§ 19.144

This Chapter establishes procedures for the appeal of determinations and decisions rendered by the Commission, Architectural Review Board (ARB), Director, and Department Staff.

19.144.020 - Appeal subjects and jurisdiction.

A.

Development code administration and interpretation. The following interpretations, determinations, and enforcement actions of the ARB, 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;

2.

Determinations. Any non-permit determination (e.g., a decision of application status in compliance with Subparagraph 19.112.070 A. 2. or process requirements); and

3.

Enforcement actions. Any enforcement action filed in compliance with Chapter 19.154 (Enforcement Provisions).

B.

Planning permit decisions.

1.

ARB's and director's decisions. Any decision of the ARB or Director may be appealed to the Commission.

2.

Commission's decisions. Any decision of the Commission may be appealed to the Council.

C.

Legislative decisions. Any decision of the Commission may be appealed to the Council.

D.

CEQA decisions.

1.

Any CEQA decision of the ARB or Director may be appealed to the Commission.

2.

Any CEQA decision of the Commission may be appealed to the Council.

19.144.030 - Filing and processing of appeals.

A.

Eligibility.

1.

An appeal in compliance with this Chapter may be filed by any aggrieved person, except that in the case of a decision on a Conditional Use Permit, Variance, and/or other decision that followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the 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.

2.

Any action or decision by the Commission, ARB, Director, or Department Staff in compliance with this Development Code may be appealed by a Council member acting as an individual.

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, ARB, 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. Appeals filed by a City official, a Commissioner, or a Councilmember shall be exempt from the requirements of this Subparagraph.

2.

The appeal shall be filed with the Department or City Clerk, as applicable, within 15 days following the actual date the decision was rendered.

a.

Appeals addressed to the Commission shall be filed with the Department; and

b.

Appeals addressed to the Council shall be filed with the City Clerk.

3.

The appeal shall be accompanied by the filing fee identified in the Planning Fee Schedule.

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 by the applicable review authority.

C.

Scope of planning permit appeals. An appeal of a decision 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.

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 19.144.020 (Appeal Subjects and Jurisdiction), above, within 60 days of the filing of the appeal.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

3.

Any interested party may appear and be heard regarding the appeal.

E.

Decision.

1.

During the appeal hearing, the issues that may be raised and considered by the review authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. 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; or

b.

Adopt additional conditions of approval, which may address issues or concerns other than the subject of the appeal.

2.

If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director, ARB, or Commission, as applicable, for further consideration.

3.

In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.

4.

Provision of notice of decision.

a.

Following the final decision on an application for a permit or other approval required by this Development Code, the City shall provide notice of its final decision to the appellant, applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.

b.

The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.

F.

Effective date of appeal decisions. Final action by the applicable review authority shall be effective in compliance with the provisions of Section 19.130.030 (Effective Dates of Permits), if no additional appeals are filed in compliance with this Chapter.

Chapter 19.146 - PUBLIC NOTICES AND HEARINGS

Sections: