This Chapter establishes procedures for the appeal of determinations and decisions rendered by the Commission and Director.
(Ord. 1017, 2013)
A.
Zoning Code Administration and Interpretation. The following determinations and actions of the Director and Department staff may be appealed to the Commission and then to the Council:
B.
Planning permit decisions.
1.
Director's decisions. Any decision of the Director may be appealed to the Commission.
2.
Development Review Committee's decisions. Any decision of the Development Review Committee on a Site Plan and Design Review may be appealed to the Commission.
3.
Commission's decisions. Any decision of the Commission may be appealed to the Council.
(Ord. 1017, 2013)
A.
Commission or Council review.
1.
Commission. The Commission may call for a review of any determination or decision rendered by the Development Review Committee, Director, or Department staff.
2.
Council. The Council may call for a review of any determination or decision rendered by the Commission, Development Review Committee, Director, or Department staff.
3.
Majority vote required. A call for review may only be commenced by the affirmative vote of the majority of the members present of the applicable review authority.
B.
Process for calling for a review.
1.
Initiation by Commissioners. One or more Commissioners may initiate a call for review of a Director's determination or decision by filing a written request with the Department before the effective date of the action, which means within 10 calendar days following the date of the determination or decision.
2.
Initiation by Council members.
a.
One or more Council members may initiate a call for review of a Commission's or Director's determination or decision by filing a written request with the City Clerk before the effective date of the action, which means within 10 calendar days following the date of the determination or decision.
b.
The Council may call for the review of a Director's determination or decision directly, or may direct the Commission to first consider the matter and provide a written recommendation to the Council.
3.
Consideration of call for review. The Commission or Council, as applicable, shall consider the call for review at its next regularly scheduled meeting.
4.
Vote by review authority. If the Commission or Council, as applicable, votes to review the determination or decision, a subsequent review hearing shall be scheduled to consider the merits of the review.
5.
Notice to applicant. At the time the review authority votes to commence the review, the applicant shall be informed of the aspects of the application and the determination or decision that the review authority will consider.
6.
Effect of call for review.
a.
A request for a call for review by a member of a review authority shall stay the effective date of a determination or decision until the review authority can make a decision on the call for review request.
b.
The timely filing of a call for review does not extend the time in which an appeal of a determination or decision shall be filed. The normal appeal period shall continue to run in compliance with Section 20.615.040 (Filing and Processing of Appeals), below.
c.
If the review authority decides to call for review of the subject determination or decision, then the previous determination or decision shall be vacated.
d.
If the review authority decides not to call for review the subject determination or decision, then the determination or decision shall become final unless the appeal period has not expired.
7.
Filing of an appeal pending a call for review.
a.
Right to file an appeal. Any person may file a timely appeal in compliance with this Chapter even though a call for review has been filed in compliance with this Section.
b.
Effect of filing an appeal. The filing of the appeal shall serve to protect the rights of the appellant(s) in the event the call for review is subsequently withdrawn or rejected.
8.
Withdrawal or failure of a call for review. If a request for a call for review is withdrawn after filing, or is rejected, the remaining days of the call for review period shall start from the date on which the call for review is withdrawn or is rejected.
9.
10.
Fees not required. Fees shall not be required in conjunction with the filing of a call for review.
11.
Required votes. The final action calling for review of a determination or decision shall require an affirmative majority vote of those members lawfully authorized to vote on the matter.
C.
Concurrent Commission recommendations. When the Commission makes a recommendation to the Council on a legislative matter (e.g., development agreement, Zoning Code amendment, General Plan amendment, specific plan amendment, or Zoning Map amendment), any concurrent decision by the Commission on an approval, permit, or Variance, or other non-legislative land use permit application concerning, in whole or in part, the same lot(s) shall also be deemed to be timely called up for review by the Council.
(Ord. 1017, 2013)
A.
Eligibility.
1.
An appeal in compliance with this Chapter may be filed by any aggrieved person, except that in the case of a decision on a Conditional Use Permit, Variance, and/or other decision that followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing.
2.
Any action or decision by the Commission, Director, or Department staff in compliance with this Zoning Code may be appealed by a Council member acting as an individual.
B.
Timing and form of appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal.
1.
The pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous review authority (e.g., Commission, Director, or other City official) in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record. Appeals filed by a City official, a Commissioner, or a Councilmember shall be exempt from the requirements of this Subparagraph.
2.
The appeal shall be filed with the Department or City Clerk, as applicable, within 10 calendar days following the actual date the decision was rendered. If the 10th calendar day falls upon a day in which City Hall is closed, the appeal must be received by the end of following regular business day.
3.
The appeal shall be accompanied by the filing fee identified in the Planning Fee Schedule.
4.
Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable review authority.
C.
Scope of planning permit appeals. An appeal of a decision on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.
D.
Report and scheduling of hearing.
1.
When an appeal has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority, identified in Section 20.615.020 (Appeal Subjects and Jurisdiction), above.
2.
Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 20.625 (Public Hearings).
3.
Any interested party may appear and be heard regarding the appeal.
E.
Withdrawal of appeal. An appeal may be withdrawn at any time prior to or during the public hearing. The withdrawal of an appeal shall cause the action or decision appealed from to become immediately effective and final.
F.
Decision.
1.
In deciding an appeal the review authority considering the appeal shall not hear or consider any evidence of any kind other than the evidence received from the previous review authority, or any argument on the merits of the case other than that contained in the notice of appeal, unless it sets the matter for hearing before itself, as provided in this Chapter, and gives the same notice of hearing as is required in compliance with Chapter 20.625 (Public Hearings).
2.
If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director or Commission, as applicable, for further consideration.
3.
In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.
4.
Provision of notice of decision.
a.
Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final decision to the appellant, applicant (if not the appellant), and to any person who specifically requested notice of the City's final action.
b.
The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.
G.
Effective date of appeal decisions.
1.
Commission's decision. A decision of the Commission is final and effective after 5:00 p.m. on the 10th calendar day following the actual date the decision is rendered, when no appeal to the decision has been filed in compliance with this Chapter.
2.
Council's decision.
a.
Adoption of ordinance. Council's action to adopt or amend a Development Agreement, a Specific Plan (adopted by ordinance), this Zoning Code, or the Zoning Map shall become effective on the 30th day following the date the ordinance is actually adopted by the Council.
b.
Adoption of resolution. Council's action to grant a permit or other approval or adopt or amend the General Plan or a Specific Plan (adopted by resolution) is final and shall become effective on the actual date the decision is rendered by the Council.
(Ord. 1017, 2013)
No person shall seek judicial review of a City decision on a planning permit or other matter in compliance with this Zoning Code until all appeals to the Commission and Council have first been exhausted in compliance with this Chapter.
(Ord. 1017, 2013)