This chapter identifies the procedures for filing and processing
an appeal.
(Ord. 5428 § 1, 2014)
Any person aggrieved by an interpretation or action of the Planning
Manager, Design Committee, or Planning Commission, made pursuant to
this article, may appeal such action to the appropriate appeal authority,
as shown in the following table, by filing a written appeal with the
appropriate fee within 10 days from the date of action by the Planning
Manager or the Committee’s/Commission’s action. If the
10th day falls upon a weekend or holiday the appeal period shall be
extended to the end of the next available business day. All appeals
shall be filed with the City Clerk’s office, except appeals
of the Planning Manager’s action, which shall be filed at the
Planning Division.
|
APPEAL FROM ACTION OR DECISION OF:
|
APPEAL AUTHORITY
| |
|---|---|---|
|
PC
|
CC
| |
|
Planning Manager
|
X*
|
|
|
Design Committee
|
|
X
|
|
Planning Commission
|
|
X
|
|
*
|
Appeal of the Planning Manager’s decision on Design Review
Permit modifications or Design Review Permit extensions would be heard
by the Design Committee.
|
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)
The Planning Division shall provide a standard form for the
filing of an appeal of the action of the Planning Manager. The appeal
shall be filed within 10 days from the date of action and with the
Planning Division with such fees as may be established by the City
Council. The appeal shall specify the action being appealed and shall
state the specific grounds for the appeal. If only certain conditions
of an approval are being appealed, the specific conditions shall be
identified and the specific grounds for appeal of the conditions shall
be specified.
(Ord. 5428 § 1, 2014)
The City Clerk shall provide a standard form for the filing
of an appeal of the action of the Design Committee or the Planning
Commission. The appeal shall be filed with the City Clerk with such
fees as may be established by the City Council. The appeal shall specify
the action being appealed and shall state the specific grounds for
the appeal. If only certain conditions of an approval are being appealed,
the specific conditions shall be identified and the specific grounds
for appeal of the conditions shall be specified.
(Ord. 5428 § 1, 2014)
A timely appeal of an action shall stay the effective date of
the action, for that portion of the permit or variance being appealed,
until the appeal has been acted upon or withdrawn. If only certain
conditions are appealed, the effective date of approval shall remain
the date of action by the Approving Authority.
(Ord. 5428 § 1, 2014)
The Planning Manager or the City Clerk, as provided above, shall give notice of the appeal authority’s public hearing to consider the appeal at least 10 days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice Type “B,” Section 19.78.020 of this title.
Such hearing shall be held within 45 calendar days from the
last day of the appeal period. The appellant shall not be granted
a continuance of the appeal beyond the 45-day period. However, should
the appellant be the applicant of the project being appealed or if
the applicant agrees to a delayed hearing beyond 45 days, the hearing
may be held at a later date.
(Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)
Each appeal shall be considered to be a de novo hearing on the
matter being appealed. The appellate Approving Authority may grant
the appeal, grant the appeal in part, or deny the appeal. In taking
its action on an appeal, the Approving Authority shall state the basis
for the action being taken on the appeal, and may refer the matter
back to the original Approving Authority for further action. The appellate
Approving Authority may modify or delete any conditions which have
been appealed, or add such conditions as may be necessary to address
the issues being appealed, or may modify or delete any other conditions
of approval which are necessarily related to those which have been
appealed. Any condition which was not appealed, and which has not
been modified or deleted upon appeal, shall remain unaffected.
(Ord. 5428 § 1, 2014)
The Council may refer a matter back to the Approving Authority
if the Council finds that there is information that was not made available
to the Approving Authority which may have affected the decision. The
Approving Authority shall hold a public hearing on the matter within
60 days following the City Council’s date of referral.
(Ord. 5428 § 1, 2014)
The decision of the City Council on an appeal is final, except as allowed under the provisions for reconsideration (Section 19.76.190).
(Ord. 5428 § 1, 2014)
