Chapter 18.27
COMMON PROCEDURES Revised 1/24 Revised 4/24
Sections:
18.27.020 Application forms and fees.
18.27.030 Pre-application review.
18.27.040 Review of applications. Revised 4/24
18.27.050 Environmental review.
18.27.060 Public notice. Revised 4/24
18.27.070 Conduct of public hearings.
18.27.080 Timing and notice of action and findings required. Revised 4/24
18.27.090 Ex parte communications. Revised 4/24
18.27.120 Expiration and extension.
18.27.130 Modification of approved plans.
18.27.140 Revocation of permits.
18.27.150 Appeals. Revised 1/24
18.27.160 Interpretations and determinations.
18.27.010 Purpose.
This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this title, unless superseded by specific requirement of this title or State law. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.020 Application forms and fees.
A. Applicant. The owner of property or the owner’s authorized agent. If the application is made by someone other than the owner or the owner’s agent, proof, satisfactory to the Director, of the right to use and possess the property as applied for, shall accompany the application.
B. Application Forms and Materials.
1. Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.
2. Supporting Materials. The Director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act.
3. Availability of Materials. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.
C. Application Fees.
1. Schedule of Fees. The City Council shall approve by resolution a municipal fee schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.
2. Payment of Fees. No application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.
3. Multiple Applications. The City’s processing fees are cumulative. For example, if an application for design review also includes a conditional use permit, both fees shall be charged.
4. Fee Waiver. No fee shall be required when the applicant is the City, or if it is waived under any other provision of the municipal code.
5. Refund of Fees. Application fees are nonrefundable unless otherwise provided for in the San Carlos Municipal Code or by policy of the City Council. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.030 Pre-application review.
Pre-application review is a review process that is intended to provide information on relevant policies, zoning regulations, and procedures. This review is intended for large or complex projects and projects that are potentially controversial.
A. Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 18.27.040, Review of applications.
B. Review Procedure. The Planning Division shall conduct pre-application review. The Director may consult with or request review by any City agency or official with interest in the application.
C. Recommendations Are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by City representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.040 Review of applications. Revised 4/24
A. Review Process. The Director shall determine whether an application is complete within thirty days of the date the application is filed with the required fee.
B. Incomplete Application. If an application is incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information and any additional fees that are necessary to complete the application.
1. Zoning Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of this title or any permit or other approval granted in compliance with this title, unless the proposed project includes the correction of the violations.
2. Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 18.27.150, Appeals, except there shall be a final written determination on the appeal not later than sixty days after receipt of the appeal. The fact that an appeal is permitted to both the Planning and Transportation Commission and the City Council does not extend the sixty-day period.
3. Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the Director, which must be no sooner than thirty days. The Director may grant one extension of up to ninety days.
4. Expiration of Application. If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.
C. Complete Application. When an application is determined to be complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time.
D. Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.050 Environmental review.
As part of the review to determine whether an application for a development project is complete, the Director shall conduct a preliminary assessment of potential environmental issues. The purpose of this review is to help the City decide if the project is subject to environmental review and, if so, which issues may require analysis. An application subject to environmental review pursuant to the California Environmental Quality Act (CEQA) shall not be considered complete until the applicant has submitted all studies and other documentation the Director has deemed necessary to make an environmental determination together with all required fees. Environmental review shall be conducted pursuant to the State CEQA Guidelines unless otherwise stated in this section.
A. Review for Exemption. If the Director determines that the application is subject to review under CEQA, within thirty days after determining that the application is complete, he shall determine if the project is exempt from environmental review pursuant to State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.
1. If the Director has determined that a project is exempt from environmental review under CEQA, such determination shall be announced in any required public notice. The notice shall include a citation to the State Guidelines section or statute under which it is found to be exempt.
2. Following approval of a project that is exempt from CEQA review, the Director or the applicant may file a notice of exemption with the San Mateo County Clerk. The applicant for a private project shall be responsible for any fees required to file such notice.
3. A determination of exemption by any decision-making authority other than the City Council may be appealed to the City Council in the same manner provided for other appeals in Section 18.27.150, Appeals.
B. Environmental Review Application. If the proposed project is not exempt from environmental review, the applicant shall submit an application for environmental review accompanied by the required fee. After receiving an environmental review application, the Director shall determine whether to require preparation of an environmental impact report (EIR) or negative declaration or mitigated negative declaration. In order to make this determination, the Director shall prepare, with his/her own staff or by contract with a consultant chosen by the City, an initial study at the applicant’s expense. If the Director and project applicant agree that an EIR is necessary, an initial study is not required.
C. Preparation of Initial Study. The initial study shall consider all phases of project planning, implementation, and operation and may rely upon expert opinion supported by facts, including documentation submitted by the applicant, technical studies, or other substantial evidence to document its findings regarding the project’s potential impacts. Following completion of the initial study, the Director shall notify the applicant in writing of changes to the project that staff has deemed necessary to reduce or avoid the significant effects identified in the initial study. Within thirty days following the date of the letter, the applicant shall provide written notification to the Director indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared.
D. Determination of Environmental Significance. Based on the initial study, the Director will make one of the following findings:
1. The project will have no significant impacts on the environment, and a negative declaration will be prepared;
2. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a mitigated negative declaration will be prepared; or
3. The proposed project will have, or may have, significant impact(s) and an EIR will be required.
E. Public Notice of Environmental Determination. If the Director has determined that the proposed project will not have a significant effect on the environment, the Director, at the applicant’s expense, shall prepare a negative declaration for public review. If the applicant has agreed to incorporate mitigation measures in order to reduce environmental impacts to a point of insignificance, the Director shall prepare a mitigated negative declaration for public review. The Director shall provide public notice of the proposed environmental determination for a period of at least twenty days at the same time and in the same manner required for the underlying permit in accordance with this chapter.
F. Preparation of a Draft EIR. If it is determined that an EIR is required, the Director shall prepare, distribute, and post a notice of intent to prepare an EIR. The purpose of this notice is to inform interested parties that an EIR is being prepared, and to seek guidance about significant environmental issues and mitigation measures that should be explored. The applicant or any aggrieved party who believes that a negative declaration, rather than an EIR, should be prepared for the proposed project may appeal to the City Council within ten days after the notice has been posted. The City Council’s decision shall be final. The City will prepare the draft EIR with its own staff or by contract with a consultant chosen by the City. The applicant shall pay the cost of preparing an EIR and reasonable costs for administering the work of outside consultants.
G. Public Review of Draft EIR. Following completion of a draft EIR, the Director shall prepare and post a notice of completion initiating a minimum thirty-day public review period or forty-five days if the project is subject to review by a State agency. The Director shall mail a notice of the availability of a draft EIR to those requesting such notice in writing, to local and regional agencies, and interested Federal agencies. The City shall make copies of the draft EIR available for public review at the Planning Division office during regular office hours and at the San Carlos Public Library.
H. Final EIR. After the public review period has expired, the City or its consultant will prepare a final EIR for certification by the decision-making bodies responsible for action on the project. The final EIR will consist of the draft EIR, all of the comments received, a list of persons, organizations and public agencies commenting on the draft EIR, and a response from the City on significant environmental issues raised in the draft EIR and comments.
I. Responsibility for Action on Environmental Document. Any City official or body responsible for taking action on a project for which a negative or mitigated negative declaration or EIR has been prepared shall use the environmental assessment to make its decision on the development proposal. If the project is approved, the decision-maker shall impose conditions to mitigate any adverse environmental impacts. The decision-maker responsible for action on an application for a development permit shall approve the negative declaration or mitigated negative declaration or certify the final EIR prior to the time the project is considered for approval. The decision-maker may decline to approve or certify the environmental document and request further review or analysis if, in its judgment, approval of the negative declaration or mitigated negative declaration or certification of the final EIR would not comply with the requirements of CEQA and applicable State and local environmental review requirements. Approval of a negative declaration or mitigated negative declaration or certification of a final EIR shall be deemed to be a finding that the document has been prepared in compliance with CEQA and State and local CEQA guidelines and not an approval of a project.
J. Mitigation Monitoring and Reporting Program. The City shall approve a mitigation monitoring and reporting program (MMRP) for all projects that it approves with a mitigated negative declaration or a final EIR. The purpose of the MMRP is to ensure that the project applicant complies with all of the provisions or changes identified as mitigation measures during implementation of the project.
1. Submittal and Approval. The MMRP shall be prepared and considered as part of a mitigated negative declaration or EIR.
2. Enforcement. Failure to comply with the conditions and requirements of an approved MMRP shall be considered a violation of the conditions of approval of a project, subject to enforcement under this title.
3. Amendment of Mitigation Program Not Permitted Following Adoption. Unless specifically authorized or required by the conditions of project approval, neither CEQA nor this title authorize the City to modify or add mitigation measures if the MMRP shows that the mitigation measures have not achieved the desired result.
K. Appeals. Notwithstanding other provisions of this title, the applicant or any aggrieved person may appeal the following environmental determinations directly to City Council in the manner described in Section 18.27.150, Appeals, unless the City Council is the approving authority for the project:
1. Determination that a project is or is not subject to environmental review.
2. Determination that a project is exempt from environmental review.
3. Approval of a negative declaration or mitigated negative declaration.
4. Certification of a final EIR. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.060 Public notice. Revised 4/24
Unless otherwise specified, whenever the provisions of this title require public notice, the City shall provide notice in compliance with State law as follows:
A. Mailed Notice. At least ten days before the date of the public hearing, the Director, or the City Clerk for hearings before the City Council, shall provide notice by first-class mail delivery to:
1. The applicant, the owner, and any occupant of the subject property;
2. All property owners of record within a minimum three-hundred-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director in order to provide adequate public notification;
3. All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and
4. Any person or group who has filed a written request for notice regarding the specific application.
B. Posted Notice. Notices shall be posted at three public places within the City of San Carlos. In addition, the applicant shall erect a temporary sign or post a poster, in a format approved by the Planning Division, in a prominent place on the site for the ten days prior to the hearing.
C. Newspaper Notice. At least ten days before the date of the public hearing the Director, or the City Clerk for hearings before the City Council, shall publish a notice in at least one newspaper of general circulation in the City.
D. Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the Director or City Clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City at least ten days prior to the hearing.
E. Contents of Notice. The notice shall include the following information:
1. The location of the real property, if any, that is the subject of the application;
2. A general description of the proposed project or action;
3. The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;
4. The identity of the hearing body or officer;
5. The names of the applicant and the owner of the property that is the subject of the application;
6. The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;
7. A statement that any interested person or authorized agent may appear and be heard;
8. A statement describing how to submit written comments; and
9. For Council hearings, the Planning and Transportation Commission recommendation.
F. Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1443 § 4 (Exh. A (part)), 2012; Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.070 Conduct of public hearings.
Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows:
A. Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.
B. Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.
C. Presentation. An applicant or an applicant’s representative may make a presentation of a proposed project.
D. Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.
E. Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.
F. Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place or may continue the item to an undetermined date and provide notice of the continued hearing.
G. Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.
H. Decision. The public hearing must be closed before a vote is taken. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.080 Timing and notice of action and findings required. Revised 4/24
When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this title, the responsible authority shall issue a notice of action and make findings of fact as required by this title.
A. Date of Action. The responsible authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Section 18.27.150, Appeals. Time extensions may be granted pursuant to Section 18.27.120, Expiration and extension.
1. Project Exempt from Environmental Review. Within thirty days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per State CEQA requirements.
2. Project for Which a Negative Declaration or Mitigated Negative Declaration Is Prepared. Within sixty days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the City shall take action on the accompanying discretionary project.
3. Project for Which an EIR Is Prepared. Within one hundred eighty days from the date the decision-making authority certifies a final EIR, the City shall take action on the accompanying discretionary project.
B. Notice of Action. After the Director or Planning and Transportation Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the Director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The Director shall file the notice with the City Clerk and mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division.
C. Findings. Findings, when required by State law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.090 Ex parte communications. Revised 4/24
A. Disclosure of Communications. Any official who receives an ex parte communication, or engages in any other exchange of information covered by this section or who participates in a site visit shall place the communication in the public record or shall enter into the record a statement describing the time, place, and content of the communication.
B. Applicability. Ex parte communications are oral or written off-the-record communications made to or by members of the Commission or Council with applicants, neighbors, or other interested parties. Such contacts include, but are not limited to, one-on-one meetings, site visits, discussions, telephone calls, or email messages that occur outside of a public meeting of the body on which the City official serves at which the matter discussed has been publicly noticed. The provisions of this section also apply to meetings between ad hoc committees including less than a majority of the body’s total membership that the Planning and Transportation Commission or the City Council may establish to meet with applicants and/or surrounding property owners on a particular application.
C. Exceptions. Ex parte communications do not include communications between City staff and elected or appointed City officials acting in their official capacity, the receipt of expert opinion, or the review of mail and other correspondence relating to the proceedings.
D. Effect. Actions taken by the decision-making body are not invalidated by the occurrence of ex parte communication. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.100 Scope of approvals.
A. Scope. Any approval permits only those uses and activities actually proposed in the application, and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.
B. Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties or insures that he will comply with the permit’s plans and conditions in all respects.
C. Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this title or require additional permits, then the approval shall be deemed null and void.
D. Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.110 Effective dates.
A final decision on an application for any discretionary approval subject to appeal shall become effective after the expiration of the ten-day appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the eleventh day following the date of the action. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the ten-day period may be waived. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.120 Expiration and extension.
A. Expiration. The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire if it is not exercised or extended within one year of its issuance.
B. Exercise of Use Permit. A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site.
C. Exercise of Building Permit. A permit for the construction of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
D. Extensions. The Zoning Administrator may approve a two-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within one year of the date of the approval. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.130 Modification of approved plans.
No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this title. For the purpose of this section, the modification of a permit may include modification of a design review approval.
A. Minor Modifications. The Zoning Administrator may approve minor changes to approved plans that are consistent with the original findings and conditions approved by the hearing body and would not intensify any potentially detrimental effects of the project.
B. Major Modifications. A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that the Zoning Administrator may approve changes that he determines to be minor. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.140 Revocation of permits.
Any permit granted under this title may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.
A. Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning and Transportation Commission, Director, or Zoning Administrator.
B. Public Notice, Hearings and Action.
1. Planning and Transportation Commission. After conducting a duly-noticed public hearing, the Planning and Transportation Commission shall make a recommendation on the proposed revocation within thirty days.
2. City Council. Within forty-five days after receipt of the recommendation of the Planning and Transportation Commission, the City Council shall conduct a duly-noticed public hearing and act on the proposed revocation.
C. Required Findings. The Planning and Transportation Commission may recommend and the City Council may revoke or modify the permit if it makes any of the following findings:
1. The approval was obtained by means of fraud or misrepresentation of a material fact;
2. The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;
3. The use in question has ceased to exist or has been suspended for one year or more;
4. There is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this title, or any applicable law or regulation; or
5. The use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.
D. Notice of Action. Following City Council action to revoke or modify a permit, the City Clerk shall within seven days issue a notice of action describing the Council’s action, with its findings. The City Clerk shall mail notice to the permit holder and to any person who requested the revocation proceeding. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.150 Appeals. Revised 1/24
A. Applicability. Any action by the Zoning Administrator, Director, or Planning and Transportation Commission in the administration or enforcement of the provisions of this title may be appealed in accordance with this section.
1. Appeals of Zoning Administrator Decisions. Decisions of the Zoning Administrator may be appealed to the Planning and Transportation Commission by filing a written appeal with the Planning Division.
2. Appeals of Director Decisions. Decisions of the Director may be appealed to the Planning and Transportation Commission by filing a written appeal with the Planning Division.
3. Appeals of Planning and Transportation Commission Decisions. Decisions of the Planning and Transportation Commission may be appealed to the City Council by filing a written appeal with the City Clerk.
B. Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this title.
C. Time Limits. Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within ten (10) days of the date of the action, decision, motion, or resolution from which the action is taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
D. Procedures.
1. Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.
2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
3. Transmission of Record. The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body within forty-five (45) days of the date the appeal is filed. The Director shall forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body. The Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.
E. Calls for Review. A majority of the City Council may call for review of a decision of the Director, Zoning Administrator, or Planning and Transportation Commission within the ten (10) day appeal period. The call for review shall be processed in the same manner as an appeal by any other person. Such action shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal.
F. Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.
G. Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to this chapter. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning and Transportation Commission decision, notice of such appeal shall also be given to the Planning and Transportation Commission. The Planning and Transportation Commission may be represented at the hearing.
H. Action. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal. (Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)
18.27.160 Interpretations and determinations.
Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 18.27.150, Appeals. (Ord. 1438 § 4 (Exh. A (part)), 2011)