Chapter 17.72 — Appeals

This Chapter establishes procedures for the initiation of appeals and Calls for Review of a decision rendered by the Director, Zoning Administrator, Hearing Officer, Film Liaison, Environmental Administrator, Board of Zoning Appeals, Design Commission, Arts and Culture Commission, Historic Preservation Commission, Advisory Agency (as defined in Section 16.08.020), and Commission.

(Ord. 7160 § 65, 2009; Ord. 7099 § 53 (Exh.27), 2007)

A.

Board of Zoning Appeals. The Board of Zoning Appeals shall serve as the review authority for decisions of the Director, Zoning Administrator, Hearing Officer, Film Liaison, Advisory Agency, and Environmental Administrator.

B.

Historic Preservation Commission. The Historic Preservation Commission shall serve as the review authority for decisions of the Director in compliance with Chapter 17.62 (Historic Preservation).

C.

Design Commission. The Design Commission shall serve as the review authority for decisions of the Director regarding design review matters and decisions in compliance with Chapter 17.62.

D.

Council. The Council shall serve as the review authority for decisions of the Design Commission, Arts and Culture Commission, Commission, Historic Preservation Commission, and the Board of Zoning Appeals.

(Ord. 7163 § 13, 2009; Ord. 7160 § 66, 2009; Ord. 7099 Ord. § 53 (Exh. 27), 2007)

An appeal may be filed by any person affected by a determination, decision, or action rendered by the Director, Zoning Administrator, Hearing Officer, Board of Zoning Appeals, Environmental Administrator, Design Commission, Arts and Culture Commission, Historic Preservation Commission, Advisory Agency or Commission.

(Ord. 7160 § 67, 2009; Ord. 7099 Ord. § 53 (Exh. 27), 2007)

Determinations, decisions, and actions that may be appealed and the authority to act upon an appeals shall be as follows.

A.

Determinations. The following determinations of the Director, Zoning Administrator, Hearing Officer, Film Liaison, and Environmental Administrator may be appealed to the Board of Zoning Appeals:

Interpretations of the meaning and determinations on the applicability of the provisions of this Zoning Code that are believed to be in error;

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

An enforcement action in compliance with Chapter 17.78 (Enforcement).

B.

Permit/entitlement and hearing decisions. Decisions and actions by the Director, Zoning Administrator, Hearing Officer, Film Liaison, Advisory Agency, and Environmental Administrator may be appealed to the Board of Zoning Appeals.

C.

Director decisions. Decisions by the Director, in compliance with Chapter 17.62 (Historic Preservation), may be appealed to the Historic Preservation Commission (or to the Design Commission as specified in Section 17.62.030). Decisions by the Director, in compliance with Section 17.61.030, may be appealed to the Design Commission.

D.

Commission, Design Commission Arts and Culture Commission and Historic Preservation Commission decisions. Decisions by the Commission, Design Commission Arts and Culture Commission and the Historic Preservation Commission may be appealed to the Council.

E.

Appeal of CEQA decisions.  

Appeal of CEQA decisions to the Council. When any CEQA document or decision is certified or approved, it may be appealed to the Council.

Appeal shall include the entire decision. Recognizing that it is difficult to separate the decision on the environmental document from the project itself, the appeal to the Council shall include the entire decision. For example, if, after CEQA document certification or approval, the Board of Zoning Appeals approves a land use permit, the appeal shall include both the CEQA document certification or approval and the accompanying land use permit. Such an appeal shall be reviewed in a de novo hearing.

F.

Subdivision Map Act decisions. All decisions made by the Advisory Agency pursuant to the Subdivision Map Act, and appealed to the Board of Zoning Appeals, have a final right of appeal to the City Council.

(Ord. 7160 § 68, 2009; Ord. 7099 § 53 (Exh. 27), 2007)

A.

Timing and form of appeal.  

Application submittal. An appeal application shall be submitted:

a.

Before the effective date established by Section 17.64.020 (Effective Dates) of the decision being appealed;

b.

While City offices are open and before the end of the final day of the appeal period (or the following workday if the appeal period ends on a day when the City Hall is closed); and

c.

In person only. No mailed appeal applications will be accepted.

Filed in writing. An appeal shall be filed in writing with the Secretary or Clerk of the applicable review authority.

The appeal application shall:  

a.

Specifically state the pertinent facts of the case and the reason(s) 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.

Effect of appeal. The filing of an appeal shall stay the effective date of a decision until the review authority can make a decision on the appeal request.

C.

Withdrawal of appeal. If an appeal is withdrawn after filing, the remaining days of the appeal period (e.g., 10 days) shall start from the date on which the appeal is withdrawn.

D.

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 as the appellant.

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

(Ord. 7099 § 53 (Exh. 27), 2007)

A.

Authority and final decision. The authority and final decision for a Call for Review is as follows:

Historic Preservation Commission's review.  

a.

Review. The Historic Preservation Commission may choose to Call for Review a decision by the Director's action on Historic Preservation applications in compliance with Chapter 17.62, including applications for Certificate of Appropriateness, Relief from the Replacement Building Permit Requirements, demolition/alteration of a historic resource without a permit and disapproval of applications for designation of historic properties and districts.

b.

Decision final. The decision of the Historic Preservation Commission shall be final unless Called for Review by the Council or an appeal is filed in compliance with this Chapter.

Design Commission's review.  

a.

Review. The Design Commission may choose to Call for Review a decision by the Director regarding the Director's action on a Design Review in compliance with Section 17.61.030 and decisions authorized under Section 17.62.020.

b.

Decision final. The decision of the Design Commission shall be final unless Called for Review by the Council or an appeal is filed in compliance with this Section.

Board of Zoning Appeals' review.  

a.

Review. The Planning Commission may choose to Call for Review a decision rendered by the Director, (except decisions in compliance with Section 17.61.030 or Chapter 17.62) Zoning Administrator, Hearing Officer, Film Liaison, or Environmental Administrator to the Board of Zoning Appeals.

b.

Decision final. The decision of the Board of Zoning Appeals shall be final unless Called for Review by the Council or an appeal is filed in compliance with this Section.

Council's review.  

a.

Review. The Council may choose to review a decision rendered by the Director, Zoning Administrator, Environmental Administrator, Hearing Officer, Board of Zoning Appeals, Planning Commission, Design Commission, Arts and Culture Commission or the Historic Preservation Commission. When such decisions are called for review, they shall be reviewed by the Review Authority as contained in 17.72.020.

b.

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

Filing of an appeal pending a Call for Review.  

a.

Right to file an appeal. An eligible person affected by a determination, decision, or action, as specified in Section 17.72.030 (Eligibility) may file a timely appeal in compliance with this Chapter even though a Call for Review has been filed in compliance with this Section.

b.

Effect of filing an appeal. The filing of the appeal shall serve to protect the rights of the appellant(s) in the event the Call for Review is subsequently withdrawn or fails.

Withdrawal or failure of a Call for Review. If a request for a Call for Review is withdrawn after filing, or fails, the remaining days of the Call for Review period shall start from the date on which the Call for Review is withdrawn or fails.

B.

Procedures.  

Initiation.  

a.

A member of a review authority with Call for Review authority may initiate a Call for Review by filing a written request with the Secretary or Clerk of the body with Call for Review authority.

b.

A member of the Design Commission may initiate a Call for Review at a regular meeting of the Design Commission without filing a written request before the meeting.

Agenda. The Secretary or Clerk shall place the request on the next available regular meeting agenda.

Date to file. A Call for Review of a permit shall be filed before its effective date in compliance with Section 17.64.020 (Effective Dates).

Effect of Call for Review.  

a.

A request for a Call for Review by a member of a review authority shall stay the effective date of a decision until the review authority can make a decision on the Call for Review request.

b.

The timely filing of a Call for Review does not extend the time in which an appeal of a decision shall be filed; the normal appeal period shall continue to run in compliance with Subsection 17.72.050 A. (Timing and form of appeal) above.

c.

If the review authority decides to Call for Review the subject decision, then the previous decision shall be vacated.

d.

If the review authority decides not to Call for Review the subject decision, then the decision shall become final unless the appeal period has not expired.

Required votes. The number of affirmative votes required to Call for Review a decision shall be as identified in Title 2 of the Municipal Code.

(Ord. 7372 § 9, 2021; Ord. No. 7163 § 14, 2009; Ord. 7160 § 69, 2009; Ord. 7099 Ord. § 53 (Exh. 27), 2007)

A.

Notice and public hearing. An appeal or a call for review hearing shall be a public hearing if the original decision required a public hearing. Notice of the public hearing shall be the same as the original decision, in compliance with Chapter 17.76 (Public Hearings).

B.

Action on appeals or calls for review.  

Scope of review and decision. When reviewing an appeal or a call for review, the review authority may:

a.

Consider any issues associated with the decision being appealed or called for review, in addition to the specific grounds for the appeal or call for review;

b.

Reverse, modify, or affirm, in whole or in part, the determination, decision, or action that is the subject of the appeal or call for review; and

c.

Adopt additional conditions of approval that were not considered or imposed by the original applicable review authority, deemed reasonable and necessary.

Consideration of submitted application, plans, and materials.  

a.

At the hearing, the review authority shall consider the same application, plans, and materials submitted by the applicant for the original decision.

b.

If the applicant submits new plans and materials that differ substantially, as determined by the Zoning Administrator, from the materials submitted for the original decision, the hearing shall be terminated and the applicant shall file a new application.

c.

Changes to the original submittal to address objections of the review authority need not be the subject of a new application.

d.

Revised materials shall be submitted at least 14 days before the public hearing on the application. However, the Zoning Administrator may choose to accept minor revised materials after that time, upon determining that there is sufficient time to review the materials before the hearing date. In addition, the review authority may continue an application until the next available meeting date in order to adequately evaluate the revised materials.

New evidence. If new or different evidence is presented during the hearing, the applicable review authority (e.g., Board of Zoning Appeals, Design Commission, Historic Preservation Commission, or Council) may refer the matter back to the Director, Zoning Administrator, Hearing Officer, Environmental Administrator, Design Commission, or Historic Preservation Commission, as applicable, for a report on the new or different evidence before a final decision on the appeal.

Findings. When reviewing an appeal or a call for review, the review authority shall adopt findings in support of the intended action on the application. The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., Adjustment Permits — Section 17.61.070, Conditional Use Permits — Section 17.61.050, and Variances — Section 17.61.080, etc.).

Failure to act. If the review authority fails to act upon an appeal or a call for review, the decision from which the appeal or call for review was taken shall be deemed affirmed, except that there must be an affirmative vote to approve or certify any action taken pursuant to the California Environmental Quality Act. A failure to affirmatively approve or certify any CEQA action shall be deemed a denial thereof. A failure to act, and any action taken pursuant to CEQA, shall be considered a decision and may be called for review or appealed.

Effect of appeal or call for review. A decision on an appeal or a call for review vacates (i.e., voids) the previous decision from which the decision was taken, except as otherwise identified in Paragraph 5 (Failure to act), above.

Effective date. A decision regarding an appeal or a call for review shall become effective in compliance with Section 17.64.020 (Effective Dates).

(Ord. 7099 § 53 (Exh. 27), 2007; Ord. No. 7250, § 9, 11-17-2014)