§ 19.54

This Division establishes procedures for the appeal and review of determinations of the Director, Zoning Administrator, Design Review Commission, or Planning Commission.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

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, Design Review Commission, Zoning Administrator, and Department staff may be appealed to the Planning Commission and then to the Council:

1.

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

2.

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

3.

Any enforcement action in compliance with Division 19.59 (Enforcement of Zoning Ordinance Provisions).

B.

Permit/Entitlement and Hearing Decisions. Decisions by the Director are appealable to the Planning Commission, except for Land Divisions pursuant to Chapter 9 and Tree Removal Permits pursuant to Chapter 17, which are appealable to the Council. Decisions by the Zoning Administrator or Design Review Commission are appealable to the Planning Commission. Decisions by the Planning Commission are appealable to the Council.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Eligibility. An appeal may be filed by:

1.

Any person affected by an administrative determination or action by the Director, as described in Section 19.54.020.A, above.

2.

In the case of a land use permit or hearing decision described in Section 19.54.020.B, above, 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.

B.

Timing and Form of Appeal. Appeals shall be filed with the Department within 10 days following the final date of the determination or action being appealed. All appeals shall be submitted in writing, together with the name, address, phone number, and signature of the appellant, and the filing fee required by the Council's Fee Resolution. The written appeal shall specifically state the pertinent facts of the case and the basis for the appeal.

C.

Scope of Land Use Permit Appeals. An appeal of a decision by the Director, Zoning Administrator, Design Review Commission, or Planning Commission on a land use 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.

Rights. Pending a decision on an appeal in compliance with this Zoning Ordinance, all rights emanating from the permit, license, or other entitlement that is the subject of the appeal, and all relevant time periods, shall be suspended.

E.

Multiple Actions. In the event an appeal is filed regarding a decision on one of multiple permits or City approvals concurrently granted for a single project (for example, the approval of a Use Permit is appealed on a project for which a Negative Declaration was approved at the same time), all concurrently granted determinations, findings, City permits and approvals for the project shall be automatically appealed, and shall be considered and acted upon in compliance with this Division.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Scheduling of Hearing. After an appeal has been received in compliance with Section 19.54.030 above, a noticed public hearing on the matter shall be scheduled by the Director for a Planning Commission agenda or the City Clerk for a Council agenda, as applicable to the appeal.

B.

Report. After the appeal hearing has been scheduled, the Director shall prepare a report on the matter, and forward the report to the appropriate appeal body.

C.

Joining an Appeal. Only those persons who file an appeal within the 10-day appeal period in compliance with Section 19.54.030 shall be considered appellants of the matter under appeal.

1.

Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section 19.54.030.

2.

No person shall be allowed to join an appeal after the end of the 10-day appeal period.

D.

Withdrawal of Appeal. Once filed, an appellant may withdraw an appeal only within the 10-day appeal period established by Section 19.54.030.B (Timing and form of appeal).

E.

Findings and Decision.

General Procedure. The appeal body shall conduct a public hearing in compliance with Division 19.58 (Public Hearings).

a.

Scope of Review. When reviewing an appeal the Review Authority may 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.

Referral. If new or different evidence is presented during the appeal hearing or for any reason determined by the hearing body, the Commission or Council, may refer the matter back to the Director, Zoning Administrator, Design Review Commission, or Commission, as applicable, for a report and recommendation, prior to a final decision on the appeal.

c.

Decision. After a public hearing, the appeal body may:

(1)

Approve, modify, or disapprove the action appealed from, either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal; and

(2)

Adopt additional conditions of approval deemed reasonable and necessary; or

(3)

Disapprove the land use permit approved by the previous Review Authority, even if the appeal only requested modification or elimination of one or more conditions of approval.

2.

Appeals to the Council. A decision by the Director, Planning Commission or Design Review Commission, or by the Police Chief on an Adult-Oriented Business Permit (Division 19.23) may be appealed to the Council as provided by Section 19.54.030 (Filing of Appeals), above.

a.

Authority of Council. The Council shall have the authority to approve, modify, or disapprove the action appealed from, either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal. The appeal hearing conducted by the Council shall be de novo. The appeal may be upheld by a majority of Council members when a quorum of at least three members is present. The lack of an affirmative majority vote on the appeal, or a tie vote, shall constitute denial of the project appealed.

b.

Referral. The Council may refer any appeal to a lower review authority for a report and recommendation, or for further proceedings. If referred for a report and recommendation and the lower review authority changes its

decision and reports the recommendation to the Council, the appeal shall be deemed to be from the decision of the lower review authority as modified.

c.

Finality of Decision. The findings, decision, and action of the Council on an appeal shall be final.

3.

Simultaneous Appeal and Directed Referral. When an action is both appealed and a directed referral is called (Section 19.54.050), both the appeal and the directed referral shall be heard by the Council.

F.

Effective Date of Appeal Decision. A decision by the Commission on an appeal is effective on the 11th day after the decision, when no appeal to the decision has been filed with the Council. A decision by the Council is effective as of the date of the decision.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Purpose. This Section provides procedures for an individual Councilmember to initiate a directed referral on an application where action has been taken and is normally final at a lesser level of authority.

B.

Authority. An individual member of the City Council shall have the authority, pursuant to requirements and procedures of this Section, to direct that an application, approved or denied by a lower review authority, be presented to the full membership of the Council, or direct that the matter be referred to the Planning Commission, for consideration and action.

C.

Grounds for Directed Referral.

1.

If the action will be referred to the Planning Commission, the grounds for the directed referral shall be that the individual Council member believes the matter should be considered and acted on by the Planning Commission.

2.

If the action will be referred to the Council, the grounds for the directed referral shall be that the individual Council member believes the matter should be considered and acted on by the Council.

D.

Procedure for Directed Referral. The individual Council member shall prepare and sign a written directive that specifies:

1.

Whether the action will be referred to the Planning Commission or the Council;

2.

If the action will be referred to the Planning Commission, whether the Planning Commission's decision shall automatically proceed to the Council for review; and

3.

Whether the directed referral is being initiated on the grounds specified in Subsections C.1 or C.2 above. No other grounds or reasons for the directed referral shall be stated.

The Council member shall submit the written directive to the City Manager.

E.

Time Limit. A directed referral shall be filed with the City Manager within the time limit for appeals provided by Section 19.54.030.B (Timing and Form of Appeals) or, in the case of a decision for which no time limit for appeal is specified, within 10 business days of the action being referred.

F.

Action by Planning Commission or Council. Any matter brought before the Planning Commission or Council by the directed referral process shall be considered at a noticed public hearing.

1.

All alternatives available to the Review Authority which considered the original application are also available to the Planning Commission or Council, which may approve, modify, approve with conditions, or disapprove the application(s).

2.

When reviewing a directed referral, the Planning Commission or Council may consider any issues associated with the decision being referred, in addition to the specific grounds for the referral. The hearing(s) conducted by the Planning Commission and/or Council as a result of a directed referral shall be de novo.

3.

In the event a directed referral is filed regarding a decision on one of multiple permits or City approvals concurrently granted for a single project (for example, the approval of a Use Permit is the subject of a directed referral on a project for which a Negative Declaration was approved at the same time), all concurrently granted determinations, findings, City permits and approvals for the project shall be automatically referred, and shall be considered and acted upon in compliance with this Division.

G.

Participation by Initiator of Directed Referral. The individual Councilmember who initiated the referral process shall have full participation rights in the hearing, unless actual bias or prejudice is otherwise shown.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.56 - GENERAL PLAN, ZONING ORDINANCE AND ZONING MAP AMENDMENTS