Chapter 17.91 — APPEALS

This chapter establishes procedures for the appeal and review of determinations or final actions of the applicable review authority (e.g., director, development review committee, commission, or council).

A.

Code Administration and Interpretation. The following determinations and actions of the director and department staff may be appealed to the commission:

1.

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.

Any determination that a permit application or information submitted with the application is incomplete, in compliance with Government Code Section 65943; and

3.

Any action of the director or department staff regarding an enforcement matter in compliance with Chapter 17.98 (enforcement).

B.

Director Decisions. Decisions of the director on a development review permit, limited term permit, minor use permit, minor variance, or sign permit may be appealed to the commission.

C.

Development Review Committee Decisions. Decisions of the development review committee, other than a staff level decision, may be appealed to the commission.

D.

Commission Decisions. Decisions of the commission may be appealed to the council.

A.

Eligibility.

1.

Eligible Person Defined. An appeal in compliance with this chapter may be filed by any aggrieved person, except that in the case of a decision on a use permit, variance, and/or other commission 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.

Appeal by Council Member. A determination or final action by the director or commission in compliance with this development code may be appealed by a council member acting as an individual, but the council member shall not vote when the appeal is considered by the council.

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.

Timing of Appeal. An appeal shall be filed with the department or city clerk, as applicable, within fifteen calendar days following the date the decision was rendered.

a.

Effective Date. A determination or final action shall become effective on the sixteenth day following the date of action by the appropriate review authority, where no appeal of the review authority's action has been filed in compliance with this chapter.

b.

Fifteen-Day Period Defined. The fifteen-day period (also known as the "appeal" period in compliance with this chapter) begins the first full day after the date of decision that the city hall is open for business, and extends to the close of business (5:00 p.m.) on the fifteenth day, or the very next day that the city hall is open for business.

c.

Appeals to the Commission. Appeals addressed to the commission shall be filed with the department.

d.

Appeals to the Council. Appeals addressed to the council shall be filed with the city clerk.

2.

Fee Required. An appeal shall be accompanied by the filing fee identified in the city's planning fee schedule.

3.

Effect of Filing Appeal. The filing of any appeal under the provision of this chapter shall stay the effective date of any determination or final action of the director or commission until the applicable review authority has acted upon the appeal.

4.

Refund of Fee. The appeal fee may be refunded (either partially or entirely) if the appeal of the applicant is sustained by the council in compliance with the city's planning fee schedule.

C.

Scope of Planning Permit Appeals.

1.

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.

2.

The appellant shall have the burden to prove, to the satisfaction of the applicable review authority, that the issues raised in the appeal comply with the limitations identified in Subparagraph 1., above.

D.

Report and Scheduling of Hearing.

1.

Director Shall Prepare a Report. 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 17.91.020 (appeal subjects and jurisdiction), above.

2.

Notice of Hearing Required. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Chapter 17.92 (public hearings). Any interested party may appear and be heard regarding the appeal.

E.

Decision.

1.

Action by Review Authority. At a hearing on the appeal the review authority may consider any issue involving the matter that is the subject of the appeal ("de novo"), in addition to the specific grounds for the appeal. The review authority may:

a.

Affirm, affirm in part, or reverse the action, decision, or determination 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 non-compliance of the subject of the appeal with this development code;

b.

Adopt additional conditions of approval, that may address issues or concerns other than the subject of the appeal (e.g., additional mitigation measures identified during the CEQA review by the review authority); or

c.

Deny the planning permit approved by the previous review authority, even where the appellant only requested a modification or elimination of one or more conditions of approval.

2.

Referral for Further Consideration. If new or different evidence is presented on appeal, the commission or council may refer the matter to the director or commission for further consideration to determine if the new or different evidence would alter the action of the original review authority.

3.

Decision within Sixty Days. Within sixty days of the initial public hearing on the appeal, the review authority shall render its decision on the appeal, unless it is continued for good cause (e.g., additional CEQA review is required).

4.

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

F.

Effective Date of Appeal Decision.

1.

Commission Decision. A decision by the commission is effective on the sixteenth day after the decision is rendered, as defined in Subparagraph B.1.b, above, when no appeal to the decision has been filed with the council.

2.

Council Decision. A decision by the council is final and shall be effective on the date the decision is rendered.

No person shall seek judicial review of a city decision on a planning permit or other matter in compliance with this development code until all appeals to the commission and council have been first exhausted in compliance with this chapter.

A.

Action Shall Be Commenced Within Thirty Calendar Days. Any action or proceeding to annul, attack, review, set aside, or void any decision or action of the council in regard to any alteration, amendment, change in zones under, or in regard to an appeal filed in compliance with this chapter, or concerning any of the acts, determinations, or proceedings done, made, or taken to the decision, or to determine the reasonableness, legality, or validity of any conditions attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty calendar days after the date of the decision or action of the council.

B.

Final Within Thirty Calendar Days. The action or decision of the council shall be final, unless an action or proceeding is filed within thirty calendar days after the date of the action or decision.