This Chapter establishes procedures for the following:

A.

Commission's appeal. The Commission's appeal of a decision rendered by the Director;

B.

Council's appeal. The Council's appeal of a decision rendered by the Director or Commission; and

C.

Eligibility. Other eligible appellants, in compliance with Section 9-76.020 (Eligibility), below.

(§ 5, Ord. 1085, eff. January 6, 2006)

An appeal may be filed by the Commission, the Council, or any interested person.

(§ 5, Ord. 1085, eff. January 6, 2006)

Decisions and actions that may be appealed, and the authority to act upon an appeal shall be as follows:

A.

Director's decision. Appeals of a Director's administrative decision shall be heard by the Commission.

B.

Commission's decision. Appeals of Commission decisions shall be heard by the Council.

C.

Appeals filed on behalf of the Council, Commission, or City Manager. No filing fee shall be charged or collected for any application or appeal filed by a Council member when the application or appeal has been signed by two Council members or the application or appeal has been filed by the City Manager, or designee, or the appeal of a staff decision by the Commission by two members.

D.

Building Official's decision. Appeals of a Building Official's administrative decision for an Electric Vehicle Charging Station use permit shall be heard by the Commission.

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2(Exh. A), Ord. No. 1312, effective October 15, 2020)

A.

Appeal. The Commission may choose to appeal a decision rendered by the Director.

B.

Appeal procedure. The signatures of at least two Commission members is required to initiate an appeal of the decision, before expiration of the appeal period.

C.

Referral to Director. The Commission shall have the authority, at any time before its final determination on the appeal, to refer the matter back to the Director for additional consideration. The Commission may instruct the Director to conduct an additional public hearing in order to accept new evidence relating to the matter subject to appeal.

D.

Further appeal. Decisions of the Commission are appealable to the Council.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Appeal. The Council may choose to appeal a decision rendered by the Director or Commission.

B.

Appeal procedure. The signatures of at least two Council members is required to initiate an appeal of the decision, before expiration of the appeal period.

C.

Referral to Commission. The Council shall have the authority, at any time before its final determination on the appeal, to refer the matter back to the Commission for additional consideration. The Council may instruct the Commission to conduct an additional public hearing in order to accept new evidence relating to the matter subject to appeal.

D.

Decision final. The decision of the Council on the appeal shall be final and shall become effective upon adoption of the resolution by the Council.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Timing and form of appeal.

1.

Appeal period. The appeal period for all appeals (except for those listed below) to the City review authorities shall be 14 days (or the following workday if the appeal period ends on a day when the City Hall is closed) after the vote is taken by the applicable review authority. Specified appeal applications shall be submitted by the following deadlines:

a.

General Plan and Specific Plan amendments: Five days.

b.

Tentative Tract Maps and Land Divisions: 10 days.

c.

Administrative Actions: 10 days.

2.

Filed with Department or City Clerk. Appeal applications addressed to the Commission shall be filed with the Department, while appeals addressed to the Council shall be filed with the City Clerk.

3.

The appeal application shall:

a.

Be accompanied by the information identified by the Department; and

b.

Be accompanied by the filing fee established by the City's Schedule of Service Charges.

4.

Processing of appeals. Unless otherwise provided in this Chapter, an appeal shall be processed in the same manner as other discretionary application requests identified in this Development Code [See Chapter 9-52 (Permit Review, Approval, Disapproval, or Modification)].

B.

Delay of proceedings. Filing of an appeal shall stay all proceedings associated with the matter subject to the appeal (e.g., issuance of a Certificates of Occupancy, Building or Grading Permit, etc.), pending the City's final action on the appeal.

C.

Withdrawal of appeals.

1.

Action needed to withdraw. Appeals may be withdrawn before the scheduled public hearing only, as provided below:

a.

Commission appeal. In the case of a Commission appeal [See Section 9-76.030(C) (Appeals filed on behalf of the Council, Commission, or City Manager)], a request for withdrawal shall be approved by a majority of the Commission if the withdrawal request occurs after the closing of the appeal period.

b.

Council appeal. In the case of a Council appeal [See Section 9-76.030(C) (Appeals filed on behalf of the Council, Commission, or City Manager)], a request for withdrawal shall be approved by a majority of the Council if the withdrawal request occurs after the closing of the appeal period.

c.

Appellant appeal. By written request signed by all persons, except for Subsection (C)(1)(a) or (b), above, who originally filed the appeal.

2.

5:00 p.m. deadline. There shall be no filing of an appeal after 5:00 p.m., the close of business, on the 14th day following the date of decision by the appropriate review authority (e.g., the last day of the appeal period), irrespective of whether or not an earlier-filed appeal has been, or is, subsequently withdrawn.

D.

Action on appeals.

1.

Hearing and notice. Upon receipt of a complete appeal application form, the Department, or City Clerk in the case of appeals to the Council, shall establish a date, time, and place for the hearing. Notice shall be given in the same manner as required for the original application request, and shall also be given to the applicant and appellant, as the case may be, in compliance with Chapter 9-74 (Public Hearings). It is the appellant's responsibility to post a sign, if necessary, as required in Section 9-74.020(B)(2)(b).

a.

Referral back for further review.

(1)

A matter on appeal may be referred back to the preceding review authority for further report, information, or study.

(2)

Whenever a matter on appeal has been referred back to the preceding review authority, the authority shall respond within 30 days following the date of the referral, unless otherwise specified by the review authority making the referral.

b.

Multiple appeals. Hearings on multiple appeals may be consolidated.

2.

Scope of review and decision. When reviewing an appeal the review authority may:

a.

Consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal. The review authority shall also consider any environmental determination applicable to the entitlement or decision being appealed;

b.

By resolution, uphold, uphold in part, or reverse the action, the determination, or decision that is the subject of the appeal;

c.

Adopt additional conditions of approval deemed reasonable and necessary; and

d.

Disapprove the land use permit approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.

3.

Findings. When reviewing an appeal the review authority shall adopt findings in support of the intended action on the appeal. The nature of the findings shall be in compliance with the findings adopted by the original review authority [e.g., Conditional Use Permits (Section 9-52.070), Cluster Development Permits (Section 9-52.040), Planned Development Permits (Section 9-52.050), Variances (Section 9-52.090), etc.].

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012)