Chapter 17.84
APPEALS

Sections:

17.84.010    Purpose.

17.84.020    Appeal subjects and jurisdiction.

17.84.030    Filing of appeals.

17.84.040    Processing of appeals.

17.84.050    Directed referral.

17.84.010 Purpose.

This chapter establishes procedures for the appeal and review of determinations and decisions of the director or commission. (Ord. 885 § 2 Exh. A (part), 2019: Ord. 766 § 2 Exh. A (part), 2004).

17.84.020 Appeal subjects and jurisdiction.

A. Director Decision. A determination or decision by the director or department staff may be appealed to the commission.

B. Director Decision on Design Review. A decision of the director in relation to the design review process may be appealed to the commission. See Section 17.62.040 (Design review).

C. Commission Decision. A decision by the commission may be appealed to the council. (Ord. 885 § 2 Exh. A (part), 2019: Ord. 766 § 2 Exh. A (part), 2004).

17.84.030 Filing of appeals.

A. Eligibility. An appeal may be filed by:

1. Any person affected by an administrative determination or action by the director, as described in Section 17.84.020(A);

2. In the case of a planning permit and/or hearing decision described in Section 17.84.020, by anyone who, in person or through a representative, presented testimony 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 or determination.

B. Timing and Form of Appeal. Appeals shall be filed with the director, on a city application form, within ten calendar days after the date of the decision or action being appealed. The appeal shall include the required filing fee. The written appeal shall specifically state the pertinent facts of the case and the basis for the appeal.

C. Scope of Planning Permit Appeals. An appeal of a decision by the director or commission 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. Action Being Appealed Suspended. Pending a decision on an appeal in compliance with this land use code, all rights emanating from the permit, license, or other entitlement that is the subject of the appeal, and all relevant time periods, shall be suspended.

E. Multiple Actions. In the event an appeal is filed regarding a decision on one of multiple permits or city approvals concurrently granted for a single project (for example, the approval of a use permit is appealed on a project for which a negative declaration was approved at the same time), all concurrently granted city permits and approvals for the project shall be automatically appealed, and shall be considered and acted upon in compliance with this chapter. (Ord. 885 § 2 Exh. A (part), 2019: Ord. 766 § 2 Exh. A (part), 2004).

17.84.040 Processing of appeals.

A. Scheduling of Hearing. After an appeal has been received in compliance with Section 17.84.030, the director shall schedule the matter for a commission agenda, or the city clerk shall schedule the matter for a council agenda, as applicable to the appeal.

B. Report. After the appeal hearing has been scheduled, the director shall prepare a report on the matter, and forward the report to the appropriate appeal body.

C. Joining an Appeal. Only persons who file an appeal within the ten-day appeal period in compliance with Section 17.84.030 shall be considered appellants of the matter under appeal.

1. Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section 17.84.030.

2. No person shall be allowed to join an appeal after the end of the ten-day appeal period.

D. Withdrawal of Appeal. Once filed, an appellant may withdraw an appeal only within the ten-day appeal period established by Section 17.84.030(B).

E. Findings and Decision.

1. General Procedure. The appeal body shall conduct a public hearing in compliance with Chapter 17.88 (Public Hearings).

a. Scope of Review. When reviewing an appeal the review authority may consider any issue associated with the project for which a decision is 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. New Evidence. If new or different evidence is presented during the appeal hearing, the commission or council may refer the matter back to the director or commission, as applicable, for a report on the new or different evidence prior to a final decision on the appeal.

c. Decision. After a public hearing, the appeal body may:

i. Approve, modify, or disapprove the action appealed from, either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal; and

ii. Adopt additional conditions of approval deemed reasonable and necessary; or

iii. Disapprove the planning permit approved by the previous review authority, even if the appeal only requested modification or elimination of one or more conditions of approval.

2. Appeals to the Council. A decision by the commission may be appealed to the council as provided by Section 17.84.030 (Filing of appeals).

a. Authority of Council. The council shall have the authority to approve, modify, or disapprove the action appealed from, either in whole or in part, based on the record on appeal and the evidence received at the hearing on the appeal. The lack of an affirmative majority vote on the appeal, or a tie vote, shall constitute denial of the project appealed.

b. Referral. The council may refer any appeal to the commission for a report and recommendation, or for further proceedings. In this event, if the commission changes its decision, and the appeal is thereafter returned to the council, the appeal shall be deemed to be from the decision of the commission as modified.

c. Finality of Decision. The findings, decision, and action of the council on an appeal shall be final.

3. Simultaneous Appeal and Directed Referral. When an action is both appealed and a directed referral is called (Section 17.84.050), both the appeal and the directed referral shall be heard by the council.

F. Effective Date of Appeal Decision. A decision by the commission on an appeal is effective on the eleventh day after the decision, when no appeal to the decision has been filed with the council. A decision by the council is effective as of the date of the decision. (Ord. 885 § 2 Exh. A (part), 2019: Ord. 766 § 2 Exh. A (part), 2004).

17.84.050 Directed referral.

A. Purpose. This section provides a process for an individual council member to initiate a directed referral on an application where action has been taken and is normally final at a lower level of authority, and to have the matter heard by the commission or council, as determined by the council.

B. Grounds for Directed Referral.

1. If the council refers an action to the commission, the grounds for the directed referral shall be that the individual council member believes the matter should be determined by the commission.

2. If the council refers an action to itself, the grounds for the directed referral shall be that the individual council member believes the matter should be determined by the council.

C. Procedure for Directed Referral. The individual council member shall prepare and sign a written directive that specifies:

1. Whether the action will be referred to the commission or the council;

2. If the action will be referred to the commission, whether the commission’s decision shall automatically proceed to the council for review; and

3. Whether the directed referral is being initiated on the grounds specified in subsection (B)(1) or (B)(2) of this section. No other grounds or reasons for the directed referral shall be stated.

D. Time Limit. A directed referral shall be filed with the city manager within the time limit for appeals provided by Section 17.84.030(B) or, in the case of a decision for which no time limit for appeal is specified, within ten calendar days of the action being referred.

E. Action by Review Authority. Any matter brought before the review authority designated by the council as a directed referral shall be considered at a noticed public hearing.

1. All alternatives available to the review authority which considered the original application are also available to the review authority for the directed referral, which may approve, modify, approve with conditions, or disapprove the item.

2. When considering a directed referral, the review authority may consider any issue associated with the decision being referred, in addition to the specific grounds for the referral.

F. Participation by Initiator of Directed Referral. The council member who initiated a directed referral process shall have full participation rights in the hearing, unless actual bias or prejudice is otherwise shown. (Ord. 885 § 2 Exh. A (part), 2019: Ord. 766 § 2 Exh. A (part), 2004).