Planning & Zoning Appeal Form
Fee: $550.00 (non-refundable)
Planning & Zoning Code: Section 20.100.080 - Appeals (see below)
20.100.080 Appeals
A. Purpose. This subsection establishes general provisions for appeals and a hierarchy of appeals, consistent with the decision-making process, for permit applications.
B. Authorization for Appeal. To avoid results inconsistent with the purposes of this Chapter, administrative decisions of the Planning staff may be appealed to the Planning and Zoning Commission, and decisions of the Planning and Zoning Commission may be appealed to the City Council. Appeals on specific types of actions are established in Table 12. 20.100.080, below.
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Table 12. 20.100.080 Appeals Procedures.
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Type of Decision |
First Appeal |
Second Appeal |
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Administrative Actions and Permits |
Planning & Zoning Commission |
City Council |
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Conditional Use Permit
(nonadministrative) |
City Council |
Judicial Review |
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Variance |
City Council |
Judicial Review |
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Design Review
(nonadministrative) |
City Council |
Judicial Review
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Amend Text or Map |
Judicial Review |
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C. Rights of Appeal.
1. Administrative Actions Appealable. Any person aggrieved by a decision to grant or deny a permit or action taken by the Planning staff or any other City Official under the provisions of this Chapter, or any person aggrieved by an administrative determination or interpretation made in conjunction with a decision to grant, deny, or comply with a determination made pursuant to a provision of this Chapter, may appeal such action to the Planning and Zoning Commission.
2. Planning and Zoning Commission Action Appealable.
a. Any person aggrieved by a decision to grant or deny a permit or action taken by the Planning and Zoning Commission under the provisions of this Chapter may appeal such action to the City Council. Notice of Appeal should clearly and concisely set forth the grounds upon which the appeal is based, and be accompanied by the appropriate fee.
b. City Council members: A member of the City Council may call up any action of the Planning and Zoning Commission for review one time per calendar year without being considered an aggrieved person. If a Council member requests review, there should be a presumption applied that the reason for the review is that the action has significant and material effects on the quality of life within the City of Albany. No inference of bias shall be made or implied due to such a request for review being filed by a Council member. The appeal fees shall be waived to a maximum of one request for review per council member, per calendar year.
D. Time Limit and Initiation of Appeals. In order to initiate an appeals process, the person(s) who wish(es) to file an appeal must complete and submit a Notice of Appeal form within fourteen (14) calendar days following the date of the action or determination being appealed and pay the appropriate fee, except Council members who are entitled to a fee waiver as per subsection 20.100.080.C.2.b. The appeal shall be filed with the staff/clerk of the appropriate appellate body.
1. Grounds for Appeal. The application shall state the specific grounds for the appeal. These may include:
a. A description of the asserted error or abuse of discretion by the body whose decision is being appealed.
b. A description of how it is claimed a standard or review criteria was incorrectly applied;
c. A description of how the decision is not supported by the evidence in the record; or
d. A description of how the decision creates an inconsistency with the Albany General Plan or the Albany Municipal Code.
2. Limitations on Initiation. Any action or inaction of the Planning and Zoning Commission on an appeal may be appealed to the City Council. Any action or inaction of the City Council on an appeal shall be final.
E. Procedures: Approval of appeals shall be subject to the applicable common procedures in this Planning and Zoning chapter. In addition, the following provisions shall be applied:
1. Scheduling an Appeal Hearing. A matter being appealed shall be scheduled within thirty (30) days following the filing date of the appeal. Notice shall be provided in the same manner as required when the matter was originally scheduled for hearing or as otherwise required by law. The appeal hearing shall be heard where feasible within sixty (60) days following the filing date of the appeal.
2. Procedural Requirements for the Appeal Hearings. At the appeal hearing, the applicant and the appellant shall have an opportunity to comment on the application, the information in the record, the action, and the appeal.
3. Action on Appeals. In reviewing an appeal, the Planning and Zoning Commission or the City Council shall act in accordance with the following provisions:
a. Allowable Actions: The Commission or the Council shall either affirm, affirm with modifications, reverse the action being appealed, or make such other decisions or determinations or impose such other conditions as are appropriate, including returning the matter to the original decision making body or person.
b. No Action: The power to make a decision shall also include the power to take no action. Inaction shall be interpreted as an affirmation of the previously rendered decision. A tie vote shall mean that no action is taken and shall result in the affirmation of the previously rendered decision.
F. Standards. When reviewing any decision of the Planning and Zoning Commission on appeal, the City Council shall use the same standards for decision making and is required to make findings in accordance with the Municipal Code. The Council may adopt the Planning and Zoning Commission's decision and findings as its own. In either case, the City Council shall have the option to prepare a resolution stating the Council's decision or shall render its decision by minute action.
G. Effective Date. Appeal decisions of the Planning and Zoning Commission shall become effective ten days following the decision, unless a second appeal has been filed. Appeal decisions of the City Council shall become effective on the date of the decision.
(Ord. No. 04-09; Ord. No. 09-011 §22)
SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
PUBLICATION: This ordinance shall be published in a newspaper of general circulation in the city of Albany, which said newspaper is designated for that purpose, or it shall be posted in three locations.
EFFECTIVE DATE: This ordinance shall become effective 30 days on or after its final passage and adoption and publication.
SIGNED:
JON ELY
MAYOR
Date: December 6, 2004