§ 88.56

This chapter establishes procedures for the appeal and review of determinations of the director, zoning administrator, or commission.

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows.

A.

Ordinance 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.

Determinations on the meaning or applicability of the provisions of this Development Code that are believed to be in error, and cannot be resolved with staff; and

2.

Any determination that a permit application or information submitted with the application is incomplete, in compliance with state law (Government Code Section 65943).

B.

Permit and Hearing Decisions. Decisions by the director or zoning administrator may be appealed to the commission. Decisions by the commission may be appealed to the council.

A.

Eligibility. An appeal may be filed by:

1.

Any person affected by an administrative determination or action by the director, as described in Section 88.56.020, above.

In the case of a planning permit or hearing decision described in Section 88.56.020, above, by anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing.

3.

The city council, by a majority vote, may call up a decision of the director, zoning administrator, or planning commission.

B.

Timing and Form of Appeal. Appeals shall be filed with the department within 20 calendar days following the final date of the determination or action being appealed. All appeals shall be submitted in writing, together with the name, address, phone number, and signature of the appellant, and the filing fee required by the council's fee resolution. The written appeal shall specifically state the pertinent facts of the case and the basis for the appeal.

C.

Scope of Planning Permit Appeals. An appeal of a decision by the director, zoning administrator, or commission on a planning permit 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.

D.

Rights. Pending a decision on an appeal in compliance with this Development Code, all rights emanating from the permit, license, or other entitlement that is the subject of the appeal, and all relevant time periods, shall be suspended.

E.

Multiple Actions. In the event an appeal is filed regarding a decision on one of multiple permits or city approvals concurrently granted for a single project (for example, the approval of a use permit is appealed on a project for which a negative declaration was approved at the same time), all concurrently granted city permits and approvals for the project shall be automatically appealed, and shall be considered and acted upon in compliance with this chapter.

A.

Scheduling of Hearing. After an appeal has been received in compliance with Section 88.56.030, the director shall schedule the matter for a commission agenda, or the city clerk shall schedule the matter for a council agenda, as applicable to the appeal.

B.

Report. After the appeal hearing has been scheduled, the director shall prepare a report on the matter, and forward the report to the appropriate appeal body.

C.

Joining an Appeal. Only those persons who file an appeal within the 20-day appeal period in compliance with Section 88.56.030 shall be considered appellants of the matter under appeal.

1.

Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section 88.56.030.

2.

No person shall be allowed to join an appeal after the end of the 20-day appeal period.

D.

Findings and Decision.

1.

General Procedure. The appeal body shall conduct a public hearing in compliance with Chapter 88.58 (Public Hearings).

a.

Scope of Review. When reviewing an appeal the review authority may consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal. The review authority shall also consider any environmental determination applicable to the entitlement or decision being appealed.

b.

New Evidence. If new or different evidence is presented during the appeal hearing, the commission or council, may refer the matter back to the director or commission, as applicable, for a report on the new or different evidence prior to a final decision on the appeal.

c.

Decision. After a public hearing, the appeal body may:

(1)

Approve, modify, or disapprove the action appealed either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal; and

(2)

Adopt additional conditions of approval deemed reasonable and necessary; or

(3)

Disapprove the planning permit approved by the previous review authority, even if the appeal only requested modification or elimination of one or more conditions of approval.

2.

Appeals to the Council. A decision by the commission may be appealed to the council as provided by Section 88.56.030 (Filing of Appeals), above.

a.

Authority of Council. The council shall have the authority to approve, modify, or disapprove the action appealed, either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal. The appeal may be upheld by a majority of council members when a quorum of at least three members is present. The lack of an affirmative majority vote on the appeal, or a tie vote, shall constitute denial of the project appealed.

b.

Subdivisions. Appeals on subdivision applications are governed by Municipal Code Chapter ___.

c.

Referral. The council may refer any appeal to the commission for a report and recommendation, or for further proceedings. In this event, if the commission changes its decision based on new evidence, and the appeal is thereafter returned to the council, the appeal shall be deemed to be from the decision of the commission as modified.

d.

Finality of Decision. The findings, decision, and action of the council on an appeal shall be final.

E.

Effective Date of Appeal Decision. A decision by the commission on an appeal is effective on the 21st day after the decision, when no appeal to the decision has been filed with the council. A decision by the council is effective as of the date of the decision.

Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this chapter 88 (Development Code), or if a determination is made that a permit or approval was obtained by deception or fraud, or has been determined to be a public nuisance, the director, planning commission, or city council shall have the authority to initiate revocation proceedings.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

The director shall schedule a hearing before the zoning administrator, planning commission, or city council, whichever authority commenced the original proceedings approving the permit application.

B.

At least ten days prior to the hearing, written notice of the hearing shall be served to the owner of the property for which the permit or approval was granted. The notice may be served either in person or by registered mail, return receipt requested.

C.

At the hearing, the director shall present evidence supporting the motion for permit or approval revocation. The owner of the property subject to the hearing shall be given the opportunity to present reasons why the permit or approval shall not be revoked.

D.

The hearing body shall make a decision regarding the revocation based upon the information presented at the hearing and shall make findings and report its decision in a formal and numbered resolution. The property owner shall have the same right of appeal as is applicable for the original permit or approval.

(Ord. No. 06-O6, § 1B, 8-7-06)

CHAPTER 88.58. - PUBLIC HEARINGS