In the event there is a tie vote on any motion pending before
the planning commission, the chair shall call for any further motions
of any commissioner on the subject. In the event no further motions
are made, or that such further motions also result in a tie vote,
the chair shall declare a deadlock. When any provision of city ordinance
or state statute requires a recommendation from the planning commission
before a matter is heard by the city council, a declaration of a deadlock
shall be deemed to be a recommendation of denial by the planning commission
for all such purposes. A declaration of a deadlock on any matter for
which the planning commission is the decision-making body shall be
considered a denial of such matter and shall be appealable to the
city council, to the same extent, and in the same manner, as if the
planning commission had denied the matter. The city clerk is authorized
and instructed to waive the applicable filing fee for any appeal resulting
from a declaration of a deadlock.
(Ord. 15-1 § 2)
Unless otherwise specified by the planning commission, denial
of any permit or other entitlement for use will be deemed to be a
denial with prejudice, except that the city council, on appeal, may
remand the matter to the planning commission for further consideration.
If a denial of the planning commission is with prejudice, no subsequent
application for the same or similar permit or entitlement for use
may be filed within one year from the date of the planning commission's
decision, or the city council's affirmance, whichever is later, unless
the application has been modified to correct the deficiencies and/or
to otherwise address the concerns of the planning commission or city
council. Any subsequent application will require a new filing fee.
If a denial is expressly made without prejudice, the same or similar
application may be resubmitted at any time, and the filing fee will
be limited to those fees for additional processing over and above
the processing of the original application, as determined by the director
of community development.
(Ord. 15-1 § 2)
Except as otherwise provided by city ordinance, state statute or other law, any person interested in an action of the planning commission, including the city council or any individual city councilmember, may take an appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of the date of the final action by the planning commission. Exception: appeals filed pursuant to Chapter
16.20, Tentative Maps, Section
16.20.060, shall be filed within ten days after the planning commission's decision. Appeals filed pursuant to other city ordinances, state statutes or other laws may be subject to different time lines. The notice of appeal filed with the city clerk, except a notice filed by the city council or a city councilmember, shall be accompanied by the appropriate filing fee as established by the city pursuant to resolution. Upon receipt of the notice of appeal, the city clerk shall cause the record of proceedings before the planning commission to be transmitted to the city council. The record of proceeding shall include all written materials the planning commission considered in taking the action being appealed. The city council may affirm, reverse or modify the decision of the planning commission.
(Ord. 15-1 § 2)