§ 17.72.070. Processing and Action on Appeals or Calls for Review

A.

Notice and public hearing. An appeal or a call for review hearing shall be a public hearing if the original decision required a public hearing. Notice of the public hearing shall be the same as the original decision, in compliance with Chapter 17.76 (Public Hearings).

B.

Action on appeals or calls for review.  

1.

Scope of review and decision. When reviewing an appeal or a call for review, the review authority may:

a.

Consider any issues associated with the decision being appealed or called for review, in addition to the specific grounds for the appeal or call for review;

b.

Reverse, modify, or affirm, in whole or in part, the determination, decision, or action that is the subject of the appeal or call for review; and

c.

Adopt additional conditions of approval that were not considered or imposed by the original applicable review authority, deemed reasonable and necessary.

2.

Consideration of submitted application, plans, and materials.  

a.

At the hearing, the review authority shall consider the same application, plans, and materials submitted by the applicant for the original decision.

b.

If the applicant submits new plans and materials that differ substantially, as determined by the Zoning Administrator, from the materials submitted for the original decision, the hearing shall be terminated and the applicant shall file a new application.

c.

Changes to the original submittal to address objections of the review authority need not be the subject of a new application.

d.

Revised materials shall be submitted at least 14 days before the public hearing on the application. However, the Zoning Administrator may choose to accept minor revised materials after that time, upon determining that there is sufficient time to review the materials before the hearing date. In addition, the review authority may continue an application until the next available meeting date in order to adequately evaluate the revised materials.

3.

New evidence. If new or different evidence is presented during the hearing, the applicable review authority (e.g., Board of Zoning Appeals, Design Commission, Historic Preservation Commission, or Council) may refer the matter back to the Director, Zoning Administrator, Hearing Officer, Environmental Administrator, Design Commission, or Historic Preservation Commission, as applicable, for a report on the new or different evidence before a final decision on the appeal.

4.

Findings. When reviewing an appeal or a call for review, the review authority shall adopt findings in support of the intended action on the application. The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., Adjustment Permits — Section 17.61.070, Conditional Use Permits — Section 17.61.050, and Variances — Section 17.61.080, etc.).

5.

Failure to act. If the review authority fails to act upon an appeal or a call for review, the decision from which the appeal or call for review was taken shall be deemed affirmed, except that there must be an affirmative vote to approve or certify any action taken pursuant to the California Environmental Quality Act. A failure to affirmatively approve or certify any CEQA action shall be deemed a denial thereof. A failure to act, and any action taken pursuant to CEQA, shall be considered a decision and may be called for review or appealed.

6.

Effect of appeal or call for review. A decision on an appeal or a call for review vacates (i.e., voids) the previous decision from which the decision was taken, except as otherwise identified in Paragraph 5 (Failure to act), above.

7.

Effective date. A decision regarding an appeal or a call for review shall become effective in compliance with Section 17.64.020 (Effective Dates).

(Ord. 7099 § 53 (Exh. 27), 2007; Ord. No. 7250, § 9, 11-17-2014)