Article 5 — Appeals

In considering an appeal, the reviewing body shall conduct a de novo hearing, considering the appeal as a new matter. The reviewing body shall apply all laws and ordinances to the application as they exist at the time of the hearing on the appeal. The original applicant shall have the burden of proof. In considering the appeal, the reviewing body shall not be limited to the issues raised by the appellant. The reviewing body may grant, conditionally grant or deny the application. The reviewing body shall act on the appeal even if the appellant withdraws his or her appeal, but in such case may act without conducting a public hearing.

A. Notice of Appeal. Within ten (10) days after the date the Zoning Administrator mails his or her decision on the application to the applicant, the applicant or any interested person may appeal to the Planning Commission by filing a "notice of appeal" with the City Clerk who shall immediately transmit a copy to the Community Development Director and a copy to the applicant in the event the appellant is not the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

B. Appeal by City Manager. Within ten (10) days after the date of mailing of a decision of the Zoning Administrator, the City Manager on behalf of the City may appeal to the Planning Commission a decision of the Zoning Administrator that adversely affects the City by filing a "notice of appeal" with the City Clerk, who shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this section relating to appeals shall apply.

C. Public Notice and Hearing. Upon the receipt of a valid appeal from a decision of the Zoning Administrator, the Community Development Director shall, within a reasonable period of time, set a public hearing on the matter before the Planning Commission. Public notice shall be given in the manner specified in Part IV, Article 3 of this chapter.

D. Planning Commission Decision on Appeal. After the public hearing on an appeal, the Planning Commission may reverse, affirm or modify the decision of the Zoning Administrator. In taking such action, the Planning Commission shall make all findings required by this part which relate to the type of application under consideration. The decision of the Planning Commission on any appeal shall be final and conclusive in the matter. Decisions, as defined in Code of Civil Procedure Section 1094.6(e), made by the Planning Commission regarding appeals of Zoning Administrator decisions shall be subject to judicial review only if the petition for writ of mandate is filed within the time limits specified in Code of Civil Procedure Section 1094.6. (§13, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

A. Notice of Appeal. Within ten (10) days after mailing a decision of the Design Review Commission, any interested person may appeal to the Planning Commission by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and, in the event the appellant is not the applicant, a copy to the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

B. Appeal by City Manager. Within ten (10) days after the date of mailing of a decision of the Design Review Commission, the City Manager on behalf of the City may appeal to the Planning Commission a decision of the Design Review Commission which adversely affects the City by filing a "notice of appeal" with the City Clerk, who shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this article relating to appeals shall apply.

C. Notice and Public Hearing. Upon the receipt of a valid appeal from a decision of the Design Review Commission, the Community Development Director shall schedule a public hearing before the Planning Commission within a reasonable period of time. Notice of the public hearing shall be given in the manner specified in Part IV, Article 3 of this chapter.

D. Planning Commission Decision on Appeal. After the public hearing on an appeal, the Planning Commission may refer the matter back to the Design Review Commission for further consideration, or may reverse, affirm or modify the decision of the Commission. The Planning Commission may continue the matter from time to time, and its findings and decision on the appeal shall be final and conclusive in the matter. Decisions, as defined in Code of Civil Procedure Section 1094.6(e), made by the Planning Commission regarding appeals of Design Review Commission decisions shall be subject to judicial review only if the petition for writ of mandate is filed within the time limits specified in Code of Civil Procedure Section 1094.6. (§14, Ord. 2134, eff. 11/20/14)

A. Notice of Appeal. Within ten (10) days after mailing a decision of the Planning Commission, any interested person may appeal to the City Council by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and a copy to the applicant, in the event the appellant is not the applicant. The notice of appeal shall specify the person making the appeal, the decision appealed from, and shall state in clear and concise language the reasons for the appeal. Notice of appeal forms shall be supplied by the City Clerk.

B. Review by Council. Any member of the City Council shall have authority to request the Council to review any decision of the Planning Commission by either making such request orally at the first Council meeting following the Commission meeting at which such decision was made or by filing a written request with the City Clerk prior to the expiration of the time during which an appeal can be made. When such review is requested by any member of the City Council, the review shall be processed in the same manner as an appeal and all procedures set forth in this article shall apply. A request for review need not state the reasons for the request. A request for review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision below, nor shall it affect any Council member's right to approve or disapprove the decision below.

C. Appeal by City Manager. Within ten (10) days after the date of a decision of the Planning Commission, the City Manager on behalf of the City may appeal to the City Council a decision of the Commission that adversely affects the City by filing a "notice of appeal" with the City Clerk. The City Clerk shall immediately transmit a copy to the Community Development Director and a copy to the applicant. The notice of appeal shall specify the decision appealed from and shall state in clear and concise language the reasons for the appeal. When such appeal is filed, all provisions of this section relating to appeals shall apply.

D. Notice and Public Hearing. After the filing of the notice of appeal, the City Clerk shall schedule a public hearing before the City Council within a reasonable period of time. Notice of the public hearing shall be given in the manner specified in Part IV, Article 3 of this chapter.

E. Council Decision on Appeals. After the public hearing on an appeal, the City Council may refer the matter back to the Planning Commission for further consideration, or may reverse, affirm or modify the decision of the Commission. (§16, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24)

Except for actions taken by the Community Development Director on an application for design review approval as provided for in Article 12 of this chapter, or as otherwise provided in this chapter, any decision, action or determination of the Community Development Director is final and is not appealable. The Community Development Director may, but is not required to, refer any question concerning the interpretation or application of this chapter to the Planning Commission for review. For those decisions that are appealable, the procedures established in Section 10-2.4.502 shall apply, insofar as they may be made applicable. (§15, Ord. 2134, eff. 11/20/14; §4, Ord. 2239, eff. 7/5/24. Formerly 10-2.4.504)