Chapter 17.455 — APPEAL PROCEDURE

The purpose of these provisions is to prescribe the procedure by which an appeal may be taken to the Planning Commission or Design Review Board, from any administrative determination or interpretation made by City staff under the Zoning Code, or to the City Council, from a determination or interpretation made by the Planning Commission or Design Review Board, under the Zoning Code. This procedure shall apply to all appeals from such determinations and interpretations. See Table 17.400-1 for the decision-making authority for appeals by type of approval.

A. Appeal from Administrative Determination.

1. Appeal to Planning Commission. An appeal may be taken to the Planning Commission by an applicant or any interested party, from any administrative determination or interpretation made by City staff under the Zoning Code, except for matters relating to an application for design review or sign review. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by staff, or wherein their decision is not supported by the evidence in the record. The appeal shall be accompanied by such information as may be required to facilitate review. Action on the appeal shall be limited to the issues raised in the appeal. Upon receipt of the appeal, the Secretary of the Planning Commission shall set the date for consideration thereof, and, not less than five calendar days prior thereto, shall give written notice to the appellant and to any known adverse parties of the time and place of the consideration of the appeal.

2. Appeal to Design Review Board. An appeal may be taken to the Design Review Board by an applicant or any interested party, from any administrative determination or interpretation made by City staff relative to any application for design review or sign review. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by staff, or wherein their decision is not supported by the evidence in the record. The appeal shall be accompanied by such information as may be required to facilitate review. Action on the appeal shall be limited to the issues raised in the appeal. Upon receipt of the appeal, the Secretary of the Design Review Board shall set the date for consideration thereof, and, not less than five calendar days prior thereto, shall give written notice to the appellant and to any known adverse parties of the time and place of the consideration of the appeal.

3. An appeal filed pursuant to subsection (A) (1) or (2) of this section shall be filed with the Planning Department. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by staff, or wherein their decision is not supported by the evidence in the record. The appeal shall be accompanied by such information as may be required to facilitate review. Action on the appeal shall be limited to the specific issues raised in the appeal. Upon receipt of the appeal, the Secretary of the Planning Commission, or Design Review Board, as the case may be, shall set the date for consideration thereof, and, not less than five calendar days prior thereto, shall give written notice to the appellant and to any known adverse parties of the time and place of the consideration of the appeal.

• B. Appeal from Planning Commission or Design Review/Tree Board Decision.

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1. An appeal may be taken to the City Council by an applicant or any interested party, from any determination or interpretation made by the Planning Commission or the Design Review/Tree Board, as the case may be, under the Zoning Code.

2. An appeal filed pursuant to subsection (B) (1) of this section shall be filed with the Planning Department. The appeal shall include the appeal form, available at the Planning Department, and filing fee. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Commission or Design Review Board, as the case may be, or wherein their decision is not supported by the evidence in the record. The appeal shall be accompanied by such information as may be required to facilitate review. Action on the appeal shall be limited to the issues raised in the appeal. A filing fee, as established by resolution of the City Council, shall be paid at the time of filing the written appeal. Upon receipt of the appeal, the City Clerk shall set the date for consideration thereof, and, not less than five calendar days prior thereto, shall give written notice to the appellant and to any known adverse parties of the time and place of the consideration of the appeal.

C. Appeal of Housing Projects. Any appeal of a housing project shall address conformance with Government Code Section 65589.5.

D. Filing of Appeals. Any appeal under this chapter shall be filed within seven days of the relevant action.

A. Administrative Appeal.

1. In its review of an administrative appeal, the Planning Commission, or Design Review Board, as the case may be, shall consider the purpose and intent, as well as the letter, of the pertinent provision, and shall affirm, modify, or reverse the staff’s determination or interpretation.

2. In case the applicant or other interested person is not satisfied with the action of the Planning Commission or Design Review Board, as the case may be, the applicant or said person may, within seven days after such action appeal in writing to the City Council.

• B. Appeal from Planning Commission/Design Review Board.

  1. In its review of an appeal from the Planning Commission, or Design Review Board, as the case may be, the City Council shall consider the purpose and intent, as well as the letter, of the pertinent provision, and shall affirm, modify, or reverse the Planning Commission or Design Review Board determination or interpretation. The decision of the City Council shall be final.

  2. The City Council shall render its decision within 30 days of the hearing of the appeal, except that this time limit may be extended by mutual agreement of the City Council and the applicant.

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