Chapter 9.76
Appeals Revised 3/17

Sections:

9.76.010    Purpose of Chapter

9.76.020    Appeal Subjects and Jurisdiction Revised 3/17

9.76.030    Filing and Processing of Appeals

9.76.040    Repealed

9.76.010 Purpose of Chapter

This Chapter establishes procedures for the appeal and review of determinations and decisions of the Flood Plain Administrator, Zoning Administrator, Historic and Design Review Commission, or Planning Commission.

9.76.020 Appeal Subjects and Jurisdiction Revised 3/17

A.    Land Use Code administration and interpretation. The following determinations and actions of the Zoning Administrator and Department staff may be appealed to the Planning Commission and then to the Council:

1.    A determination on the meaning or applicability of these regulations that are believed to be in error, and cannot be resolved with Department staff;

2.    A determination that a permit application or information submitted with the application is incomplete, in compliance with State law (Government Code Section 65943); and

3.    An enforcement action in compliance with Chapter 9.96 (Enforcement and Penalties).

B.    Planning permit and hearing decisions.

1.    Director. A determination, interpretation, or decision of the Director under the provisions of this Land Use Code may be appealed to the Planning Commission.

2.    Flood Plain Administrator. A determination, interpretation, or decision by the Flood Plain Administrator in compliance with Title VIII, Chapter 4, may be appealed to the Planning Commission.

3.    Zoning Administrator. A determination, interpretation, or decision by the Zoning Administrator may be appealed to the Planning Commission.

4.    Historic and Design Review Commission. A decision of the Historic and Design Review Commission may be appealed to the Planning Commission and/or Council per Table 7-1 (Review Authority).

5.    Planning Commission. A decision of the Planning Commission may be appealed to the Council. (Ord. 1484, eff. 3/17/2017)

9.76.030 Filing and Processing of Appeals

A.    Eligibility. Appeals to and reviews of decisions made in compliance with this Land Use Code may be initiated by the following individuals and bodies.

1.    Aggrieved persons. An appeal may be filed by an aggrieved person, as defined in Section 7.69.040.A, except that in the case of a decision on a Minor Use Permit, Use Permit, Variance, and/or other Planning Commission decision that followed a public hearing. An appeal may only be filed by an aggrieved person who, in person or through a representative, appeared at the 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.

2.    Commission review. The Planning Commission may choose to review a determination by the Director or Flood Plain Administrator, or a decision by the Zoning Administrator or Historic and Design Review Commission.

a.    A member of the Planning Commission may request the opportunity to discuss any decision previously rendered; however, a majority vote of the Planning Commission is required to initiate an appeal of the decision.

b.    Upon a majority vote by the Planning Commission to initiate an appeal, the Director shall schedule the matter for hearing.

3.    Council review. The Council may choose to review a determination by the Director or Flood Plain Administrator, or a decision by the Zoning Administrator, Historic and Design Review Commission, or Planning Commission.

a.    A member of the Council may request the opportunity to discuss any decision previously rendered; however, a majority vote of the Council is required to initiate an appeal of the decision.

b.    Upon a majority vote by the Council to initiate an appeal, the City Clerk shall schedule the matter for hearing.

B.    Timing and form of appeal. An appeal shall be in writing and shall specifically state the pertinent facts and the basis for the appeal.

An appeal shall be filed with the Department or City Clerk, as applicable, within 10 business days of the actual date of the final decision. Appeals addressed to the Planning Commission shall be filed with the Department; appeals addressed to the Council shall be filed with the City Clerk. An appeal shall be accompanied by the required filing fee identified in the City’s Fee Schedule.

C.    Scope of planning permit appeals. An appeal of a decision on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

D.    Report and scheduling of hearing. When an appeal has been filed, the Director shall prepare a report on the appeal, and schedule the appeal for a public hearing by the appropriate review authority identified in Section 9.76.020, above. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9.74 (Public Hearings).

E.    Decision.

1.    At a hearing on an appeal, the review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.

2.    The review authority may:

a.    Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, 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 or non-compliance of the subject of the appeal with this Land Use Code;

b.    Adopt additional conditions of approval, that may address issues or concerns other than the subject of the appeal; or

c.    Disapprove the planning permit approved by the previous review authority.

3.    If new or different evidence is presented on appeal, the Planning Commission or Council may refer the matter to any applicable review authority for further consideration.

F.    Effective date of appeal decision.

1.    Planning Commission decision. A decision by the Planning Commission is effective on the eleventh business day after the decision, when no appeal to the decision has been filed with the Council.

2.    Council decision. A decision by the Council is effective on the date of the decision

G.    Withdrawal of an appeal of a Planning Commission decision. After filing, an appeal of a Planning Commission decision shall not be withdrawn except with the consent of the Council. (Ord. 1432, eff. 12/20/2013)

9.76.040 Appeals to the Coastal Commission

Repealed by Ord. 1432.