Note: Prior ordinance history: Ords. 716 and 408.
A. 
Appeal. A decision of the community development director, zoning administrator, planning manager, or city engineer may be appealed to the planning commission. A decision of the planning commission may be appealed to the city council. Any interested person may appeal a decision.
B. 
Call for Review. A decision of the community development director, zoning administrator, planning manager, city engineer, or other administrative official may be called up for review by a planning commissioner. A decision of the planning commission may be called up for review by a member of the city council. The planning commissioner or council member may call the matter for review for the good of the city, without stating specific reasons for the call. The act of calling the matter for review shall not, by itself, disqualify the planning commissioner or council member from participating as part of the decision-making body so long as that commissioner or council member is neutral and unbiased and has not previously announced to any member of the public or city staff a preferred outcome on the matter.
C. 
Time Limits. An appeal or call for review must be submitted within ten days of the adoption of the resolution of decision.
(Ord. 977 § 6, 2016)
A. 
Filing Appeal or Call for Review. An appeal or call for review to the planning commission must be completed and filed with the community development director on a form provided by the city. An appeal or call for review to the city council must be completed and filed with the city clerk on a form provided by the city. An appeal must state specific reasons for the appeal and be accompanied by the appeal fee established by the city council.
B. 
Effect on Decisions. A decision that is appealed or called up for review in a timely manner does not become effective until the appeal or review is decided and any further appeal period has passed, or the appeal is withdrawn. Without a timely appeal, an appellant waives his or her rights to challenge the decision by administrative process, judicial process or any other legal proceeding.
(Ord. 977 § 6, 2016)
A. 
Hearing Date. The city will schedule an appeal or call for review for a hearing before the appellate body within forty-five days of the city's receipt of the appeal or call, unless both applicant and appellant consent in writing to a later date.
B. 
Notice and Public Hearing. An appeal or review hearing will be a public hearing if the decision being appealed or reviewed requires a public hearing. The city will give notice of the public hearing in the manner required for the initial decision. The applicant need not post the property again for the appeal if the original posting notice under Section 17.800.009(C) advised interested persons to request further information from the city.
C. 
Plans and Materials. At an appeal or review hearing the appellate body will consider the application, plans, exhibits, and related project materials that were the subject of the original decision.
D. 
Withdrawal. The appellant may withdraw an appeal at any time before the beginning of the public hearing to consider the appeal by submitting a written request to either the community development director (for an appeal to the planning commission) or to the city clerk (for an appeal to the city council).
E. 
Hearing. At the hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party. The hearing is a de novo hearing. The appellate body must apply the standards and finding requirements appropriate to the type of application. The hearing body may impose conditions of approval, including authorizing a subordinate hearing body to hear a future amendment or time extension.
F. 
Decision and Notice. After the hearing, the appellate body will by appropriate resolution or ordinance affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific findings if required, or the reasons for modification or reversal.
If the matter is heard by the planning commission, the zoning administrator will mail notice of the planning commission's decision. If the matter is heard by the city council, the city clerk will mail notice of the city council's decision. The notice must be mailed within seven calendar days after the date of the decision to the applicant, the appellant, and any other party requesting notice.
(Ord. 977 § 6, 2016)
A decision by the city council regarding an appeal or review becomes final on the date of the adopted written decision. A decision by the planning commission regarding an appeal or review becomes final ten days after the date the notice of decision is mailed, unless timely appealed to the city council.
(Ord. 977 § 6, 2016)