MacK v. Ironside

California Court of Appeal Oct 29, 1973 No. Civ. 32602Published

Before: Devine

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Holding. The court held that the city council had jurisdiction to review the planning commission's decision despite failing to strictly comply with the procedural requirements for filing an appeal under the local zoning ordinance. The court determined that a liberal construction of the ordinance, supported by Government Code section 65801, validated the council's action in the absence of a due process violation.

Issues

Whether the city council lacked jurisdiction to review a planning commission decision when it failed to follow the formal appeal procedures set forth in the city's zoning ordinance.
Whether the city council's failure to comply with procedural requirements for appeals rendered its decision invalid under the circumstances.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The question, raised for the first time on appeal, is whether the city council lacked jurisdiction to hear the appeal. We conclude that it did not lack jurisdiction.”

“But a fairly liberal construction of section 30.1102 warrants a holding that surely a “person”—indeed, five “persons” have, in effect, appealed”

“Due process, which assuredly was requisite, was by no means wanting.”

Opinion

DEVINE, P. J.

The judgment from which plaintiffs appeal is one them a writ of mandate compelling the City of Menlo Park to issue a use permit to them.

[129]

On February 28, 1972, plaintiff Melville Mack applied to the Planning Commission of the City of Menlo Park for a use permit for a self-service gas station. On March 20, 1972, the planning commission approved the application by a five to zero vote. The city’s zoning ordinance section 30.701D provides: “A use permit shall be effective the fifteenth day after planning commission approval unless the planning commission action is appealed to the city council, in which case the permit shall not be effective until the city council has acted upon the appeal.”

Section 30.1101 of the ordinance reads: “Any person may appeal to the city council any order, requirement, decision or determination of the commission, in the manner provided herein.”

Section 30.1102 of the zoning ordinance provides: “Appeals shall be made in writing and filed with the city clerk within fourteen days after the final action of the planning commission. The appeal shall be accompanied by a fee, as set by the city council, and clearly shall state the reason for appeal. Upon receipt of such appeal, the city clerk shall notify the commission and shall set a time, within thirty days after the receipt of such appeal, for a public hearing on such appeal. Notice of such hearing shall be given as set forth in section 30.10.”

No written appeal of the planning commission action was filed by any person with the city clerk within the 14-day period provided by section 30.1102. However, on March 28, 1972, at its regular weekly meeting the city council itself determined to “review” the action of the planning at its next regular meeting, on April 4, 1972. On April 4, since there were only three members of the five-member city council present, the matter was continued to April 18, 1972. On April 18, a full hearing was held. Arguments by both sides were heard, and appellants’ counsel requested that the matter be continued to the May 9th meeting so that the city council could examine plans of the proposed development. At the May 9th meeting, after more arguments by both sides, the city council voted five to zero to deny the use permit.

MacK v. Ironside

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DEVINE, P. J.

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