This chapter provides procedures for filing appeals of determinations or decisions rendered by the Community Development Director or the Planning Commission.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Appeal of Community Development Director's or city official's interpretation. The applicant or any other interested party may file an appeal to the Planning Commission from an administrative interpretation made by the Community Development Director or any city official in compliance with this Zoning Code.

B.

Appeal of Community Development Director's decisions. The applicant or any other interested party may file an appeal to the Planning Commission from any of the following decisions made by the Community Development Director:

1.

Administrative Conditional Use Permits;

2.

Administrative Planned Development Permits;

3.

Administrative Site and Architectural Review Permits;

4.

Architectural Modification (in compliance with Section 21.14.030.C.4 (Administrative authority);

5.

Conditional Use Authorization (in compliance with Section 21.14.030.C.4 (Administrative); authority);

6.

Fence Exceptions;

7.

Notice of Intent to record;

8.

Parking Modification Permits;

9.

Reasonable Accommodation;

10.

Temporary Use Permits; and

11.

Tree Removal Permits.

C.

Appeal filed with the Community Development Department. The appeal shall be filed with the Community Development Department and accompanied by a filing fee in compliance with the city's schedule of fees and charges, no part of which is refundable.

D.

Ministerial actions. Ministerial actions granting or denying a building permit, zoning clearance, home occupation permit, or any other ministerial action pursuant to this Zoning Code are final and not subject to appeal.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2143, § 1, 2-15-2011; Ord. No. 2149, § 1(Exh. A), 6-7-2011; Ord. No. 2213, § 18, 11-1-2016; Ord. No. 2270, § 17, 3-16-2021; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Appeal of Planning Commission Decision. The applicant or any other interested party may file an appeal to the City Council from any decision of the Planning Commission rendered in compliance with this Zoning Code.

B.

Appeal Filed with the City Clerk. The appeal shall be filed with the City Clerk and accompanied by a filing fee in compliance with the city's schedule of fees and charges, no part of which is refundable.

C.

Council Initiated Review: Notwithstanding any other provision of this section, the City Council may review any decision of the Planning Commission as follows:

1.

The City Council may initiate the review by vote of a majority of its members at any time prior to the expiration of the appeals period set forth in Section 21.62.040;

2.

The review shall be treated the same as an appeal, except that no application need be filed with the City Clerk.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2143, § 1, 2-15-2011; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Timing and form of appeal.

1.

Appeals shall be submitted in writing and filed with the Community Development Department or City Clerk within ten days after the date the Community Development Director or the Planning Commission renders the decision, respectively.

2.

The number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed.

3.

Appeals shall be accompanied by the filing fee set by the city's schedule of fees and charges, no part of which is refundable.

B.

Effect of filing. The filing of an appeal in compliance with this chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal.

C.

Required statement and evidence.

1.

Applications for appeals shall include a statement specifying the basis for the appeal and the specific aspect of the decision being appealed.

2.

Appeals shall be based upon an error in fact, dispute of findings, or inadequacy of conditions to mitigate potential project impacts.

3.

Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.

D.

Notice to applicant. If the appellant is not the applicant, a copy of the appeal shall be sent to the applicant, by first class United States mail or comparable delivery service, postage prepaid, to the address listed on the application within seven days of its filing.

E.

Report and scheduling of hearing.

1.

When an appeal has been filed, the Community Development Director shall prepare a report on the matter, and schedule the matter for consideration by the appropriate appeal body, with notice provided in compliance with subsection F of this section.

2.

All appeals shall be considered in public hearings.

3.

The city may consolidate hearings on all timely filed appeal applications for the same project.

F.

Notice requirements.

1.

Public notice for a hearing on an appeal shall be provided in the same manner as required for the decision being appealed.

2.

The content of the notice shall comply with Chapter 21.64, (Public Hearings).

G.

Withdrawal of appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the City Clerk with the signatures of all persons who originally filed the appeal.

H.

Decision shall be final after ten days. Any determination or decision not appealed within the ten-day period shall be final.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2169, § 5(Exh. D), 6-4-2013; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Action. At the hearing, the decision-making body may consider any issue involving or related to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and shall conclude the proceedings with one of the following actions.

1.

Affirmation or reversal. The appeal body may, by resolution, affirm, affirm in part, or reverse the action that is the subject of the appeal.

2.

Additional conditions. When reviewing an appeal on a permit, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal.

3.

Deny the permit. Deny the permit approved by the previous decision-making body, even though the appellant only requested a modification or elimination of one or more conditions of approval.

4.

Referral. If new or different evidence is presented in the appeal, the Planning Commission or City Council, may, but shall not be required to, refer the matter back to the Community Development Director or Planning Commission, as applicable, for further consideration. Any new evidence shall relate to the subject of the appeal.

5.

Required findings. The appeal body shall make the required findings in support of its final action.

B.

Deadlock Vote.

1.

By Planning Commission. In the event an appeal from an action of the Community Development Director results in a deadlock vote by the Planning Commission, the determination, interpreting decision, judgment, or similar action of the Community Development Director shall be recognized as final, unless appealed to the City Council.

2.

By City Council. In the event that an appeal from an action of the Planning Commission results in a deadlock vote by the City Council, the action of the Planning Commission shall become final.

C.

Effective Date of Decision.

1.

Final action by Planning Commission. An action of the Community Development Director appealed to the Planning Commission shall not become effective until the time for an appeal to the City Council has expired without an appeal.

2.

Final action by City Council. An action of the Planning Commission appealed to the City Council shall not become effective until final action by the City Council.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2143, § 1, 2-15-2011; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Except as provided in subsection B of this section, no action challenging a decision made pursuant to this title may be commenced unless all of the appeals afforded under this title have been exhausted.

B.

Notwithstanding subsection A, no one shall be required to exhaust the appeal rights afforded under this title prior to commencing an action to challenge any decision that violates free speech rights protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.

(Ord. No. 2143, § 1, 2-15-2011)