeting agenda for the date noticed for the hearing shall indicate the new hearing date and that
the item has been continued pursuant to this section. In no case shall the initial continuance by
the director be for greater than thirty (30) days from the original appeal hearing date. A second
continuance may be given until the next regularly scheduled meeting. However, no continuance
under this section may be granted which is inconsistent with any applicable state or federal law.
(Ord. 430-10 § 12, 2010)
16.78.060 Submission of Materials.
All substantive, evidentiary, and technical materials, including, but not limited to: geologic/seismic
reports, traffic studies, noise studies, biological studies, and any other scientific studies; any visual
simulations; and any comparative analytical or statistical report submitted by any interested party
to be considered by the city council or planning commission, shall be submitted to the director no
later than nine (9) days prior to the scheduled date for consideration by the city council, and no
later than nine (9) days prior to the scheduled date for consideration by the planning commission.
Materials submitted after the required number of days prior to the scheduled date for
consideration shall be considered in the sole discretion of the planning commission or city council
upon a showing of good cause, such as materials which were unavailable at the above deadline.
Materials which may be submitted at the time of the hearing include petitions, group or individual
letters, photographs, renderings, and presentational aids.
(Ord. 430-10 § 12, 2010)
16.78.070 Withdrawal of Appeals.
Any appeal filed pursuant to Section 16.78.020 (Appeal of Action) may be withdrawn by an
appellant by filing such withdrawal in writing at least seventy-two (72) hours before the matter is
noticed to be heard. In such case, and if no other appeal of the same matter has been filed and not
withdrawn, the matter will be removed from consideration and the prior decision shall become
final.
(Ord. 430-10 § 12, 2010)
Page 8 of 8 Rev. 10/2019
16.78.080 Appeal Hearing and Decision.
A. Appeal of Director Actions and Planning Commission Actions. In hearing an appeal, the
appeal body may take any of the following actions:
1. Affirm or deny on the basis of the issues appealed or continue the public hearing to a
date and time certain.
2. Set the matter for a new hearing at which time it may affirm, affirm in part, or reverse or
otherwise modify the previous determination that is the subject of appeal.
3. A decision by an appeal body to continue a public hearing pursuant to Section
16.78.080A1 or to set a matter for a new hearing pursuant to Section 16.78.080A2 may
not be appealed. A majority vote of the appeal body is required to grant any appeal of a
lower decision-making body.
B. Appeal of an Environmental Determination. The hearing date shall be set within thirty (30)
days of the submittal of complete appeal materials pursuant to Section 16.78.030D (Form
and Content), and the hearing date shall be no later than the second regular meeting of city
council subsequent thereto. A majority vote of the city council is required to certify the
environmental document or uphold the environmental determination.
(Ord. 430-10 § 12, 2010)
16.78.090 Effective Date of Appealed Actions.
An action of the director, appealed to the planning commission shall not become final until upheld
by the planning commission, unless it is withdrawn pursuant to Section 16.78.070 (Withdrawal of
Appeals). An action of the planning commission or an environmental determination appealed to
the city council shall not become final unless and until upheld by the city council, unless it is
withdrawn under Section 16.78.070 (Withdrawal of Appeals). The city council's decision shall be
final. Any appealed action that is withdrawn under Section 16.78.070 (Withdrawal of Appeals)
shall be considered final and effective on the date the city receives the written withdrawal of the
final appeal related to it.
(Ord. 430-10 § 12, 2010; Ord. 182 § 2 (part), 1997)
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Application for Appeal (DS-210) (City of Murrieta)

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Completed 14 July 2020

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