Chapter 9.90
APPEALS
Sections:
9.90.030 Filing and processing of appeals.
9.90.040 Appeals to the Commission or Council.
9.90.050 Calls for review by Council.
9.90.060 Effective date of appealed actions.
9.90.010 Purpose of chapter.
The purpose of this chapter is to provide procedures for filing of appeals by any interested person of the determinations or the decisions of the Director or Commission. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.90.020 Appeal of decisions.
Determinations and decisions that may be appealed, and the authority to act on an appeal, shall be as follows, unless otherwise specified in the governing chapter or section:
A. Director. Any determination or decision rendered by the Director may be appealed to the Commission.
B. Commission appeals.
1. Any decision rendered by the Commission may be appealed to the Council.
2. The Commission may appeal any determination or decision rendered by the Director, by an affirmative vote of a majority of its members.
3. Once the vote to appeal is passed by a majority, the matter shall be set for hearing by the Director.
C. Council considerations.
1. The Council may appeal any decision rendered by the Director or the Commission.
2. An affirmative vote of a majority of its members is required to appeal the Director’s decision or the Commission’s decision.
3. Once the vote to appeal is passed by a majority, the matter shall be set for hearing by the City Clerk.
4. The decision of the Council shall be final and shall become effective upon adoption of the resolution by the Council. (§ 2, Ord. 14-13, eff. October 8, 2014; § 7 (Att. G), Ord. 21-06, eff. December 1, 2021)
9.90.030 Filing and processing of appeals.
A. Applications.
1. Appeals shall be in writing on a form obtained from the Department.
2. The appellant shall state the specific reasons for the basis of the appeal.
3. Appeal applications shall include the required fee, in compliance with the City’s Fee Schedule.
B. Department staff or Director. An appeal of a determination or decision of the Director shall be filed in writing with the Department within fifteen (15) working days following the date of the final action for which the appeal is made.
C. Commission. An appeal of a Commission decision shall be filed in writing with the Department within fifteen (15) working days following the date of the final action for which the appeal is made.
D. Last day to file. If the last day to file an appeal falls on a legal holiday recognized by the City or on a Saturday or Sunday, the following business day shall be deemed the last day to file the appeal. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.90.040 Appeals to the Commission or Council.
A. Notice of appeal.
1. Public notice of an appeal to the Commission or Council shall be given in the same manner in which the original notice was given, or as otherwise specified in the governing chapter or section.
2. The appeal hearing date shall be set by the Director (for a Commission hearing) or by the City Clerk (for a Council hearing) and shall be held not less than ten (10) days or more than forty (40) days after the expiration date for the filing of the appeal.
B. Delay of proceedings. The filing of an appeal shall suspend all proceedings associated with the matter subject to the appeal (e.g., issuance of a building or grading permit, etc.), pending the City’s final action on the appeal.
C. Joining an appeal.
1. Only those persons who file an appeal within the fifteen (15) day appeal period in compliance with Section 9.90.030 (Filing and processing of appeals) shall be considered appellants of the matter under appeal.
2. Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section 9.90.030 (Filing and processing of appeals).
3. A person(s) shall not be allowed to join an appeal after expiration of the fifteen (15) day appeal period.
D. Appeal to be treated as a new hearing. The appeal hearing shall be considered a new hearing and the review authority may consider any issue(s) associated with the appeal, in addition to the specific grounds for the appeal.
1. When reviewing an appeal, the review authority may:
a. By resolution, affirm, affirm in part, or reverse the action, the determination, or decision that is the subject of the appeal;
b. Adopt additional conditions of approval deemed reasonable and necessary, and may even address issues or concerns that go beyond the subject of the appeal; or
c. Disapprove the permit or approval granted by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.
2. If new or different evidence is presented on appeal, the Commission or Council may, but shall not be required to, refer the matter to the Director or Commission, as applicable, for further consideration.
E. Adoption of findings.
1. When reviewing an appeal the review authority shall adopt findings in support of the intended action on the appeal.
2. The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., Conditional Use Permits, Chapter 64 of this title; and Variances/Minor Deviations, Chapter 68 of this title, etc.).
F. Mailing of decision. The Director or City Clerk, as applicable to the level of review authority, shall mail a copy of the decision to the appellant and the applicant (if not the appellant), within fifteen (15) days after the date the decision is rendered. (§ 2, Ord. 14-13, eff. October 8, 2014; § 7 (Att. G), Ord. 21-06, eff. December 1, 2021)
9.90.050 Calls for review by Council.
A. Actions by Director or Commission. Some planning, zoning, and development matters, absent an appeal by an interested person, become final upon action by the Director or Commission, in compliance with Table 5-1 (Section 9.50.040, Authority for land use and zoning decisions).
B. Review by policy-makers desired. When these matters involve broad policy, interpretation of City policy, or are of significant community interest, the Council, as the policy-maker for the City, should have the opportunity to review those matters.
C. Council authority to call for review. This section provides the authority of the Council to review planning, zoning, and development matters of broad policy, interpretations of City policies, or significant community interest, by which the Council may call for review of a decision of the Director or Commission.
D. Presumption of policy or significant community interest.
1. In calling for a review of a Director or Commission decision, in compliance with this section, a Councilmember shall not be deemed to have taken a position on the matter.
2. It shall be presumed that the Councilmember has determined that as a matter of policy, or because of a question of interpretation of City policy, or because of a significant community interest, the Council should hear and have the opportunity to consider the matter.
E. Call for review.
1. Any member of the Council may call for a Council review of a Director or Commission decision concerning planning, zoning, or development matters that routinely come before the Director or Commission, in compliance with Table 5-1 (Section 9.50.040, Authority for land use and zoning decisions).
2. A call for review shall be filed by a member of the Council with the City Clerk.
3. No reasons need be stated for the requested review and no fee shall be required.
F. Time limits to call for review. The time within which a Councilmember may call for review of a decision shall be the same time within which an applicant or interested person could have appealed the decision of the Director or Commission to the Council, in compliance with Section 9.90.030 (Filing and processing of appeals).
G. Effect of call for review. The filing of a call for review shall have the same effect as the filing of an appeal by an applicant or interested person in that the Council shall obtain jurisdiction of the matter and the decision of the Director or Commission shall be suspended pending a hearing and decision by the Council, in compliance with Section 9.90.040(B) (Delay of proceedings).
H. Public hearing required.
1. The Council shall hold a public hearing within the same time period in which the Council may hear an appeal of a Director or Commission decision.
2. Notice of the hearing shall be given in the same manner that notice of a hearing upon an appeal by an applicant or interested person would be provided.
I. Conduct of hearings.
1. Hearings shall be conducted in the same manner by which appeals of applicants and interested persons are conducted, in compliance with subsections D (Appeal to be treated as a new hearing) and E (Adoption of findings) of this section.
2. All decisions of the Council shall be issued in the same manner as decisions after an appeal by an applicant or an interested person would be issued, in compliance with subsection F of this section (Mailing of decision).
J. Presumption of impartiality. Under State law, it shall be presumed that:
1. Official duty has been regularly performed and that a public officer will act properly;
2. A Councilmember who files a call for review is impartial and may participate in the hearing on the matter being called for review; and
3. The matter being called for review involves a matter of broad policy, interpretation of City policy, or significant community interest that should be resolved by the Council. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.90.060 Effective date of appealed actions.
A. Director. A determination or decision of the Director appealed to the Commission shall not become final unless and until a decision is made by the Commission.
B. Commission. A decision of the Commission appealed to the Council shall not become final unless and until a decision is made by the Council.
C. Council’s decision is final. The Council’s decision shall be considered final. (§ 2, Ord. 14-13, eff. October 8, 2014)