23.410.030 Filing and Processing of Appeals.
A. General. Appeals shall be filed and processed consistent with Chapter 23.404 (Common Permit Requirements) except as otherwise specified in this chapter.
B. Eligibility and Timing of Appeal. Table 23.410-1 shows who is eligible to file an appeal and the date by which an appeal must be filed.
C. Appeal Fees.
1. Appeal fees shall be paid by the person filing the appeal (the appellant) except as provided in Paragraph (2) below.
2. The City shall not charge a fee for appeals of projects denied due to conflicting decisions of the Zoning Adjustments Board (ZAB) and Landmarks Preservation Commission as described in Sections 3.24.200 through 3.24.240 of Chapter 3.24 (Landmarks Preservation Commission).
D. Form of Appeal.
1. An appeal shall be submitted to the Department or City Clerk in writing together with all required application fees and shall include the name and contact information of the appellant.
2. The appeal application shall state the pertinent facts and the basis for the appeal.
3. The whole decision or part of the decision may be appealed. If an appellant chooses, an individual finding, action, or condition may be appealed.
E. Appeal Subject--Design Review. Appeals of the Design Review Committee and staff-level Design Review decisions are limited to design-related issues.
F. Takings Claims.
1. If a basis of an appeal is that the review authority’s action constituted a taking of property under the California or United States Constitutions, that basis and all supporting evidence and argument shall be clearly stated as a basis of the appeal, or it shall be waived.
2. If specific evidence is not presented as part of the appeal, the takings claim shall be waived, and appellant shall be deemed to have waived any claim to sworn testimony and cross-examination.
3. This requirement shall apply to appeals on the basis that the review authority’s decision or any condition of approval:
(a) Denied the applicant any reasonable economic use of the subject property;
(b) Was not sufficiently related to a legitimate public purpose;
(c) Was not sufficiently proportional to any impact of the project; or
(d) For any other reason constituted a taking of property for public use without just compensation.
G. Copy to Zoning Officer. If the appeal is submitted to the City Clerk, the City Clerk shall forward a copy to the Zoning Officer.
H. Notice to Applicant. If the appeal is made by someone other than the applicant, the Department shall forward a copy of the written appeal to the applicant.
I. Effect of Appeal. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision is made by the review authority. (Ord. 7787-NS § 2 (Exh. A), 2021)