Any matter that may be appealed to the city council under this title or Title 16 of this code, including, but not limited to, those determinations or actions appealable pursuant to Sections 17.28.330, 17.64.060, and Chapter 17.60 of this title, may be appealed or called for review, as provided by this chapter.

(Ord. 1256 § 1 (Exh. A (part)), 2006: Ord. 1234 § 14 (part), 2005)

Determinations and actions that may be appealed or called for review, and the authority to act upon an appeal or call for review shall be as follows:

A.

Code Administration and Interpretation. The following actions of the director and department staff may be appealed to the commission and then appealed to or called for review by the city council:

1.

Determinations of the meaning or applicability of the provisions of this title or Title 16 of this code that are believed to be in error, and cannot be resolved by staff;

2.

Any determination pursuant to Government Code Section 65943 that a permit application or information submitted with an application is incomplete; and

3.

Any enforcement action pursuant to this title or Title 16 of this code.

B.

Land Use Permit and Hearing Decisions. Decisions of the director on zoning clearances, plan reviews, variances, conditional use permits, minor development permits, administrative hillside development permits, and hillside development permits may be appealed to the commission. Decisions by the commission may be appealed to or called for review by the council.

(Ord. 1257 § 1, 2006; Ord. 1256 § 1 (Exh. A (part)), 2006: Ord. 1234 § 14 (part), 2005)

A.

Appeals. To avoid results that are inconsistent with the purposes of this code, any order, requirement, decision, determination, interpretation or ruling of the planning commission may be appealed to the city council. Appeals may be initiated by any interested party, unless otherwise prescribed by this code. In the case of a land use permit or hearing decision described in Section 17.66.020(B) of this chapter, an appeal may be filed by anyone who, in person or through a representative explicitly identified as such, appeared at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing.

B.

Calls for Review. Any order, requirement, decision, determination, interpretation or ruling of the planning commission may be called for city council review upon written request of two members of the city council.

(Ord. 1234 § 14 (part), 2005)

A.

Filing of Appeals. A notice of appeal shall be in writing and shall be filed in duplicate in the office of the director upon forms provided by the city. An appeal from any order, requirement, decision, determination, or interpretation by the planning commission in the administration or enforcement of the provisions of this title or Title 16 of this code must set forth specifically where there was an error or abuse of discretion or where an application did meet or fail to meet, as the case may be, those qualifications or standards set forth in this code, as being prerequisite to the granting of any application.

B.

Calls for Review. A call for city council review may be initiated by any two members of the city council and shall be filed in writing with the director or noted in the minutes of a city council meeting and shall not state that the planning commission has committed error or otherwise suggest that the councilmembers seeking review have predetermined the matter to be heard by the council.

C.

Effect on Decisions. Decisions that are appealed or called up for review shall not become effective until the appeal or review is resolved.

(Ord. 1234 § 14 (part), 2005)

A.

Action and Findings.

1.

Appellate review under this code is de novo. Accordingly, when reviewing a decision on a land use permit, the appeal body may adopt additional conditions of approval that address other issues or concerns than the subject of the appeal.

2.

A decision by an appeal body may also be appealed, as provided by Section 17.66.020 of this chapter, provided that the decision of the city council on an appeal shall be final.

B.

Time for Filing. Appeals and calls for review shall be initiated in writing within ten business days after commission action.

C.

Judicial Review. The time within which judicial review of any final decision must be sought is governed by California Code of Civil Procedure Section 1094.6.

D.

Withdrawal of Appeal—Commission Actions. After an appeal of a commission decision has been filed, the appeal shall not be withdrawn, except with the consent of the council.

(Ord. 1234 § 14 (part), 2005)

A.

Appeals. An appeal shall be accompanied by a filing fee in an amount determined from time to time by city council resolution.

B.

Calls for Review. No fee shall be required for a call for review.

(Ord. 1234 § 14 (part), 2005)

A.

Scheduling. Within thirty days after the commission action, the city council shall schedule the appeal or call for review for hearing and decision and give notice of the date, time and place thereof to the applicant and the appellant, if any. Prior to the hearing, the director shall transmit to the city clerk a report of the findings of the commission and the director shall present at the hearing all exhibits, notices, petitions and other papers and documents on file with the commission. The hearing shall be held within sixty days after the commission action.

B.

Public Hearing and Notice. An appeal or call for review shall be a public hearing if the decision being appealed or reviewed required a public hearing. Notice shall be given in the manner required for the decision being appealed or reviewed.

C.

Evidence. The hearing shall be de novo. At the hearing, the city council shall consider all pertinent materials, including all documents constituting the administrative record.

D.

Hearing. At the hearing, any party or person may appear in person or by agent or attorney to provide testimony.

E.

Required Findings, Decision and Notice. Following an appeal or review hearing, the city council may remand the matter to the planning commission for further consideration or may affirm in whole or in part, modify, or reverse the decision appealed or reviewed. If the city council does not remand the matter to the planning commission, it shall make the findings prescribed by this code and other applicable law for the matter in issue. The city council decision shall be made within thirty days of the hearing date. The city clerk shall mail notice of the city council decision to the applicant and to the appellant, if any, within five business days after the date of the decision.

(Ord. 1234 § 14 (part), 2005)