Chapter 23.74
APPEALS AND CALL-UPS
Sections:
23.74.020 Appeal subjects and appeal authority.
23.74.040 Call-up authority and time limits.
23.74.050 Processing of appeals and call-ups.
23.74.010 Purpose.
Determinations or actions of the chief planner, zoning administrator, site plan review committee, architectural review board, or planning commission may be appealed or called up as provided by this chapter. [Ord. 11-001 § 2, 2011].
23.74.020 Appeal subjects and appeal authority.
Determinations and actions that may be appealed, and the authority to act upon an appeal, shall be as follows:
(a) Staff Determinations. The following determinations and actions of the chief planner and department staff may be appealed to the planning commission and then to the council, except as provided in subsection (a)(5) of this section:
(1) Counter review and determinations, pursuant to PGMC 23.70.020.
(2) Determinations on the meaning or applicability of these regulations that are believed to be in error, and cannot be resolved with staff.
(3) Any determination that a permit application or information submitted with the application is incomplete, in compliance with state law (Government Code Section 65943).
(4) Any enforcement action in compliance with Chapter 23.88 PGMC (Enforcement).
(5) Determinations of the city manager, pursuant to PGMC 23.04.040(a), but such an appeal shall be heard by the council only.
(b) Decisions of Review Authorities. Appeal authorities are identified in Table 23.70.012-1. Generally, decisions of the zoning administrator, site plan review committee, architectural review board, and historic resources committee may be appealed to the planning commission, and decisions of the planning commission may be appealed to the council. When a single project requires two or more permit applications, or where final action on an application is subject to deadlines which cannot reasonably be satisfied if an application is subject to multiple appeals, any appeal of the project shall go to the higher-level appeal authority among those permits. The decision of the council shall be final. [Ord. 20-001 § 2 (Exh. A), 2020; Ord. 11-001 § 2, 2011].
23.74.030 Filing of appeals.
(a) Who May File an Appeal. An appeal may be filed by:
(1) Any person affected by an administrative determination or action by the department, as described in PGMC 23.74.020(a).
(2) In the case of a community development permit or hearing decision described in PGMC 23.74.020(b), by anyone who, in person or through an authorized representative, appeared 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.
(b) Timing and Form of Appeal. All appeals shall be submitted in writing on a city application and shall specifically state the pertinent facts of the case and the basis for the appeal.
(1) Appeals shall be filed in the community development department or, in the case of appeals of planning commission actions, in the office of the city clerk, within 10 days following the final date of the determination or action being appealed; provided, that the time for appeal may be shortened to five days by the decision-maker whose decision is subject to appeal where final action on an application is subject to deadlines that cannot reasonably be satisfied if there is a longer appeal period.
(2) Appeals shall be accompanied by the filing fee set by the city’s adopted schedule of fees, which is available in the community development department and on the city’s website.
(c) Scope of Appeals. An appeal of a decision on a community development permit listed in Table 23.70.012-1 shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not generally known at the time of the decision that is being appealed. [Ord. 20-001 § 2 (Exh. A), 2020; Ord. 11-001 § 2, 2011].
23.74.040 Call-up authority and time limits.
(a) The council may call up for review any action or decision of the planning commission or any other review authority, and make its own decision on the action or matter. The architectural review board and planning commission have the authority to call up certain actions or decisions of any review body for which they are the appeal authority, in accordance with Table 23.70.012-1.
(b) The request to call up any action or decision shall be made during the portion of the regular meeting agenda during which council announcements or general non-agenda comments are allowed by members of that board, commission or council. No separate agenda item shall be required to enable a call-up request.
(c) Notwithstanding any time limits otherwise prescribed in this code for appeal, the call-up authority shall always have until its next regularly scheduled meeting provided it convenes within 21 calendar days following the final date of the determination or action that is subject to the call-up review. If a regular or special meeting is not convened within 21 calendar days following the final date of determination, the right of call-up shall lapse.
(d) In the case of the council, planning commission, or architectural review board, the request of three members shall suffice to call up an action or matter for review. At the time a matter or action is called for review, each member stating a request for review may make a brief statement of reasons for his or her call-up request. [Ord. 16-022 § 2, 2016; Ord. 11-001 § 2, 2011].
23.74.050 Processing of appeals and call-ups.
(a) Scheduling of Hearing. After an appeal or call-up for review has been received, in compliance with PGMC 23.74.030 and 23.74.040, the matter shall be placed on the next available agenda of the appeal authority or body calling up the item.
(b) Notification of Applicant. Within one business day of receipt of an appeal or decision to call up a matter, staff shall attempt to notify the applicant.
(c) Joining an Appeal. Only those persons who file an appeal within the time limit established by PGMC 23.74.030(b) shall be considered appellants. Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with PGMC 23.74.030(b). No person shall be allowed to join an appeal after the expiration of the time limit for appeals.
(d) Action and Findings. The appeal authority shall conduct a de novo public hearing in compliance with Chapter 23.86 PGMC (Public Meeting and Hearing Procedures). At the hearing, the appeal authority may consider any issue involving the matter that is the subject of the appeal or call-up, in addition to the specific grounds identified in the appeal.
(1) The appeal authority may affirm, affirm in part, or reverse the action, decision, or determination that is the subject of the appeal or call-up, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal or call-up, and verify the compliance or non-compliance of the subject of the appeal or call-up with these regulations. Prior to approving a permit or other action, the applicable findings in Chapter 23.70 PGMC (Community Development Permit Review Authorities and Procedures) shall be made.
(2) When reviewing a decision on a community development permit, the appeal authority may adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal or call-up.
(e) Effective Date of Appeal or Call-Up Decisions. A decision by any appeal authority other than the council is effective on the eleventh day after the decision, if no appeal to the decision has been filed, or until the next regularly scheduled meeting, of any body with call-up authority, whichever date is later. Because a decision by the council is final, it is effective as of the date of the decision, unless the council specifies an alternative date.
(f) Appeal Authority Also Refers to Call-Ups. All references to appeal authority in this section shall include the body calling up a matter for review. [Ord. 11-001 § 2, 2011].