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Document1 1 City of Temecula 43200 Business Park Drive PO Box 9033 APPEAL Temecula – California 925899033 (951) 6946400 FAX (951) 6946477 Introduction This handout summarizes Temecula’s
appeal requirements. Appeal requirements are specified in section 17.03.090 of the Development Code. What is the Purpose of an Appeal? The purpose of the appeal procedure is to provide
a method of recourse for persons aggrieved by or dissatisfied with any action by the City in the administration or enforcement of the Development Code. Who considers appealed decisions?
Actions of the Planning Director on development permits and sign permits are appealed to the Planning Commission. All decisions of the Planning Commission are appealed to the City Council.
How do I apply for an Appeal? An application, available at the Planning Department, with appropriate information is submitted along with a processing fee to the Planning Department.
The application must be filed within fifteen days after service of written notice of decision on the associated application. What information must be provided in the appeal application?
The application shall indicate the specific decision to be appealed. The specific grounds of the appeal and the relief or action sought from the Planning Commission or City Council.
What are the procedures of the appeal hearing? During the appeal hearing the appellant is limited to a presentation of the specific grounds of the appeal and matters set forth in the
appeal application. In addition, the appellant shall have the burden of establishing why the appealed action should be altered, reversed or modified. What actions can the hearing body
take? The Planning Commission or City Council may continue the matter and at the conclusion of its consideration, may affirm, reverse or modify the action which was initially taken.
In addition, the Planning Commission or City Council may take any action which might have been taken originally with the exception of a variance which cannot be approved if previously
denied without specific findings being made as identified in Section 17.04.040(F) of the Development Code. Appeals
Document1 2 City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 925899033 (951) 6946400 FAX (951) 6946477 Date Stamp APPEAL (PUBLIC HEARING) Planning Application
No._______________ PROJECT INFORMATION Original Planning Application Number(s): ________________________________________________________ Appealing the decision of (Specify Director of
Planning, Director’s Hearing, or Planning Commission and Action Date): __________ _________________________________________________________________________________________ Briefly specify
what action or decision is being appealed: _____________________________________________ _________________________________________________________________________________________ Assessor’s
Parcel No(s): _____________________________________________________________________ Legal Description (Tract, Lot No.): ______________________________________________________________
Street Address(es): _________________________________________________________________________ General Location: ___________________________________________________________________________
ADDITIONAL PROJECT INFORMATION
Document1 3 APPLICANT/REPRESENTATIVE/OWNER INFORMATION APPELLANT/REPRESENTATIVE__________________________CONTACT_____________________________________ LAST FIRST MI. PHONE NO. ________________________
___________FAX NO. ___________________________________ ADDRESS___________________________________________________________________________________ STREET CITY STATE ZIP EMAIL _________________________
_________________________________________________________ PROPERTY OWNER _________________________________________________________________________ LAST FIRST MI. PHONE NO. ___________________________
__________ FAX NO. ___________________________________ ADDRESS___________________________________________________________________________________ STREET CITY STATE ZIP EMAIL _________________________
_________________________________________________________ I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application
cannot be accepted for processing. Applicant's Signature ______________________________________________ Date: __________________ Owner Certification I certify under the penalty of the
laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing
of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this
real property. Owner/Authorized Agent Signature: ________________________________ Date: ____________________ Print Name: ______________________________________________________ Written
authorization from the legal property owner is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner.
Document1 4 APPEAL APPLICATION SUBMITTAL REQUIREMENTS Submittal Requirements Completed and Signed Application and Filing Fee (within 15 calendar of written notice of action) 1 Written
description of what action is being appealed (described in Section A) 1 Written description to support the appeal (described in Section B) 1 Evidence to support position (described in
Section C) 1 Written description of desired action to be taken (described in Section D) 1 Public Hearing Requirements (copy from original file folder if less than six months old) (as
described in Section E) 1
Document1 5 SECTION A. DESCRIPTION OF ACTION BEING APPEALED Specify if appealing an action of the Planning Director or the Planning Commission. Include the date of the decision to be
appealed. Include the specific action that is being appealed, complete with original Planning Application Number(s), common name of project, general location of project, and any other
supporting information. SECTION B. WRITTEN DESCRIPTION TO SUPPORT APPEAL Include reason or justification to support the appeal. The Appellant must submit with this appeal each issue
that the appellant alleges was wrongly determined together with every agreement and a copy of every item of evidence. SECTION C. EVIDENCE TO SUPPORT POSITION The burden of proof to cause
the appeal action to overturn the prior decision rests with the Appellant. If the Appeal is to the City Council, only those issues that were presented during previous hearings may be
addressed. New evidence or issues may or may not be considered by the Council. SECTION D. DESIRED ACTION TO BE TAKEN Include a statement concerning the relief or action sought from the
Planning Commission or City Council.
Document1 6 SECTION E. PUBLIC HEARING REQUIREMENTS The following information may be obtained by requesting a "Radius Package" from a title insurance company. The following items will
be required at the time of filing of the case application: 1. TWO identical packages to be inserted in separate 9 1/2" x 12 1/2" manila envelopes. These envelopes shall indicate the
case number and the word "labels," and shall contain the following: a. One typed set of gummed labels (30 labels per sheet) indicating all the property owners' names and the mailing
addresses that are within 600foot radius of the exterior of their proposed project (this list shall be ascertained from the last equalized assessment roll). *A minimum of the 30 nearest
individual property owners (persons owning multiple properties shall only be counted once) shall be provided. b. A photocopy of the aforementioned labels. c. One label for the representative/engineer
. d. One label for the owner. 2. Four typed sets of gummed labels of the owner, engineer, and representative with their mailing addresses. Do not include duplicate sets where representative
and owner, etc., are the same. These should be inserted in a lettersized envelope and stapled to the outside of one of the large manila envelopes mentioned in item 1 above. 3. Certification
by the title company, engineer, or surveyor that the above list is complete and accurate. The Tax Assessor's Office will not prepare or certify the property owner list (see certification
form attached). 4. On a copy of your exhibit or tentative map showing all the parcels within the noticing radius. On the map, print the names of all property owners within the noticing
radius as they are listed on the gummed labels. * See Chapter 17.03 of the Development Code for the correct approval authority and noticing guidelines for your particular project.
Document1 7 PROPERTY OWNERS CERTIFICATION I, __________________________________, certify that on ________________ (Print Name) (Monthdayyear) the attached property owners list was prepared
by ________________________________________Pursuant to application requirements furnished by the City of Temecula Planning Department. Said list is a complete and true compilation of
owner of the subject property and all other property owners within 600 feet (or the 30 nearest individual property owners, whichever creates the greatest number of public notices (persons
owning multiple properties shall only be counted once) of the property involved in the application and is based upon the latest equalized assessment rolls. I further certify that the
information filed is true and correct to the best of my knowledge. I understand that incorrect or erroneous information may be grounds for rejection or denial of the application. NAME:_______________
________________________________________________ TITLE/REGISTRATION:__________________________________________________ ADDRESS:____________________________________________________________
PHONE:____________________________________________ (Daytime phone no.) SIGNATURE:___________________________________________________________ DATE: ____________________________ CASE NO.:
___________________