A. 
Within 15 days after director action on a discretionary or ministerial permit, any person dissatisfied with the action of the director may file with the city clerk an appeal in writing from such action upon depositing a filing fee established by city council resolution. The filing of such appeal within said time limit shall stay the effective date of the order of the director until such time as the planning commission has acted upon an appeal of the director as set forth herein.
B. 
Upon receipt of such appeal, the city clerk shall advise the secretary of the director and said secretary shall transmit to the city clerk the director's complete record of the case. Within 60 days following receipt of the written appeal, the planning commission shall conduct a public meeting to review the appeal. Upon the conclusion of the public meeting before the planning commission, the planning commission may affirm, reverse, or modify the decision of the original acting body.
C. 
In any case in which the planning commission sets the matter for review before itself, or receives the transcript or recording and all other evidence upon which the director made its decision, the planning commission decision on appeal need not be limited to the points appealed, but may cover all phases of the matter, including the addition or deletion of any condition. If the planning commission's decision on the appeal differs from that of the director the planning commission shall include written findings in its action.
(Ord. 893 § 10, 2020)
A. 
Within 15 days after planning commission action on any application, permit, or appeal of a decision of the director pursuant to BGMC § 9.60.010, any person dissatisfied with the action of the planning commission may file with the city clerk an appeal in writing from such action upon depositing a filing fee established by city council resolution. The filing of such appeal within said time limit shall stay the effective date of the order of the planning commission until such time as the city council has acted on the appeal of the planning commission as set forth herein.
B. 
Upon receipt of such appeal, the city clerk shall advise the secretary of the planning commission and said secretary shall transmit to the city clerk the planning commission's complete record of the case. Within 60 days following receipt of the written appeal, the city council shall conduct a public hearing in such matter and notice of such hearing shall be given in the same manner as was required for the original approval or public hearing for the project, or shall conduct a public meeting in such matter and notice of such meeting shall be given in the same manner as required for the original approval by the director. Upon the conclusion of the public hearing or the public meeting as applicable before the city council, the city council may affirm, reverse, or modify the decision of the planning commission.
(Formerly 9.60.010; Ord. 806 § 1, 2007; Ord. 893 § 10, 2020)
In any case in which the city council sets the matter of an appeal before itself, or receives the transcript or recording and all other evidence upon which the planning commission made its decision, the city council's decision on appeal need not be limited to the points appealed, but may cover all phases of the matter, including the addition or deletion of any condition. If the city council's decision on the appeal differs from that of the planning commission, the council shall include written findings in its action.
(Formerly 9.60.020; Ord. 806 § 1, 2007; Ord. 893 § 10, 2020)
The decision of the city council, upon an appeal from an action of the planning commission, is final and conclusive as to all things involved in the matter. Said decision shall set forth that the appeal is subject to the Code of Civil Procedure Section 1094.6. A copy of the decision shall be mailed to the applicant via certified mail.
(Formerly 9.60.030; Ord. 806 § 1, 2007; Ord. 893 § 10, 2020)