Chapter 20.64
APPEALS

Sections:

20.64.010    Purpose.

20.64.020    Appeals or Calls for Review.

20.64.030    Filing and Processing of Appeals and Calls for Review.

20.64.040    Judicial Review of City Decision.

20.64.010 Purpose.

The purpose of this chapter is to provide procedures for the appeal or call for review of determinations and decisions of the Director, Zoning Administrator, Hearing Officers, and Commission. Any provision in Title 20 relating to appeals shall be considered a call for review and processed according to this chapter when initiated by a member of the Commission or City Council under Section 20.64.030(A) if the purpose for the call for review is to bring the matter in front of the entire body for review. (Ord. 2015-8 § 4 (part), 2015: Ord. 2010-21 § 1 (Exh. A)(part), 2010)

20.64.020 Appeals or Calls for Review.

A.    Director. Interpretations or decisions of the Director may be appealed or called for review to the Commission.

B.    Zoning Administrator. Decisions of the Zoning Administrator may be appealed or called for review to the Commission.

C.    Hearing Officer. Decisions of a Hearing Officer may be appealed or called for review to the Planning Commission.

D.    Planning Commission. Decisions of the Commission may be appealed or called for review to the City Council. (Ord. 2015-8 § 4 (part), 2015: Ord. 2010-21 § 1 (Exh. A)(part), 2010)

20.64.030 Filing and Processing of Appeals and Calls for Review.

A.    Eligibility. Appeals may be initiated by any interested party. Calls for review may be initiated by a member of the Commission or City Council, in the member’s official capacity, if the purpose for the call for review is to bring the matter in front of the entire body for review.

B.    Timing and Form of Appeal. An appeal initiated by an interested party shall be submitted in writing and shall state the facts and basis for the appeal. A call for review initiated by a member of the Commission or City Council, in their official capacity, shall be submitted in writing and shall be for the purpose of bringing the matter in front of the entire body for review.

1.    Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers).

a.    Appeals addressed to the Commission shall be filed with the Director on forms provided by the Department;

b.    Appeals addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk;

c.    Calls for review addressed to the Commission shall be filed with the Director on forms provided by the Department; and

d.    Calls for review addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk.

2.    Filing Fee. An appeal shall be accompanied by the filing fee identified in the City’s master fee schedule. A call for review is exempt from the payment of a filing fee under Section 3.36.030, or any successor provision.

C.    Report, Scheduling, Noticing, and Conduct of Hearing.

1.    The decision from which an appeal or a call for review has been made has no force or effect as of the date on which the appeal or call for review is filed. When an appeal or call for review has been filed, the Director 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 identified in Section 20.64.020 (Appeals or Calls for Review).

2.    Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

3.    Conduct of Hearing.

a.    Review of an appeal from a decision of the Hearing Officer, Zoning Administrator, Commission, or the Director, including Director interpretations, shall be de novo.

A call for review of a decision of the Zoning Administrator, Hearing Officer, Commission, or the Director, including Director interpretations, shall be de novo. The body hearing a matter that is called for review shall follow the same procedure applicable to the lower hearing.

b.    The review authority is not bound by the decision that has been appealed or called for review, or limited to the issues raised on appeal or at the lower hearing.

c.    The review authority shall hear testimony of the appellant, if any, the applicant, and any other interested party.

d.    The review authority shall consider the same application, plans, and project-related materials that were the subject of the original decision, unless otherwise deemed relevant by the review authority.

D.    Decision on Appeal or Call for Review.

1.    As provided in this Zoning Code, the review authority may, based upon findings of fact about the particular case:

a.    Affirm, affirm in part, or reverse in whole or in part the action, determination, or decision that is the subject of the appeal or call for review. Adopted findings shall identify the reasons for the action;

b.    Adopt additional conditions of approval to address issues or concerns raised during the hearing; or

c.    Deny the permit approved by the previous review authority, even where the appellant, if any, only requested a change or elimination of one or more conditions of approval.

2.    If new or different evidence is presented on appeal or review, the Commission or City Council may refer the matter to the previous review authority for further consideration.

3.    In the event of a tie vote by the review authority on an appeal or call for review, the lower decision shall stand. (Ord. 2015-8 § 4 (part), 2015: Ord. 2010-21 § 1 (Exh. A)(part), 2010)

20.64.040 Judicial Review of City Decision.

A person shall not seek judicial review of a City decision on a permit or other matter until all appeals or calls for review, if applicable, to the Commission and City Council have been first exhausted in compliance with this chapter. (Ord. 2015-8 § 4 (part), 2015: Ord. 2010-21 § 1 (Exh. A)(part), 2010)