Chapter 16.321 — APPEALS AND COUNCIL REVIEW

It is the intent of this chapter to provide recourse in the event that any person is aggrieved by any decision, condition of approval or determination made by a commission or a member of City staff, in the administration and enforcement of this title, and when requested by a councilperson, to provide a review of any action taken by a commission or a member of the City staff, which except for said review would constitute a final decision of the matter. (08-05; 2024-01)

• A. Applicability

Any person aggrieved by any determination, interpretation, decision, or similar action taken by the Director or other member of City staff, pursuant to the procedures of this title, may appeal such action. All appeals shall be heard by the Planning Commission, except an appeal of a staff action for a sign review, architectural review, or Cultural Resource review shall be heard by the Architectural and Preservation Commission.

• B. Time Limit

The appeal shall be filed no later than close of business on the tenth calendar day following the date of the action from which the appeal is made, or on the first business day thereafter.

• C. Application and Fee

An appeal shall be filed with the Community Development Department on forms provided by the Director together with an appeal fee established by resolution of the City Council. Appeals shall set forth any alleged inconsistency or non-conformity with procedures or criteria set forth in or pursuant to this title or Title 18 (Signs).

D. Effect

Any action appealed to either the Planning Commission or Architectural and Preservation Commission shall be suspended until the Commission has taken action on the appeal.

• E. Hearing.

1. When a timely appeal of a staff decision is filed, the Director shall forward the appeal to the appropriate review body for a hearing at the next available meeting of the Reviewing Commission, considering notice requirements, unless a later date is requested by the project proponent. The hearing may be continued from time to time by vote of the Commission. The hearing need not be a public hearing.

   • a. Appeals on Special Use and Development Permits and Minor Exception Permits

     • When an appeal of a staff decision on a special use and development permit or a minor exception permit is filed, the Director shall forward the appeal to the Planning Commission.

   • b. Appeals on Sign and Architectural Reviews

When an appeal of a staff decision on a sign or architectural review is filed, the Director shall forward such appeal to the Architectural and Preservation Commission.

• c. Appeals on Cultural Resource Reviews

When an appeal of a staff decision on a Cultural Resource review is filed, the Director shall forward such appeal to the Architectural and Preservation Commission.

2. Staff shall submit to a Commission that is considering an appeal, the findings that led to the staff decision, including reasons for the decision.

• F. Notice

Notice of an appeal hearing shall conform to the manner in which the original notice for the matter was given. In addition, notice shall be given to anyone who requested to be notified regarding the matter.

G. Decision

The Commission may affirm or reverse, wholly or partly, or may modify the decision, conditions of approval, or determination of staff by a majority vote of the Commission members present and qualified to vote at the hearing. Such action may be appealed to the City Council pursuant to the following procedures. (08-05; 2024-01)

• A. Applicability

Any person aggrieved by any determination, interpretation, decision, or similar action taken by a Commission pursuant to the procedures of this title, may file for an appeal of such action. The procedure for an appeal of a Commission decision shall be as set forth herein, except an appeal of a Planning Commission's decision on a tentative parcel map shall be in accordance with the appeal procedures of Chapter 17.050 of this Code and the Subdivision Map Act.

• B. Time Limit

The appeal shall be filed by the close of business on the tenth calendar day following the date of the action for which the appeal is made, or on the first business day thereafter.

C. Application and Fee

An appeal shall be filed with the City Clerk on forms provided by the Director together with an appeal fee established by resolution of the City Council. Appeals shall set forth alleged inconsistency or nonconformity with procedures or criteria set forth in or pursuant to this title.

D. Effect

Any action appealed to the Council shall be suspended until the Council has taken action on the appeal.

E. Hearing

When a timely appeal is filed, the appeal shall be forwarded to the City Council for a hearing at their next available meeting, considering notice requirements, or a later date if the applicant agrees. The Council shall receive from the Commission that originally considered the matter, all deliberations from the Commission pertaining to the matter, including staff reports, minutes, public comments, and the findings to support the Commission's decision. The hearing may be continued by vote of the City Council.

F. Notice

Notice of an appeal hearing shall conform to the manner in which the original notice for the matter was given. In addition, notice shall be given to anyone who spoke at the Commission hearing or any person who requested to be notified regarding the matter.

G. Decision

The Council may affirm or reverse, wholly or partly, or may modify the decision, conditions of approval, or determination made by the Commission by a majority vote of the Councilmembers present and qualified to vote at the hearing. Such

decision by the Council shall be final.

However, if the Council proposes changes or additions to code amendments, zone changes and general plan amendments which the Planning Commission has not previously considered, or desires to effect a change contrary to the recommendation of the Planning Commission on code amendments, zone changes, and general plan amendments, such changes or additions shall be referred to the Planning Commission and adopted pursuant to procedures set forth in Chapters 16.315 and 16.318 .

The Council may also choose to refer other matters back to the appropriate Commission for further consideration and decision if significant new evidence is presented in conjunction with the appeal, which may include substantial changes to the original proposal.

(08-05; 2024-01)

• A. Applicability

Whenever a decision or determination of a Commission or member of the staff would otherwise constitute the final action for a matter if no timely appeal is filed, said decision shall not become final if a member of the City Council requests a review of said decision as herein provided. If a member of the City Council requests a review of an action by the Director or other member of City staff on which an appeal has been filed, the City Council review shall override the appeal and the appeal shall not be forwarded to a Commission unless the City Council refers the matter to the appropriate Commission for consideration and a decision.

• B. Time Limit

The Councilmember's request for review shall be made within 15 calendar days of the date of the action for which the review is requested. A Councilmember shall make the request orally or in writing to the City Clerk, who shall set the matter for hearing.

• C. Effect

Filing of a request for a review by a member of the Council shall suspend the effective date of any Commission or staff decision until such decision has been reviewed by the Council.

• D. Hearing

  1. If requested by a member of the Council, the matter shall be set for a hearing to be held at the next available Council meeting after the review request has been filed, considering notice requirements, unless a longer period is requested by the applicant. The hearing may be continued by vote of the City Council.

  2. The hearing shall be of the same type as required for the original decision and need not be a public hearing unless such was required for the original decision.

  3. The Council shall receive from the original review body all findings and specific facts that led to the decision including detailed reasons for any disapproval.

• E. Notice

Notice of a review hearing shall conform to the manner in which the original notice for the matter was given. In addition, notice shall be given to those who spoke at the Commission hearing, if a review of a Commission decision, or to any person who requested to be notified regarding the matter.

• F. Decision

The Council may affirm or reverse, wholly or partly, or may modify the decision, conditions of approval or determination of the Commission or staff by a majority vote of the Councilmembers present and qualified to vote at the hearing. Such action shall be final.

(08-05; 2024-01)