Chapter 17.70 — APPEALS

This chapter establishes procedures for the following:

A.

Commission's Review. The commission's review of a decision rendered by the director or SPARC;

B.

Council's Review. The council's review of a decision rendered by the commission; and

C.

Eligibility. Other eligible appellants, as identified in Section 17.70.040 (Eligibility), below.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Review. The commission may choose to review a decision rendered by the director or SPARC.

B.

Discussion.

A member of the commission may request the opportunity to discuss any decision previously rendered.

A majority vote of the commission is required to initiate an appeal of the decision.

C.

Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing by the director.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Review. The council may choose to review a decision rendered the commission.

B.

Discussion.

A member of the council may request the opportunity to discuss any decision previously rendered.

A majority vote of the council is required to initiate an appeal of the decision.

C.

Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing by the city clerk.

D.

Decision Final. The decision of the council on the appeal shall be final and shall become effective upon adoption of the resolution by the council.

(Ord. No. 1869, § 2, 2-20-2013)

An appeal may be filed by:

A.

Administrative Determination. Any person affected by an administrative determination or action by the director.

B.

Land use Permit or Hearing Decision. In the case of a land use permit or hearing decision, by anyone who, in person or through a representative, presented testimony at a 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.

(Ord. No. 1869, § 2, 2-20-2013)

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows:

A.

Ordinance Administration and Interpretation. The following determinations and actions of the director or SPARC may be appealed to the commission and then to the council:

Determinations on the meaning or applicability of the provisions of this development code that are believed to be in error, and cannot be resolved with staff;

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

Any enforcement action in compliance with Chapter 17.76 (Enforcement).

B.

Permit/Entitlement and Hearing Decisions. Decisions by the director or SPARC may be appealed to the commission. Decisions by the commission may be appealed to the council.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Timing and Form of Appeal.

Appeal applications shall be submitted before 5:00 p.m. on the 10th business day following the date the decision is rendered by the director or SPARC, or the adoption of the resolution by the commission.

Appeal applications addressed to the commission shall be filed with the department, while appeals addressed to the council shall be filed with the city clerk.

The appeal application shall:

a.

Specifically state the pertinent facts of the case and the basis for the appeal;

b.

Be accompanied by the information identified in the department handout for appeal applications; and

c.

Be accompanied by the filing fee established by the council's fee resolution.

B.

Delay of Proceedings. Filing of an appeal shall delay all proceedings associated with the matter subject to the appeal (e.g., issuance of a certificates of occupancy, building or grading permit, etc.), pending the city's final action on the appeal.

C.

Joining an Appeal.

Only those persons who file an appeal within the specified appeal period shall be considered appellants of the matter under appeal.

Any person who wishes to join an appeal shall follow the same procedures for an appellant.

A person(s) shall not be allowed to join an appeal after the end of the specified appeal period.

D.

Action on Appeals. The appeal body shall conduct a public hearing in compliance with Chapter 17.74 (Public Hearings).

Scope of Review and Decision. When reviewing an appeal the review authority may:

a.

Consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal. The review authority shall also consider any environmental determination applicable to the entitlement or decision being appealed;

b.

By resolution, uphold, uphold in part, or reverse the action, the determination, or decision that is the subject of the appeal;

c.

Adopt additional conditions of approval deemed reasonable and necessary; and

d.

Disapprove the land use permit approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.

New Evidence. If new or different evidence is presented during the appeal hearing, the commission or council, may refer the matter back to the director, SPARC, or commission, as applicable, for a report on the new or different evidence before a final decision on the appeal.

Findings. When reviewing an appeal the review authority shall adopt findings in support of the intended action on the appeal. The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., use permits 17.40.040, planned development permits 17.40.060, variances 17.40.050, etc.)

E.

Mailing of Resolution. The director or city clerk, as applicable to the level of review authority, shall mail a copy of the resolution to the appellant, the applicant (if not the appellant), the commission, and the council within ten days after the date the decision is rendered.

(Ord. No. 1869, § 2, 2-20-2013)