16.78.020 Appeal of Action.
Decisions, determinations and actions (hereinafter referred to as "actions") by the director and the planning commission that may be appealed, and the authority to act on an appeal shall be as follows:
   A.   Appeal of Director Decisions.
      1.   Notwithstanding other provisions of this code, any person may appeal those actions rendered by the director for which the applicable code section expressly provides for the right to appeal as shown in Table 4-3.
      2.   Except for impact fee reductions, appeals of the director's actions shall be heard by the planning commission, unless otherwise stated.
      3.   An individual city councilmember or planning commissioner may appeal any action rendered by the director pursuant to the procedures set forth in this chapter.
      4.   An individual city councilmember or planning commissioner may file up to three (3) appeals total in a year with no fee required. For this purpose, a year is defined as beginning on December 1 and ending on November 30. Additional appeals by an individual city councilmember or planning commissioner shall be accompanied by the applicable fee.
TABLE 4-3
DIRECTOR ACTIONS SUBJECT TO APPEAL
ACTION TYPE
APPEAL REFERENCE CODE SECTION
TABLE 4-3
DIRECTOR ACTIONS SUBJECT TO APPEAL
ACTION TYPE
APPEAL REFERENCE CODE SECTION
Code Interpretations
Development Plan Permits (administrative) and (Director's Review and Processing)
16.56.025A and B
Home Occupation Permits
Impact Fee Reduction
Minor Conditional Use Permits
Minor Variances
Residential Tentative Parcel Maps
Revised Permits
Temporary Use Permits
Time Extensions
 
   B.   Appeal of Planning Commission Decisions.
      1.   Any person may appeal any final action rendered by the planning commission to the city council, pursuant to the procedure set forth in this chapter.
      2.   An individual city councilmember may appeal any action rendered by the planning commission pursuant to the procedure set forth in this chapter.
      3.   An individual city councilmember may file up to three (3) appeals total in a year with no fee required. For this purpose, a year is defined as beginning on December 1 and ending on November 30. Additional appeals by an individual city councilmember shall be accompanied by the applicable fee.
   C.   Appeal of Environmental Decision. Any person, in connection with any entitlement, permit or administrative decision authorized under the development code (Title 16), may appeal to the city council, pursuant to the procedures and requirements set forth in this chapter, the determination of a non-elected, decision-making body of the city to certify an environmental impact report, approve a negative declaration or mitigated negative declaration, or determination that a project is not subject to Public Resources Code section 21080 et seq. (California Environmental Quality Act) if the project is not otherwise subject to further administrative review.
(Ord. 544 § 40, 2019; Ord. 430-10 § 12, 2010; Ord. 348 § 2, 2006; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)