This Chapter establishes procedures for appeals of determinations and decisions rendered by the Department staff, the Director, and the Commission.
(Ord. 1670(19) § 11)
A. 
Appealable Actions.
1. 
Any decision or determination of the Director may be appealed to the Commission by the applicant or any interested person adversely affected by the decision or determination, unless a provision of this Title allows for a direct appeal to the Council.
2. 
Any decision of the Commission may be appealed to the Council by the applicant or any interested person adversely affected by the decision. Recommendations of the Commission which are required to be forwarded to the Council for its consideration as part of the normal review process are not appealable.
B. 
Exhaustion of Remedies. No person may file an appeal until such person has exhausted all other available remedies including filing an appeal with any subordinate City officer, board, commission, or other body.
C. 
Notice of Right to Appeal. Any decision or determination that may be appealed under this Title shall be in writing, shall give notice of the right to appeal, and shall clearly state the procedures and timeline for filing an appeal. Failure to give notice of the right to appeal shall not affect the validity of the decision or determination.
(Ord. 1674(20) § 3)
A. 
Filing of Appeal.
1. 
The applicant or any other person aggrieved may appeal a decision by filing a written notice of appeal with the City Clerk prior to the time the decision becomes final in compliance with Section 17.552.020 (Effective Dates of Permits), or if the decision is not addressed in Section 17.552.020, or becomes effective immediately, then within ten days after the decision. The date of filing is the date the notice of appeal is received by the City. Upon the expiration of the deadline for filing an appeal, the decision shall become final and shall no longer be appealable.
2. 
The appellant shall state specifically in the appeal how the decision is inconsistent with the requirements or purposes of this Code or is otherwise in error.
3. 
An appeal shall include payment of the applicable fee, as provided in Section 17.504.040 (Application Fees).
B. 
Scheduling Review of Appeal. Following receipt of the filed appeal, the matter shall be placed on the next available review authority agenda. The Planning Division shall prepare a staff report transmitting the appeal.
C. 
Notice of Appeal. If the matter originally required a noticing, the City shall give notice in the same manner followed for the original decision in compliance with Chapter 17.608 (Public Hearings and Noticing), provided that notice shall also be provided to the appellant. The notice shall state a brief summary of the decision appealed and a brief summary of the nature of the appeal.
D. 
Action on Appeal. In reviewing an appeal, the review authority may consider any issue under this Code related to the decision which is the subject of the appeal, in addition to the specific issues raised in the appeal. The review authority considering an appeal may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.
E. 
Council Action is Final. A decision of the Council on any appeal shall be final on adoption of an order or resolution containing its determination.
(Ord. 1670(19) § 11; Ord. 1674(20) § 4)
A. 
Suspension of Permits on Appeal. Once an appeal is filed, the associated permits and project are not effective, and any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable Review Authority.
B. 
Exception. Notwithstanding subsection A of this section, permits that become effective immediately under Section 17.552.020 (Effective Date of Permits) shall remain effective while an appeal of the permit is pending.
(Ord. 1670(19) § 11; Ord. 1674(20) § 5)
No person shall seek judicial review of a City decision on a planning permit or other matter in compliance with this Code until all appeals to the Commission and Council have first been exhausted in compliance with this Chapter.
(Ord. 1670(19) § 11)