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)
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)