This article establishes uniform procedures for appeals of interpretations, determinations, and decisions made pursuant to the provisions of these planning regulations.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Interpretations, determinations, and decisions made by the Director of Planning and Building may be appealed to the Planning Commission. Interpretations, determinations, and decisions made by the Planning Commission may be appealed to the City Council. 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 these planning regulations.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within fifteen (15) days of the date of the interpretation, determination, or decision from which the appeal is taken. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal.
(a) 
In the event that an appeal period ends on a Saturday, Sunday, or City holiday, the appeal period shall end at the close of business on the next City business day.
(b) 
The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of building permits and business licenses.
(c) 
If a basis of the appeal is that the Director's or the Commission's action constituted a taking of the subject property or any part thereof under the California or United States Constitutions, that ground and all evidence (including specific financial data and analyses, if any) and argument in support thereof shall be clearly stated as a separate ground of the appeal, or it shall be waived. If specific evidence is not presented as part of the appeal, the appellant shall be deemed to have waived any claim to sworn testimony and cross-examination.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Appeals to the Planning Commission of interpretations, determinations, and decisions made by the Director of Planning and Building shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures.
(a) 
Transmission of Record. The Director shall forward the appeal, decision letter or other documentation of the decision, and all other documents that constitute the record, to the Planning Commission. The Director shall also prepare a staff report that responds to the issues raised by the appeal and that may include a recommendation for action, and shall set the matter for consideration at the next available Planning Commission meeting.
(b) 
Planning Commission Action on Appeal. The Commission shall either:
(1) 
Approve the Director's action upon finding that all applicable findings have been correctly made and all provisions of this title have been complied with;
(2) 
Approve the Director's action but impose additional conditions and/or guarantees as it deems necessary to fulfill the purposes of this title; or
(3) 
Disapprove the Director's action upon finding that all applicable findings have not been made or all provisions of this title have not been complied with.
(c) 
Majority Vote Required. An action to grant an appeal shall require a majority vote of Planning Commission members present and voting. A tie vote shall have the effect of rejecting the appeal.
(d) 
Commission's Decision Is Final. The decision of the Planning Commission is final and may not be appealed to the City Council.
(e) 
Public Notice. Notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments if they provided their names and addresses at the time they spoke at the prior hearing.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Ord. 26-003, 4/21/2026)
Appeals to the City Council of interpretations, determinations, and decisions made by the Planning Commission shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures.
(a) 
Transmission of Record. The Director shall forward the appeal, decision letter or other documentation of the decision, and all other documents that constitute the record, to the City Clerk for forwarding to the City Council. The Director shall also prepare a staff report that responds to the issues raised by the appeal and that may include a recommendation for action. The City Clerk shall set the matter for consideration at the next available City Council meeting.
(b) 
City Council Action on Appeal. The City Council shall either:
(1) 
Approve the Commission's action upon finding that all applicable findings have been correctly made and all provisions of this title have been complied with;
(2) 
Approve the Commission's action but impose additional conditions and/or guarantees as it deems necessary to fulfill the purposes of this title; or
(3) 
Disapprove the Commission's action upon finding that all applicable findings have not been made or all provisions of this title have not been complied with.
(c) 
Majority Vote Required. An action to grant an appeal shall require a majority vote of City Council members present and voting. A tie vote shall have the effect of rejecting the appeal.
(d) 
Public Notice. Notice shall be provided in the same manner as required for the action that was the subject of the appeal pursuant to the provisions of Article 2 of this chapter, Common Procedures. Notice shall also be provided to all persons who spoke on the matter at any prior hearings or submitted written comments only if they provided their names and addresses at the time they spoke at the prior hearing. In addition, the Planning Commission may be represented at the hearing.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013; Ord. 26-003, 4/21/2026)
A majority of the City Council may call for review of a decision of the Planning Commission within the fifteen (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 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.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
When reviewing a 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 used for the original decision.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)