This chapter establishes procedures for the appeal and calls for review of determinations and decisions of the Director or Commission.
(Ord. 24-13, 10/1/2024)
A.
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:
1.
Interpretations. Any determination on the meaning or applicability of the regulations contained in this Development Code that are believed to be in error, and cannot be resolved with the Director; and
2.
Enforcement action. Any initial enforcement action conducted in compliance with Section 17.725.080 (Initial Enforcement Action).
B.
Planning permit decisions.
1.
Director's decisions. Decisions of the Director on a minor use permit, minor variance, nonconforming use determination, reasonable accommodation, site plan and design review, sign permit, temporary use permit, or zoning clearance may be appealed to the Commission.
2.
Commission's decisions. Any decision of the Commission may be appealed to the Council.
(Ord. 24-13, 10/1/2024)
B.
Process for calling for a review.
1.
Initiation. 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 days following the date of the determination or decision.
2.
Consideration of call for review. The Council shall consider the call for review at its next regularly scheduled meeting.
3.
Vote. If the Council votes to review the determination or decision, a subsequent review hearing shall be scheduled to consider the merits of the review. 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.
4.
Notice to applicant. The applicant shall be notified of the Council request for review.
5.
Notice to public. Any member of the public who requested to be notified of a project called for review shall be provided a copy of the public notice for the public hearing.
6.
Effect of call for review.
a.
A request for a call for review by a member of the City Council shall stay the effective date of a determination or decision until the Council 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 17.715.040B (Timing and form of appeal), below.
c.
If the Council decides to call for review of the subject determination or decision, then the previous determination or decision shall be vacated.
d.
If the Council 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.
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, Development 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 parcel(s) shall also be deemed to be timely called up for review by the Council.
(Ord. 24-13, 10/1/2024)
A.
Eligibility.
1.
An appeal in compliance with this chapter may be filed by any person.
2.
An appeal in compliance with this chapter may be appealed by a Councilmember or Commissioner acting as an individual.
3.
Any Councilmember or Commissioner filing an appeal as an individual shall not be authorized to participate in any decision concerning that action of decision.
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.
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.
C.
Scope of planning permit appeals.
1.
All except for conditional use permits – not de novo. An appeal of a decision on a planning permit, except for a conditional use permit, shall not be de novo, but instead 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.
2.
Conditional use permits only -- de novo. An appeal of a decision on a conditional use permit shall de novo, and shall not 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 17.715.020 (Appeal Subjects and Jurisdiction), above.
2.
Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 17.710 (Public Noticing and Hearings).
3.
Any interested party may appear and be heard regarding the appeal.
E.
Decision.
1.
During the appeal hearing, the review authority may:
a.
Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Development Code;
b.
Adopt additional or different project aspects or conditions of approval, that may address issues or concerns other than the subject of the appeal;
c.
Disapprove the planning permit approved by the previous review authority, even where the appellant only requested a modification or elimination of one or more project aspects or conditions of approval; or
d.
Refer the matter to any other review authority authorized to hear the matter.
2.
Within 60 days the review authority shall render its decision on the appeal, unless it is continued for good cause.
3.
In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.
F.
Effective date of appeal decision.
1.
Commission's decision. A decision by the Commission is final and effective after 5:00 p.m. on the 10th day following the actual date the final decision is rendered, if no appeal to the decision has been filed with the Council or called up by the Council.
2.
Council's decision.
a.
Adopted by ordinance. A decision of the Council adopted by ordinance is final and shall become effective on the 31st day following the date the ordinance is actually adopted by the Council, unless otherwise provided in the adopting ordinance.
b.
Adopted by resolution. A decision of the Council adopted by resolution is final and shall be effective on the date the decision is rendered.
c.
Any other action. A decision of the Council taken by any action other than ordinance or resolution is final and shall be effective on the date the decision is rendered.
(Ord. 24-13, 10/1/2024)
No person shall seek judicial review of a City decision on a planning permit or other matter in compliance with this Development Code unless and until all available appeals to the Commission and Council have been first exhausted in compliance with this chapter.
(Ord. 24-13, 10/1/2024)