Chapter 8.6 Appeals Procedures/Calls for Review
8.6.10 Purpose of this Chapter
The purpose of this Chapter is to specify procedures for appeal of certain discretionary determinations or actions of the city staff or the Planning Commission.
8.6.20 Appeals/Calls for Review Procedures
With respect to Planning Commission, or Community Development Director as allowed, decisions on Conditional Use Permits, Standards Modifications, Variances or other discretionary land use and development matters or any other decision for which an Appeal is expressly provided under this Code, a decision shall become final at five p.m. on the 11th business day next succeeding the date of the decision unless, prior to that hour, an Appeal to or Call for Review by the City Council or Planning Commission, as appropriate, is filed in writing in the office of the City Clerk.
A. Appeals. Appeals may be initiated by:
1. The applicant;
2. An owner of real property, any part of which is located within five hundred (500) feet of the external boundaries of the subject property;
3. An individual or organization that presented objections or testimony to the reviewing authority in writing or at a Public Hearing for the subject approval.
B. Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of this code, any discretionary order, requirement, decision, determination, interpretation or ruling of the Planning Commission or Community Development Director may be called up for review to the City Council or Planning Commission, respectively, upon the written request of any two (2) City Council members or Planning Commissioners, respectively. A decision on an Appeal to the Planning Commission may be appealed or Called for Review to or by the City Council.
C. Filing of Appeals. A Notice of Appeal shall be in writing and shall be filed in duplicate in the office of the City Clerk upon forms provided by the City. An Appeal from any order, requirement, decision, determination or interpretation by the Planning Commission or Community Development Director in the administration or enforcement of the provisions of this Code must set forth specifically where there was an error or abuse of discretion or where an application did meet or failed to meet, as the case may be, those qualifications or standards set forth in this Code as prerequisite to the granting of any application.
D. Filing of Calls for Review. A Call for Review shall be filed in writing with the City Clerk and shall not state that the Planning Commission or Community Development Director has committed error or otherwise suggest that the member(s) seeking review have predetermined the matter to be heard.
E. Effect on Decisions. Decisions that are timely appealed or called up for review shall not become effective until the Appeal or review is resolved.
F. Action and Findings of Appeal Body. The appeal body may adopt additional Conditions of Approval that may address other issues or concerns than the subject of the Appeal.
G. Judicial Review. Judicial review of any final decision must be sought within the time prescribed by the California Code of Civil Procedure Section 1094.6.
H. Withdrawal of Appeal. Once an Appeal has been filed, it shall not be withdrawn except with the consent of the body to consider the Appeal (i.e., the City Council or Planning Commission).
I. Time for Filing Appeals. Appeals shall be filed within 10 business days after decision.
J. Time for Filing Calls for Review. Calls for Review shall be filed within 10 business days after decision.
K. Filing Fees for Appeals. A filing fee as set by the City Council shall be submitted with the application for Appeal.
L. Filing Fees for Calls for Review. No fee shall be required for a Call for Review.
M. Procedures for Appeals and Calls for Review. The following scheduling and noticing procedures apply to Appeals and Calls for Review.
1. Within ten (10) days after the decision to be appealed, the City Council or Planning Commission 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, the Planning Commission and the appellant, if any. Prior to the hearing, the Community Development Director shall transmit to the City Clerk a report of the Findings of the Planning Commission, or to the Planning Commission a report of the Findings of the Community Development Director, and the Community Development Director shall present at the hearing all exhibits, notices, petitions and other papers and documents on file. The hearing shall be held within forty-five (45) days after the decision to be appealed.
2. 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.
a. The hearing shall be de novo. At the Public Hearing, all pertinent material shall be considered, including all documents constituting the administrative record.
b. At the Public Hearing, any party or person may appear in person or by agent or attorney to provide testimony.
3. Following an appeal or review hearing, the hearing body may remand the matter for further consideration or may affirm (in whole or in part), modify, or reverse the decision appealed or reviewed. If the hearing body does not remand the matter, it shall make the Findings prescribed by this Municipal Code for the matter at issue. The decision shall be made within thirty (30) days of the hearing date. The City Clerk shall mail notice of the City Council decision, or the Secretary of the Planning Commission notice of the Planning Commission decision, to the applicant and to the appellant, if any, within five (5) working days after the date of the decision. (Ord. 2015-01 § 45)