The purpose of this chapter is to provide procedures for filing of appeals by any interested person of the determinations by the department staff or director, or the decisions of the director or commission.
(Ord. 777 § 1 (Exh. A), 2002)
Determinations and decisions that may be appealed, and the authority to act on an appeal shall be as follows:
A.
Any determination rendered by the department staff may be appealed to the director;
B.
Any determination or decision rendered by the director may be appealed to the commission;
C.
Commission Appeals.
1.
Any decision rendered by the commission may be appealed to the council.
2.
The commission may appeal any determination or decision rendered by the director, by an affirmative vote of a majority of its members.
3.
Once the vote to appeal is passed by a majority, the matter shall be set for hearing by the director.
D.
Council Considerations.
1.
Any decision of the commission may be appealed to the council by any interested person.
2.
Any two planning commissioners shall be empowered: (a) to state that the issues of an application warrant a higher level of review, and (b) to cause the application to be forwarded to the council for final action.
3.
Any one council person shall have the authority to bring any application which has been considered by the commission to the council for final action at the first available council meeting for which the requested notice can be given.
4.
Any action taken pursuant to this subsection shall be taken within fourteen days of the commissions decision on the application.
(Ord. 777 § 1 (Exh. A), 2002; Ord. 814 § 2, 2002)
A.
Appeals shall be in writing on a form obtained from the department (for appeals to the director or commission) or city clerk (for appeals to the council). The appellant shall state the specific reasons for the basis of the appeal. Appeal applications shall include the required fee, in compliance with the city's fee resolution.
B.
An appeal of a determination by the department staff, or appeal of a determination or decision of the director, shall be filed with the department secretary within ten days following the date of the final action for which an appeal is made.
C.
An appeal of a commission decision shall be filed in the office of the city clerk within ten days following the date of the final action for which an appeal is made.
D.
If the last day to file an appeal falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the appeal.
(Ord. 777 § 1 (Exh. A), 2002)
A.
Appeals to the director of a determination by the department staff shall be filed in writing with the department secretary within ten days following the date of the final action for which an appeal is made.
B.
Appeals to the director shall be an administrative review by the director of a department staff determination. The director may convene a meeting with interested parties before rendering a decision on the appeal. Any meeting(s) conducted by the director shall not require a public notice.
C.
The director shall render a written decision on the appeal within fifteen days of the filing of an appeal.
(Ord. 777 § 1 (Exh. A), 2002)
A.
Public notice of an appeal to the commission or council shall be given in the same manner in which the original notice was given. A hearing date shall be set within thirty days of the filing of the appeal and any necessary materials.
B.
Filing of an appeal shall delay all proceedings associated with the matter subject to the appeal (e.g., issuance of a building or grading permit, etc.), pending the city's final action on the appeal.
C.
Joining an Appeal.
1.
Only those persons who file an appeal within the ten-day appeal period in compliance with Section 17.76.030 (Filing Appeals), above, shall be considered appellants of the matter under appeal.
2.
Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section 17.76.030 (Filing Appeals).
3.
A person(s) shall not be allowed to join an appeal after the end of the ten-day appeal period.
D.
The appeal hearing shall be considered a hearing de novo and the review authority may consider any issue(s) associated with the appeal, in addition to the specific grounds for the appeal.
1.
When reviewing an appeal the review authority may:
a.
By resolution, affirm, affirm in part, or reverse the action, the determination, or decision that is the subject of the appeal;
b.
Adopt additional conditions of approval deemed reasonable and necessary, and may even address issues or concerns that go beyond the subject of the appeal; or
c.
Disapprove the land use permit or approval granted by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.
2.
If new or different evidence is presented on appeal, the commission or council, may, but shall not be rewired to, refer the matter to the director or commission, as applicable, for further consideration.
E.
When reviewing an appeal the review authority shall adopt findings in support of the intended action on the appeal. The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., conditional use permits Chapter 17.48 and variances Chapter 17.52, etc.)
F.
The director or city clerk, as applicable to the level of review authority, shall mail a copy of the decision to the appellant, the applicant (if not the appellant), the commission, and the council within fifteen days after the date the decision is rendered.
G.
Included within this mailing, shall be a city prepared letter for the applicant to sign, acknowledging that the applicant is in full concurrence/understanding with the final conditions of approval.
(Ord. 777 § 1 (Exh. A), 2002)
A.
A determination by the department staff appealed to the director, or a determination or decision of the director, appealed to the commission shall not become final until a decision is made by the director or commission.
B.
A decision of the commission appealed to the council shall not become final unless and until a decision is made by the council.
C.
The councils decision shall be considered final.
(Ord. 777 § 1 (Exh. A), 2002)
All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following:
17.36 Application Filing, Processing, and Fees
17.74 Public Hearings
(Ord. 777 § 1 (Exh. A), 2002; Ord. 832 § 7(b), 2003)