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.
D. The directors decision may be appealed to the commission, in compliance with Section
17.76.030 (Filing appeals).
(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)