Chapter 16 — APPEALS

Sec. 9.16.010. - General.

The following procedures shall apply for all appeals in this title, unless another procedure specifically applies:

(1)

Unless otherwise specified, this chapter provides the procedures for the processing of an appeal of any decision rendered by the City Manager, City Planner or Planning Commission under this title.

(2)

Decisions of the City Manager, City Planner or City Engineer may be appealed to the Planning Commission.

(3)

Decisions of the Planning Commission may be appealed to the City Council.

(4)

Decisions of the City Council are final and conclusive and there is no further right to appeal in the City.

(5)

A timely filed appeal shall render the decision being appealed from of no further force or effect.

(6)

For purposes of this chapter, the term "appellate body" means the Planning Commission or City Council, depending upon which body is hearing the appeal.

(Ord. No. 297, § 9.02.050.010, 3-20-2007)

Sec. 9.16.020. - Who may appeal.

An appeal may be made by any person, partnership, corporation, public entity, other legal entity, or the applicant, who is aggrieved by the decision being appealed from.

Sec. 9.16.030. - Appeal procedure.

(a)

Appeal period. Unless otherwise specified, all appeals shall be filed within ten days after the final action of the decision being appealed from. The date of the notice of the written decision shall be the final action. Absent a timely appeal, the decision shall become final.

(b)

Form. All appeals shall be filed with the City Clerk.

(c)

Fee. The appeal shall be accompanied by a fee in an amount established by the City Council for the purpose of defraying the costs of the proceeding.

(d)

Hearings; notice.

(1)

The City Clerk shall set a date, time and place for a public hearing. Written notice shall be given at least ten days before the hearing to the applicant and any appellant if other than the applicant.

(2)

The public hearing shall be commenced before the appellate body within 45 days after the filing of the appeal.

(3)

If a noticed public hearing was required for the decision being appealed, then notice of the public hearing before the appellate body shall be given in the same manner.

(4)

No appeal may be withdrawn except by the appealing party, with the consent of the applicant and the City Council; no refund of the filing fee shall be permitted in case of withdrawal.

(e)

Tie vote. A tie vote before the appellate body shall be considered a denial of the appeal, or no action on a call for review, and the decision of the being appealed shall stand.

(Ord. No. 375, § 6, 5-18-2021)

Sec. 9.16.040. - Call for review.

(a)

As an additional safeguard to avoid results inconsistent with the purposes of this title, any order, requirement, decision, determination, interpretation or ruling of the Planning Commission may be called up for Council review upon written request by one member of the Council within the time specified for an appeal or orally by any Councilmember at a Council meeting.

(b)

No filing fee shall be required of a Councilmember who calls for review of an action of the Planning Commission.

(c)

A call for review shall be processed in the same manner as an appeal.

(a)

The review of the appellate body shall be de novo. After the public hearing, the appellate body shall approve, conditionally approve or deny the same.

(b)

In making its determination, the appellate body shall follow the applicable standards pertaining to the permit or entitlement being sought.

(c)

The determination of the appellate body shall be by resolution and shall set forth the facts supporting the decision.

(d)

A copy of the resolution shall be mailed to the applicant, the appellant and any other person requesting the same within five days following the date of adoption.

(Ord. No. 297, § 9.02.050.030, 3-20-2007)

Sec. 9.16.060. - No re-application for 90 days.

After a final decision has been rendered by the City Manager, City Planner, Planning Commission, or City Council, no application for substantially the same relief shall be accepted for a period of 90 days following the date of such decision.

(Ord. No. 297, § 9.02.050.040, 3-20-2007)

CHAPTER 19. - REVOCATIONS AND MODIFICATIONS

Sec. 9.19.010. - Purpose.

This chapter provides procedures for securing revocation or modification of previously approved variances or conditional use permits.

(Ord. No. 297, § 9.02.060.010, 3-20-2007)

Sec. 9.19.020. - Revocation of variances and conditional use permits.

Upon recommendation by the City Manager, the body which granted a variance or conditional use permit shall conduct a noticed public hearing, in the manner as required for the granting of the same, to determine whether such variance or conditional use permit should be revoked. This revocation procedure shall apply to permits or variances granted prior to as well as after the adoption of these regulations. If the granting body finds any one of the following facts to be present, it shall revoke the variance or conditional use permit:

(1)

That the variance or permit was obtained by fraud;

(2)

That the use for which such approval was granted has ceased to exist; or has been voluntarily discontinued for a period of six months or more;

(3)

That the permit or variance granted is being, or has been, exercised contrary to any conditions imposed upon such permit or variance, or in violation of any law; or

(4)

That the use for which the approval was granted is being exercised so as to be detrimental to the public health or safety, or as to constitute a nuisance.

If the revocation hearing is conducted by the Planning Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Chapter 16 of this title.

(Ord. No. 297, § 9.02.060.020, 3-20-2007; Ord. No. 375, § 7, 5-18-2021)

Sec. 9.19.030. - Modification of variances and conditional use permits.

Any condition imposed upon the granting of a variance or conditional use permit, including such granted prior to the adoption of these regulations, may be modified or eliminated, or new conditions may be added, provided that the granting body shall first conduct a noticed public hearing thereon, in the same manner as is required for the granting of the same. No such modification shall be made unless the granting body finds that such modification is necessary to protect the public peace, health and safety, or, in case of deletion of such a condition, that such action is necessary to permit reasonable operation under the variance or conditional use permit as granted. If the modification hearing is conducted by the Planning Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in Chapter 16 of this title.

(Ord. No. 297, § 9.02.060.030, 3-20-2007; Ord. No. 375, § 7, 5-18-2021)