The purpose of this Chapter is to provide procedures for the appeal or call for review of the decisions of the Director and Planning Commission under this Title.
(Ord. 2630, 1/14/2026)
A. 
Purpose. The purpose of a call for review is to bring the matter in front of the entire body for review.
B. 
Timing. A call for review shall be made within the same time frame as the time to file an appeal and shall be noticed and heard in the same manner as an appeal and the term "appeal" shall be meant to include a call for review, except to the extent that the rules for a call for review conflict with the rules for an appeal.
C. 
Call for Review To Be Treated as Appeal.
1. 
Except as set forth in subsection C.2 below, for all purposes, a call for review shall be treated the same as an appeal and the term "appeal" shall include "call for review."
2. 
Notwithstanding subsection D of Section 17.640.030 (Filing and Processing of Appeals) a call for review shall not state any reason for the request other than to bring the matter in front of the entire body for review.
D. 
Commissioner Call for Review. A single member of the Planning Commission may call for review any decision previously rendered by the Director. Once a Planning Commission member has timely called a matter for review, the matter shall be scheduled for Planning Commission consideration.
E. 
Councilmember Call for Review. A single councilmember may call for review any decision previously rendered by the Director or Planning Commission. If the councilmember's call for review is of a decision previously rendered by the Director, the matter shall be heard by the Planning Commission. If the councilmember's call for review is of a decision previously rendered by the Planning Commission, the review shall be conducted by the City Council. Once a councilmember has timely called a matter for review, the matter shall be scheduled for consideration by the appropriate body.
F. 
Council Decision is Final. The decision of the Council on the matter which was called for review shall be final and shall become effective upon adoption of a resolution by the Council as described in subsection E of Section 17.640.030.
G. 
Subsequent Calls for Review Permissible. It is permissible for a City Council member to call a decision of the Director for review by the Planning Commission, and then for any councilmember to subsequently call the decision of the Planning Commission to be heard by the City Council.
H. 
Procedure to Call for Review. If the statement from the Planning Commission member or City Council member calling the decision for review is not made during a public meeting, the call for review shall be filed with the Director (Filing and Processing of Appeals).
I. 
No Disqualification. The act of calling the matter for review shall not, by itself, disqualify any planning commissioner or councilmember who called for the review from participating as part of the decision-making body so long as such commissioner or council member is neutral and unbiased.
J. 
No Fee. No fee is required for a call for review.
(Ord. 2630, 1/14/2026)
An appeal, as opposed to a call for review, shall be heard by the following review authorities:
A. 
Director Appeals. A decision rendered by the Director may be appealed to the Commission.
B. 
Commission Appeals. A decision rendered by the Commission may be appealed to the Council.
(Ord. 2630, 1/14/2026)
A. 
Timing and Form of Appeal. Appeals shall be submitted in writing and filed with the Community Development Department or City Clerk, as applicable, within 15 days after the decision date identified in the notice of decision. Appeals addressed to the Commission shall be filed with the Department, while appeals addressed to the Council shall be filed with the City Clerk. The appeal shall specifically state the pertinent facts of the case and the basis for the appeal, as required by subsection D of this Section 17.640.030, Filing and Processing of Appeals. Appeals shall be accompanied by the filing fee established by the most current City Council Fee Resolution.
B. 
The Number of Days Shall be Construed as Calendar Days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed.
C. 
Report and Scheduling of Hearing. When an appeal has been filed, the Director shall prepare a report on the matter and shall schedule the matter for consideration by the appropriate review authority.
D. 
Required Statement and Evidence.
1. 
Applications for appeals shall include a general statement specifying the basis for the appeal and the specific aspect of the decision being appealed.
2. 
Appeals shall be based upon an error in fact, dispute of findings, or inadequacy of conditions to mitigate potential impacts.
3. 
Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.
E. 
Action. If the matter originally required a noticed public hearing, the Community Development Department or City Clerk, as applicable, shall notice the hearing in compliance with Section 17.640.035, Notice of Appeal Hearings. At the hearing, the review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.
1. 
By resolution, the review authority may affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal.
2. 
When reviewing an appeal, the review authority may delete, amend, or adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal.
3. 
When reviewing an appeal, the review authority may disapprove the land use entitlement approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.
4. 
If new or different evidence is presented on appeal, the Commission or Council may, but shall not be required to, refer the matter back to the Director or Commission for further consideration.
(Ord. 2630, 1/14/2026)
A. 
Appeal of Planning Commission's Decision. Where an appeal of a Commission decision made following a public hearing noticed in compliance with Section 17.630.010, Notice of Public Hearings and Administrative Review, is filed with the City Clerk and a hearing is placed in the Council agenda, notice shall be given in compliance with Section 17.630.010. An appeal of a Commission action that was not subject to a public notice does not require notice when the matter is placed on the Council agenda unless the Director determines otherwise. Regardless of whether notice of public hearing is required, notice of the appeal shall be mailed to all persons who previously took part in the Commission's decision or received notice of such decision at least 10 days before the scheduled meeting.
B. 
Appeal of Director's Decision. When there is an appeal of the Director's decision, the matter shall be scheduled for public hearing and notice given in compliance with Section 17.630.010, Notice of Public Hearing and Administrative Review. In addition to property owners and occupants within the applicable mailing radius, notice of the appeal shall be mailed to all persons who previously took part in the Director's decision or received notice of such decision at least 10 days before the scheduled public hearing or review.
(Ord. 2630, 1/14/2026)
Within 10 working days after the decision is rendered by the Director, Commission or City Council, a notice of the decision and any applicable conditions of approval shall be mailed to the appellant at the address shown on the application or on the appeal form if an appeal is filed by other than an applicant. A copy of the notice shall also be sent in compliance with Section 17.630.040, Mailing of the Notice of Decision.
(Ord. 2630, 1/14/2026)
While an appeal is pending, the establishment of any affected use or structure shall be held in abeyance and all permits and licenses issued for the use or structure shall be stayed.
(Ord. 2630, 1/14/2026)