Chapter 18.116 — Appeals

Sections:

18.116.010 – Purpose and Intent

• 18.116.020 – Appeal Subjects and Jurisdiction 18.116.030 – Calls for Review

• 18.116.040 – Filing and Processing of Appeals

• 18.116.050 – Judicial Review

This chapter establishes procedures for the appeal of determinations and decisions rendered by the Planning and Housing Division staff, the Director and the Commission.

• A. Development Code Administration and Interpretation. Decisions and actions of the staff and Director may be appealed to the Commission:

  1. Interpretations. Any determination on the meaning or applicability of regulations believed to be in error, and not resolved with the Director;

  2. Determinations. Any non-permit determination (e.g., a decision of application status or process requirements) or permit determination; and

  3. Enforcement Actions. Any enforcement action.

  4. Commission Decisions. Any decision of the Commission may be appealed to the Council.

A. Council Review.

1. Council. The Council may call for a review of any determination or decision rendered by the staff, the Director or the Commission.

2. Majority Vote Required. A review may only be commenced by the affirmative vote of the majority of the members present.

B. Process for Calling for a Review.

1. Initiation by Council Members.

   • a. One or more Council members may initiate a call for review of a determination or decision by filing a written request with the City Clerk before the effective date of the action, generally 15 days following the date of the determination or decision.

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• b. The Council may call directly for the review of a Director determination or decision or refer the matter to the Commission to review and take action or provide a written recommendation to the Council.

2. Consideration. The Commission or Council, as applicable, shall consider the matter at its next available regularly scheduled meeting.

3. Request for Transcript. If the Commission or Council requests a transcript for use at the review hearing, a transcript shall be prepared and a copy shall be made available for inspection by any interested party. Fees shall be collected from applicants to create transcripts. Creation of a transcript may delay the scheduling of a hearing.

4. Notice to Applicant. If the decision of a discretionary application is being reviewed, the applicant shall be informed of the aspects of the application and the determination or decision to be considered.

Effect of Call for Review.

• a. A call for review shall stay the effective date of a determination or decision until the Review Authority can make a decision.

• b. The timely filing of a call for review does not extend the time in which an appeal of a determination or decision shall be filed.

6. Filing of an Appeal Pending a Call for Review.

   • a. Right to File an Appeal. Any person may file a timely appeal even though a call for review has been filed.

   • b. Effect of Filing an Appeal. The filing of the appeal serves to protect the rights of the appellant(s).

7. Notice and Public Hearing.

   • a. A review hearing shall be a public hearing if the original determination or decision required a public hearing.

   • b. Notice of the public hearing shall be the same as for the original determination or decision.

8. Fees Not Required. Fees shall not be required in conjunction with the filing of a call for review by a member of Council.

C. Concurrent Commission Recommendations. When the Commission makes a recommendation to the Council on a legislative matter, any concurrent companion decision(s) by the Commission on an application concerning in whole or in part the same parcel(s) shall also be deemed to be timely called up for review by the Council.

• A. 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.

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1. The facts and the basis 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 in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record.

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

3. The appeal shall be accompanied by the filing fee set forth in the Fee Schedule.

   • a. Additional fees may be collected on a time and materials to cover the full cost of the appeal including but not limited to: field investigation; preparation of necessary reports; preparation of site maps; mailing notices; printing and posting notices and legal publications, transcriptions of meetings or other items deemed necessary for preparation of the administrative record.

   • b. These fees shall be paid to the Director at the time the appeal is filed or when the City subsequently invoices.

4. The appeal shall be accompanied by a written verification by at least one of the petitioners attesting to the truth and correctness of all facts and materials presented with the appeal petition. The verification shall be signed before a notary public or other officer authorized to administer oaths.

5. 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.

B. 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, which are part of the record. The record consists of all correspondence, minutes, reports, transcripts, written and oral testimony at the public hearing, and any other documents or evidence considered or relied upon by the Review Authority in the decision-making process.

C. Report and Scheduling of Hearing.

1. When an appeal has been filed, the Director shall prepare a report, including all of the application materials, and schedule the matter for a public hearing by the appropriate Review Authority within 90 days of the filing of the appeal.

2. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with standard hearing procedures.

   • a. Notice shall be mailed to the applicant and to all persons who spoke at the public hearing on the matter being appealed, to all persons who submitted written evidence before or during the public hearing on the matter being appealed, and to all persons whose names appear on the latest adopted County assessment roll as owning property located within 300 feet of the exterior boundaries of the parcel subject to the appeal.

to the applicant and to all persons who spoke at the public hearing on the matter being appealed, to all persons who submitted written evidence before or during the public hearing on the matter being appealed, and to all persons whose names appear on the latest adopted County assessment roll as owning property located within 300 feet of the exterior boundaries of the parcel subject to the appeal.

• b. Notice shall also be published once in a newspaper having general circulation in the City not later than 10 calendar days before the hearing date.

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

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D. 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, modify, 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 the Development Code; or

   • b. Impose 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 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 the 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 relevant 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.

• E. Effective Date of Appeal Decisions. Final action by the applicable Review Authority shall be effective immediately if no additional appeals are available.

No person shall seek judicial review of a City decision on a planning permit or other matter in compliance with the Development Code unless and until all available appeals to the Commission and Council have been first exhausted.

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