This chapter is intended to provide procedures for filing appeals of the determinations and decisions by the Director or Commission.
(Prior code § 16-450.010)
A. 
Types of Appeals. The following determinations and decisions may be appealed:
1. 
Director's Decisions. Any determination or decision rendered by the Director, except Site Plan Review, may be appealed to the Commission; and
2. 
Commission's Decisions. Any decision rendered by the Commission may be appealed to the Council.
B. 
Appellants. The following may appeal a decision of the Review Authority.
1. 
Applicant. The applicant, or the applicant's representative, may appeal a decision.
2. 
Interested Parties. Any interested party may file an appeal.
3. 
Director. The Director may file an appeal.
4. 
City Manager. The City Manager may file an appeal.
5. 
Commission Appeals. The Commission may appeal a decision rendered by the Director to itself (Commission), if:
a. 
A member of the Commission files an appeal in compliance with Section 16.100.040(B) (Form of appeal);
b. 
The member of the Commission filing the appeal requests that the Commission discuss the Director's decision to determine if the Commission should appeal the decision to itself; and
c. 
A majority of the Commission members vote to consider appealing the decision.
6. 
Council Appeals. The Council may appeal a decision rendered by the Director to the Commission or by the Commission to itself (Council), if:
a. 
A member of the Council files an appeal in compliance with Section 16.100.040(B) (Form of appeal);
b. 
The member of the Council requesting the appeal requests that the Council discuss the decision to determine if the Council should appeal the decision of the Commission to itself or the decision of the Director to the Commission; and
c. 
A majority of the Council members vote to consider appealing the decision.
C. 
Time for Filing.
1. 
Director/Commission. An appeal of a decision of the Director or Commission shall be filed within 10 days of the decision of the Review Authority in compliance with this chapter. The decision shall be final in 11 days if not appealed.
2. 
10-Day Period. An appeal may not be filed after expiration of the 10-day appeal period.
3. 
Council. The decision of the Council cannot be appealed and shall be final and become effective in compliance with Section 16.92.090 (Effective date).
D. 
Reconsideration. The Commission or Council may only reconsider a decision if there are four concurring votes of the Commission or Council, as applicable, to reconsider the decision and the reconsideration is held at the next public meeting of the Commission or Council, as applicable. A decision of the Director shall not be subject to reconsideration.
(Prior code § 16-450.020; Ord. 2018-01-23-1503 § II)
A. 
The determination of the Director as to the type of environmental documentation required for a project may be appealed to the Commission.
B. 
An appeal of the project decision shall include the environmental determination for the project.
(Prior code § 16-450.030)
A. 
Filing. Appeals shall be submitted in writing and filed with the Department for appeals to the Commission and with the City Clerk for appeals to the Council.
B. 
Form of Appeal. At a minimum, the appeal application shall include the following:
1. 
Statement. A signed, written statement specifying the basis for the appeal;
2. 
Fee. A fee in compliance with the Council's fee resolution; there shall be no appeal fee for an appeal brought by the Commission, Council, or City Manager.
C. 
Scheduling. After an appeal has been received in compliance with the procedures identified in subsection A of this section (Filing), or the Commission or Council has voted to appeal, the appeal shall be transmitted to either:
1. 
Appeals to the Commission. The Director who shall place the item on the next available Commission agenda; or
2. 
Appeals to the Council. The City Clerk who shall schedule the matter for the next available Council agenda.
D. 
Consolidation of Hearings. The City may consolidate hearings on all timely filed appeal applications for the same project.
E. 
Appellant is Not the Applicant. If the appellant is not the applicant, a copy of the appeal application shall be sent by the City to the applicant at the address listed on the application within seven days of its filing.
F. 
Notice. If the matter originally required a noticed public hearing, the Director or City Clerk shall notice the hearing in compliance with Section 16.88.030 (Public hearing notices).
G. 
Action. At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and:
1. 
Affirm or Reverse an Action. By resolution, the Commission or Council may affirm, affirm in part, or reverse the action, the decision, or determination that is the subject of the appeal. It shall take four concurring votes of the Commission to overrule or modify a decision of the Director or four concurring votes of the Council to overrule or modify a decision of the Commission;
2. 
Adopt Additional Conditions. When reviewing an appeal, the appeal body may adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal; and
3. 
Refer the Matter. If new or different evidence is presented on appeal, the Commission or Council, may, but shall not be required to, refer the matter to the Director, or Commission, as appropriate, for further consideration.
H. 
Continuance. A request for a continuance of the scheduled appeal hearing may be requested by either the applicant or the appellant. The continuance may or may not be granted by the appeal body.
I. 
Withdrawal. If the appellant withdraws the appeal, and there are no co-appellants who have filed an appeal in compliance with subsection A of this section (Filing), the appellant shall submit a written request for withdrawal to the Director. The Director shall withdraw the appeal and remove the request from any agenda and notify the applicant, if other than the appellant.
J. 
Action Becomes Effective.
1. 
Action of Director. An action of the Director appealed to the Commission shall not become effective until after the 10-day appeal period following final action by the Commission; the action of the Commission may be appealed to the Council.
2. 
Action of Commission. An action of the Commission appealed to the Council shall not become effective until after final action by the Council.
(Prior code § 16-450.040; Ord. 2018-01-23-1503 § III)