The purpose of Title 10, Chapter 2, Article 30 (Appeals) is to provide procedures for filing of appeals of the determinations by the Department staff or Director, or the decisions of the Director or Commission.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 101, Ord. 941, eff. November 10, 2023)
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 Commission, except any decision by the City Building Official
can be appealed to the Building Appeals Board.
(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 rendered by the Department
staff or a 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 by the Director for hearing by the Commission.
(d)
Council appeals.
(1)
A member of the Council may request the opportunity to discuss any
decision rendered by the Department staff, Director or Commission.
(2)
The Council may appeal any determination rendered by the Department
staff or a determination or decision rendered by the Director or Commission
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 by the City Clerk for hearing by the Council.
(4)
The decision of the Council to affirm, affirm in part, or deny the
appeal shall be final and shall become effective upon adoption of
the resolution by the Council.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 102, Ord. 941, eff. November 10, 2023)
(a)
Appeals shall be in writing on a form obtained from the Department
(for appeals to the 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 a determination or decision of the Director, shall be filed with the secretary of the Commission within 15 days following the date of the final action for which an appeal is made, as defined in Section 10-2.2910 (Effective date).
(c)
An appeal of a Commission decision shall be filed in the office of the City Clerk within 15 days following the date of the final action for which an appeal is made, as defined in Section 10-2.2910 (Effective date).
(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.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 103, Ord. 941, eff. November 10, 2023)
(a)
Public notice of an appeal shall be given in the same manner in which
the original notice was given. A hearing date shall be set within
30 days of the filing of the appeal and determination by the City
that all necessary materials are also submitted.
(b)
Filing of an appeal shall delay all proceedings associated with the
matter subject to the appeal (e.g., issuance of a zoning clearance,
building or grading permit), pending the City's final action on the
appeal.
(c)
Joining an appeal.
(1)
Only those persons who file an appeal within the 15 day appeal period in compliance with Section 10-2.3003 (Filing appeals), 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 10-2.3003 (Filing appeals).
(3)
No person(s) shall be allowed to join an appeal after the end of
the 15 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 entitlement approved 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 required 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., design review permits, conditional use permits,
planned development permits, variances).
(f)
The Director or City Clerk, as applicable to the level of review
authority, shall mail a copy of the resolution to the appellant, the
applicant (if not the appellant), the Commission, and the Council
within 15 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. The
applicant shall return the signed acknowledgment within 10 days.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 104, Ord. 941, eff. November 10, 2023)
A determination by the Department staff, or a determination
or decision of the Director, appealed to the Commission shall not
become final unless and until upheld by the Commission. A decision
of the Commission appealed to the Council shall not become final unless
and until upheld by the Council. The Council's decision shall be considered
final.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 105, Ord. 941, eff. November 10, 2023)
(a)
If an application is disapproved, the applicant shall not apply for
the same or substantially similar discretionary entitlement for the
same site for a period of 12 months. The only exception to this provision
shall be in cases where the Commission and/or Council has disapproved
the discretionary entitlement "without prejudice."
(b)
The Director shall determine whether the new application is for a
discretionary entitlement which is the same or substantially similar
to the previously approved or disapproved entitlement and for the
same site. The determination of the Director may be appealed to the
Commission, in compliance with this article.
(§ 3, Ord. 771, eff. February 13, 2004)
