Appeals of Commission Actions (heard by the legislative body)

Applicability: Planning Commission approval or denial of any plan certain development plan or amendment to any plan certain development plan (including an amendment to a binding element of the plan) may be reviewed by the legislative body having zoning authority over the property in question – if the legislative body determines that such a review is warranted. Any such review may be, but is not required to be, conducted as a public hearing.

1.  The owner(s) of the subject property or any aggrieved party may request a review by the legislative body by submitting a written letter to the appropriate legislative body stating the reason(s) why such a review is warranted. The legislative body with zoning authority over the subject site may initiate the review on its own by resolution. The letter needs to be filed with the appropriate legislative body or resolution adopted within 30 calendar days of the date the Planning Commission made the decision that is being appealed. The legislative body will forward a copy of the letter or resolution to the owner of the subject property, if the owner is not the applicant. A copy of the letter or resolution will also be forwarded to the Planning Commission.


2.  Once the legislative body receives the letter, it will then determine whether a review of the Planning Commission’s action is warranted. It has 30 days to make this decision once it receives the letter. If the legislative body fails to make a decision within 30 days, this signifies that the review was deemed unnecessary and no further review by the legislative body may occur.


3.  If the legislative body determines that a review is warranted, it will notify the Planning Commission, all parties of record to any Planning Commission or Committee hearing or meeting previously held regarding the subject plan, and all first and second tier adjoining property owners and registered neighborhood groups in writing of the date, time, and place that the review will be conducted. This letter will also note the right of the public to inspect the subject plans in the Planning & Design Services office. Lastly, if a public hearing will be held, the letter will note the right of the public to comment at the hearing.


4.  If the legislative body decides to conduct a public hearing on the development plan, it will include a presentation by a staff member of the Planning Commission stating the reason(s) for action. In addition, any applicant for review of the Planning Commission’s action pertaining to the plan should state why he/she believes the Planning Commission’s action was not justified. The legislative body may hear any other such witnesses and review any other evidence at the hearing it deems appropriate.


5.  If a public hearing is not held by the legislative body, the legislative body shall confine its review to the information that was presented to the Planning Commission or Committee.


6.  The legislative body is required to complete its review within 90 days after it adopts the resolution granting the review. It may uphold, modify, or overturn the Planning Commission’s decision, and may place conditions or binding elements on the plan. Alternatively, the legislative body may return the matter to the Planning Commission for further review. All resolutions and ordinances adopted by the legislative body on the matter will be forwarded by the legislative body to the Planning Commission.