Redwood City Municipal Code Art. III Procedures on Appeals and Call Ups

Footnotes:

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Editor's note— Ord. No. 1130-368, § 4, adopted January 9, 2017, repealed and replaced art. III, §§ 1.45.5—1.45.10, in its entirety. Former art. III pertained to "Procedures on Appeal," and was derived from Ord. No. 2373, § 1, adopted Janaury 9, 2012.

A. All appeals authorized by this Municipal Code or the Redwood City Zoning Code for which there is no conflicting specific provision shall be processed and heard as set forth in this Article III.

B. Because the City Council is ultimately responsible for the governance of the City, it must have the authority to ensure that decisions of subordinate officials, boards, and commissions are thoroughly reviewed. Accordingly, any final determination of the Planning Commission, City Manager, Zoning Administrator, Community Development Director, or other discretionary decision by City staff may be called up for review and shall be processed and heard as set forth in this Article III, unless there is a conflicting specific provision. A call up is not an appeal and does not require that a Council member requesting review be aggrieved or object to a decision. If a Council member requests a call up, there shall be a presumption that the reason is that the action would benefit from additional review, transparency or public participation. No inference of bias shall be made or implied due to a call up request being filed.

(Ord. No. 1130-368, § 4, 1-9-17)

A. Any authorized appeal or call up shall be filed within fifteen (15) days of the date of action or as otherwise specified by applicable law.

B. An appeal and call up may be heard concurrently by the reviewing body.

(Ord. No. 1130-368, § 4, 1-9-17)

A. All appeals authorized by this Municipal Code or the Redwood City Zoning Code shall be filed with the City Clerk and shall be in writing on forms provided by the City. The Appellant shall submit, together with the appeal forms, any documents, records and/or written materials the appellant wishes to be considered by the reviewing body.

B. All requests for a call up authorized by this Municipal Code or the Redwood City Zoning Code shall be filed with the City Clerk and shall be in writing on forms provided by the City.

(Ord. No. 1130-368, § 4, 1-9-17)

A. The appeal fee established by City Council resolution for such appeal shall be paid at the same time and together with the submittal of all appeals. Appeal fees paid by a check which is returned unpaid by the bank shall render the appeal null and void.

B. No fee shall be required for a Council member to request a call up.

(Ord. No. 1130-368, § 4, 1-9-17)

A. Upon receiving an appeal that satisfies all applicable requirements, the City Clerk shall place the item on the next available agenda of the reviewing body, except where the time for review is otherwise specified in the Municipal Code or the Redwood City Zoning Code. Matters called up or appealed shall be heard within ninety (90) days. The next available agenda shall be determined by the City Manager.

B. Upon receiving a request for call up from two (2) or more Council members, the City Clerk shall place the item on the next available City Council agenda or Planning Commission agenda, if the call up is being made to the Planning Commission pursuant to Section 41.8 (Call ups) of the Zoning Code. The next available agenda shall be determined by the City Manager.

(Ord. No. 1130-368, § 4, 1-9-17)

A. Appeal and call up hearings, except for those authorized to be heard in closed session, shall be public hearings that are publicly noticed as required by applicable state law. Written notice of the time and date of the appeal and/or call up hearing shall be provided at least ten (10) days prior to the hearing by first class, postage pre-paid mail to the appellant, if any, at the address provided on the appeal form and also to the applicant (if not the appellant) at the address listed by the applicant on the application.

B. If so requested by the appellant, if any, and the cost of copies are paid in advance, the City Clerk shall also provide to the appellant copies of all materials being submitted by city staff to be considered by the reviewing body. The charge for copies of such materials shall be the cost of such copies as established by City Council resolution. Except for reports regarding those matters authorized to be heard in closed session, the staff report and all records and materials being submitted by city staff to the reviewing body shall be made available to the public at the time of distribution. In addition, when any matter is contested and a request is made in writing prior to the date of the hearing, a record shall be made and duly preserved, a copy of which shall be available at cost.

(Ord. No. 1130-368, § 4, 1-9-17)

A. De Novo Hearing. The reviewing body shall hear the appeal or call up as a new matter. The original applicant has the burden of proof. In addition to considering the testimony and evidence presented at the hearing on the appeal or call up, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal or call up is taken.

B. An appeal or call up stays all actions and rights on the matter being appealed unless it is determined and certified by the original review authority that a stay would cause imminent peril to life and property.

C. The hearing shall be conducted as other public hearings, with a staff presentation of the matter prior to the public hearing. Any member of the public, including the appellant, if applicable, and the applicant shall have the right to be heard by the reviewing body either in person or by counsel. Formal rules of evidence and discovery do not apply in the proceedings under this Chapter and the reviewing body may consider any evidence or information deemed relevant and reasonably reliable. No party shall have the right to cross-examine any other party or witness.

D. When reviewing any decision on appeal or call up, the reviewing body shall use the same standards for decision making and shall make findings in accordance with the Municipal Code, Redwood City Zoning Code, or applicable state law. The reviewing body may adopt the lower decision-making body's decision and findings as its own and may affirm, reverse, or modify any decision or determination appealed or called up.

E. Notice of the decision of the reviewing body shall be provided to the appellant, where applicable, and the applicant in the same manner as the notice of the hearing.

F. A decision of the City Council becomes final on the date of the decision. A decision of other reviewing bodies becomes final when the opportunity to appeal and/or call up the decision has expired. A person aggrieved by a final decision may seek judicial review by timely appealing to the appropriate court pursuant to California Code of Civil Procedure Sections 1094.5, 1094.6, 1094.8 or other applicable law.

(Ord. No. 1130-368, § 4, 1-9-17)