This chapter establishes procedures for the appeal of actions and decisions made by the planning commission and the community development director. This chapter supplements general procedures for appeals to the city council in municipal code Chapter 1.20 (Appellate Procedure). In the case of any conflict between this chapter and Chapter 1.20, this chapter governs.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Community Development Director Decisions. Any decision or interpretation of the community development director may be appealed to the planning commission.

B.

Planning Commission Decisions. Any decision of the planning commission may be appealed to the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Eligibility. Any person may submit an appeal of a decision by the community development director or the planning commission. City officials and employees may appeal decisions as affected residents.

B.

Timing of Appeal. An appeal shall be filed within ten calendar days following the date the decision was rendered, unless a longer appeal period is specified as part of the project approval.

C.

Form of Appeal.

1.

An appeal shall be submitted in writing to the development services department on an official city application form together with all required application fees.

2.

The appeal application shall state the pertinent facts and the basis for the appeal.

3.

The whole decision or part of the decision may be appealed. If an appellant chooses, an appeal may be taken solely from any finding, action, or condition.

D.

Effect of Appeal. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the review authority.

E.

Report and Scheduling of Hearing.

1.

When an appeal has been filed, the development services department shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority within ninety days of receiving the appeal.

2.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section 18.104.090 (Notice of Hearings).

3.

Any interested person may appear and be heard regarding the appeal.

4.

All appeals on a single project shall be considered together at the same hearing.

F.

Hearing and Decision.

1.

During the appeal hearing, the review authority may take action on the subject of the appeal or any aspect of the appealed project (de novo review). The review authority shall make its own decision supported by findings.

2.

The review authority's decision may:

a.

Affirm, affirm in part, or reverse the action that is the subject of the appeal;

b.

Adopt additional conditions of approval that address the matter appealed; or

c.

Remand the appeal for further review, recommendation, or action to the previous review authority.

3.

The review authority's action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal and verify the compliance of the subject of the appeal with the zoning code.

4.

A matter being heard on appeal may be continued for good cause (e.g., additional California Environmental Quality Act (CEQA) review is required).

5.

If the hearing body is unable to reach a decision on the matter appealed, the appeal and the decision of the previous review authority shall remain in effect.

G.

Effective Date of Appeal Decision.

1.

City Council's Decision. A decision of the city council on an appeal is final and shall be effective on the date the decision is rendered.

2.

Other Decisions. A decision of the planning commission is final and effective after five p.m. on the tenth calendar day following the date the decision is rendered, when no appeal to the decision or call for review has been filed in compliance with this chapter. In the event the completion of the appeal period falls on a weekend or holiday, the decision shall become effective after five p.m. on the first business day following the completion of the appeal period.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2327 N.S., § 19, 12-15-2021)

A.

City Council Review. City Council may call for a review of any decision of the Community Development Director or Planning Commission.

B.

Initiation. One or more members of the city council may initiate a call for review by filing a written request with the development services department within ten days following the date of the decision. The applicant of the matter called for review shall be notified within ten days of the initiation of a call for review.

C.

Effect of Calls for Review.

1.

Once a call for review is initiated, any action on the associated project is suspended until a final decision is rendered by the city council.

2.

The filing of a call for review does not extend the time in which an appeal of a decision may be filed; the normal appeal period will continue to run.

3.

Where a call for review only applies to a limited issue, an individual may still appeal all or another part of a decision.

D.

Report and Scheduling of Hearing.

1.

When a call for review has been initiated, the development services department shall prepare a report on the matter, including all of the application materials in question. The department shall schedule the matter for a public hearing by the city council within ninety days of receiving the call for review.

2.

Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Section 18.104.090 (Notice of Hearings).

3.

Any interested person may appear and be heard regarding the call for review.

E.

Hearing and Decision.

1.

During the public hearing, the city council may consider any issue involving the matter called for review, in addition to the specific grounds for the call for review. The city council may:

a.

Affirm, affirm in part, or reverse the action that is the subject of the call for review; or

b.

Adopt additional conditions of approval that may address issues or concerns.

2.

The city council's action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the matter called for review, and verify the compliance of the matter with the zoning code.

3.

Within sixty days of the initial public hearing on the call for review, the city council shall render its decision on the matter, unless it is continued for good cause (e.g., additional CEQA review is required).

4.

If the city council is unable to reach a decision on the matter under review, the decision of the previous review authority shall remain in effect.

F.

Effective Date of Review Decision. A decision of the city council is final and shall be effective on the date the decision is rendered.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

No person may seek judicial review of a city decision on a permit or other matter in compliance with the zoning code until all appeals to the planning commission and city council have been exhausted.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)