REPORT TO PLANNING COMMISSION
SUBJECT
Title
Introduce an Ordinance to Amend Title 19 (Zoning) Regarding the Appeal Process for Land Use Projects (Study Issue, CDD 14-15); Repeal Council Policy 1.1.4 on Appeals; and make a Finding that the Proposed Project is Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15061(b)(3)
(Planning File: 2014-7434)
Staff Contact: Rosemarie Zulueta, (408) 730-7437, rzulueta@sunnyvale.ca.gov
Report
BACKGROUND
The City Council sponsored and ranked study issue CDD 14-15 to examine the current regulations and procedures regarding appeals of decisions on planning applications (Attachment 1). The goal of this study is to consider and clarify the regulations and procedures concerning how appeals are made and processed.
The current zoning code (Title 19 of the Sunnyvale Municipal Code) prescribes several different appellate procedures, depending on the type of application or entitlement being sought (Attachment 2). For most discretionary permits, the zoning code allows any aggrieved person, including members of the Planning Commission or City Council, to appeal a decision to a higher decision-making body. Councilmembers and Commissioners who wish to appeal a decision are required to file an appeal in substantially the same manner as a member of the public; the appeal must be filed within 15 days of the decision date, and the request must be in writing stating the grounds for the appeal (appeal letter). By practice, City officials are not required to pay a fee when they file an appeal; however, the current zoning code does not address this issue. Similarly, the zoning code does not address the scope of appeals, procedures for hearing appeals, or whether appellants can withdraw appeals. This lack of clarity in the code has led to confusion and some inconsistencies in practice over the years. Additionally, the requirement for Councilmembers and Planning Commissioners ...
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