This chapter establishes uniform procedures for appeals of final decisions by the Chief Planner and Planning Commission. These procedures are distinguished from the provisions in Chapter 20.510 (“Waivers and Modifications”), which are intended to minimize the frequency of appeals by authorizing the approval of modifications and exceptions to the requirements of this Ordinance when consistent with its purposes or necessary to accommodate uses protected by State or federal law. The intent of both of these chapters is to provide means of granting relief, reduce the potential for litigation, and increase fairness to both property owners and aggrieved members of the public.
(Ord. 1432 § 2, 2010)
Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance.
(Ord. 1432 § 2, 2010)
Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 15 days of the date of the action, decision, motion, or resolution from which the appeal is taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
(Ord. 1432 § 2, 2010)
Any action by the Chief Planner or Planning Commission in the administration or enforcement of the provisions of this Ordinance may be appealed in accordance with this chapter.
A. 
Appeals of Chief Planner Decisions. Decisions of the Chief Planner that are subject to appeal may be appealed to the Planning Commission by filing a written appeal with the Planning Division except appeals based solely on the requirement of a fee shall be filed in writing with the City Clerk and heard by the City Council.
B. 
Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk.
C. 
Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the fee specified in the City’s master fee schedule.
D. 
Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
E. 
Transmission of Record. The Chief Planner, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body at the next available meeting. The Chief Planner shall forward the appeal, the Notice of Action, and all other documents that constitute the record to the hearing body. The Chief Planner shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action. The authorized hearing body shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and may take one of the following actions:
1. 
Schedule and conduct a public hearing in compliance with Section 20.450.005 (“Conduct of Public Hearing”); or
2. 
Remand the matter to the decision-making body or official to cure a deficiency in the record or the proceedings.
F. 
Action on Remand. If the Council directs the Commission or the Commission directs the Chief Planner to hold a new public hearing, the responsible authority shall hold a new noticed public hearing on the matter and make a decision which may be appealed to the Council or the Commission in the normal manner. If the authority to whom the appeal is remanded does not act within 90 days of the date of the remand, then the original appeal of the decision shall be placed back on the Council or Commission agenda in the same manner as a new appeal.
G. 
Public Notice and Hearing. If the appellate body sets the appeal for hearing, public notice shall be provided and the hearing conducted by the applicable hearing body pursuant to Chapter 20.450 (“Common Procedures”). Notice of the hearing shall also be given to the applicant and party filing the appeal. In the case of an appeal of a Planning Commission decision, notice of such appeal shall also be given to the Planning Commission. The Planning Commission may be represented at the hearing.
1. 
Hearings on appeals of conditions imposed upon projects or from the approval or denial of applications for permits or other land use entitlements shall be conducted informally and need not be conducted according to technical rules relating to evidence and witnesses.
2. 
The appellate body shall consider only the same application, plans, and related project materials that were the subject of the original decision. The appellate body may, however, request or require changes to the application as a condition of approval.
(Ord. 1432 § 2, 2010)
A. 
The hearing body shall render its decision within 60 days of the date the hearing is closed unless State law requires a shorter deadline. Failure on the part of the City Council to render its decision within the 60-day time frame shall be deemed an approval by the City Council of the Planning Commission’s action.
B. 
An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.
(Ord. 1432 § 2, 2010)
Two or more members of the Planning Commission may call for review of a decision of the Chief Planner and two or more members of the City Council may call for review of a decision of the Chief Planner or Planning Commission within the 15-day appeal period. The call for review shall be processed in the same manner as an appeal by any other person. Such action by the Commission or Council shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal.
Within two business days of a Zoning Administrator hearing, the Planning Commission Clerk shall submit a notice of all Zoning Administrator discretionary action to the Planning Commission, following which any member of the Planning Commission may request a call for review of a decision by submitting a notice in writing to the Planning Commission Clerk or noting so on the record at a Planning Commission hearing within the 15-day appeal period. If two or more Planning Commissioners submit a notice in writing to the Planning Commission Clerk requesting a call for review of a decision or two or more Planning Commissioners request a call for review of a decision by noting so on the record at a Planning Commission hearing, the call for review shall become effective and the Chief Planner shall set a public hearing in accordance with the provisions of Chapter 20.450. The Planning Commission Clerk’s notice of Zoning Administrator discretionary approvals submitted to the Planning Commission shall include the date by which a call for review by a Planning Commissioner must be received by the Planning Commission Clerk or noted on the record at a Planning Commission hearing. Any other decision of the Chief Planner that the Planning Commission wishes to call for review may be called for review by at least two Planning Commissions through the process outlined above.
Within two business days of the completion of a Planning Commission hearing, the Secretary to the Planning Commission shall submit a notice of all Planning Commission discretionary action to the City Clerk for distribution to the City Council, following which any member of the City Council may request a call for review of a decision by submitting a notice in writing to the City Clerk or noting so on the record at a City Council hearing within the 15-day appeal period. If two or more Councilmembers submit a notice in writing to the City Clerk requesting a call for review of a decision or two or more Councilmembers request a call for review of a decision by noting so on the record at a City Council hearing, the call for review shall become effective and the City Clerk shall set a public hearing in accordance with the provisions of Chapter 20.450. The City Clerk’s notice of discretionary approvals submitted to the City Council shall include the date by which a call for review by a Councilmember must be received by the City Clerk or noted on the record at a City Council hearing.
(Ord. 1432 § 2, 2010; Ord. 1511 § 2, 2016)
When reviewing any decision on appeal, the hearing body shall use the same standards for decision-making required for the original decision. The hearing body may adopt the same decision and findings as were originally approved.
(Ord. 1432 § 2, 2010)