§ 18.144.040 — Calls for Review

A. Planning Commission or Council Review. 1. Planning Commission. The Planning Commission may call for a review of any determination or decision rendered by the Director or Department Staff. 2. Council. The Council may call for a review of any determination or decision rendered by the Planning Commission, Director, or Department Staff. 3. Majority Vote Required. A Call for Review may only commence by the affirmative vote of the majority of the entire membership of the Review Authority. B. Process for Calling for a Review. 1. Initiation by Planning Commissioners. One or more Planning Commissioners may initiate a Call for Review of a Director’s determination or decision by filing a written request with the Department before the effective date of the action, which unless otherwise specified by this Zoning Code, means within seven days following the date of the determination or decision. 2. Initiation by Council Members. a. One or more Council members may initiate a Call for Review of a Planning Commission’s or Director’s determination or decision by filing a written request with the City Clerk before the effective date of the action, which unless otherwise specified by this Zoning Code, means within seven days following the date of the determination or decision. b. The Council may call for the review of a Director’s determination or decision directly, or may direct the Planning Commission to first consider the matter and provide a written recommendation to the Council. 3. Consideration of Call for Review. The Planning Commission or Council, as applicable, shall consider the Call for Review at its next regularly scheduled meeting. This action need not be noticed as a public hearing. 4. Requests for Verbatim Transcript. If by its action the Planning Commission or Council requests a verbatim transcript of the prior hearing, a copy shall be made available for inspection by any interested party. No fees shall be required for the transcript. 5. Vote by Review Authority. If the Planning Commission or Council, as applicable, votes to grant the review of the determination or decision, a subsequent review hearing shall be scheduled to consider the merits of the review. 6. Notice to Applicant. If the Review Authority is reviewing the decision of a discretionary application, the applicant shall be informed of the aspects of the application and the determination or decision that the Review Authority will consider. 7. Effect of Call for Review. a. A request for a Call for Review by a member of a Review Authority shall stay the effective date of a determination or decision until the Review Authority can make a decision on whether to grant the Call for Review request. b. The timely filing of a Call for Review does not extend the time in which an appeal of a determination or decision shall be filed. The normal appeal period shall continue to run in compliance with Subsection 18.144.030 B. (Timing and Form of Appeal), above. c. If the Review Authority decides to grant the Call for Review of the subject determination or decision, then the previous determination or decision shall continue to be stayed until such time as the Review Authority issues a decision on the merits. d. If the Review Authority decides to not grant the Call for Review of the subject determination or decision, then the determination or decision shall become final when the Review Authority declines the request, unless the appeal period has not expired. 8. Filing of an Appeal Pending a Call for Review. a. Right to File an Appeal. Any person may file a timely appeal in compliance with this Chapter even though a Call for Review has been filed in compliance with this Section. b. Effect of Filing an Appeal. The filing of the appeal shall serve to protect the rights of the appellant(s) in the event the Call for Review is subsequently withdrawn or rejected. 9. Withdrawal or Failure of a Call for Review. If a request for a Call for Review is withdrawn after filing, or is rejected, the remaining days of the Call for Review period shall start from the date on which the Call for Review is withdrawn or is rejected. 10. Notice and Public Hearing. a. A Call for Review hearing on the merits shall be a public hearing if the original determination or decision required a public hearing. No public hearing is required for the initial decision on whether to grant a Call for Review. b. If a public hearing is required under Subparagraph a., notice of the public hearing shall be the same as the original determination or decision, in compliance with Chapter 18.146 (Public Notices and Hearings). c. The public hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings). 11. Fees Not Required. Fees shall not be required in conjunction with the filing of a Call for Review. 12. Required Votes. The final action calling for review of a determination or decision shall require an affirmative vote of the majority of the entire membership of the Review Authority. C. Concurrent Planning Commission Recommendations. When the Planning Commission makes a recommendation to the Council on a legislative matter (e.g., General Plan amendment, specific plan or amendment, Zoning Code amendment, or Zoning Map amendment), any concurrent companion decision(s) by the Planning Commission on an approval, permit, or Variance, or other non-legislative land use permit application concerning, in whole or in part, the same property shall automatically be deemed to be timely called up for review by the Council.