(a)

Appeals. To avoid results that are inconsistent with the purposes of this Code, any order, requirement, decision, determination, interpretation or ruling of the community development director in administration of this title or of the planning commission on any application filed pursuant to this title may be appealed. Action of the community development director shall be appealed to the planning commission, and action of the planning commission shall be appealed to the city council. Unless otherwise prescribed in the individual chapters of this code, any person aggrieved by, or alleging such error may initiate an appeal.

(b)

Calls for review. Unless precluded by state law, as an additional safeguard to avoid results inconsistent with the purposes of this Code, the mayor and one council member, or any two city council members may call up any order, requirement, decision, determination, interpretation or ruling of the planning commission for city council review. If only the mayor, or only one council member wishes to call up a decision, the process shall be consistent with the appeal provisions of this chapter.

(Ord. No. 934-2015, § 19.44.010, 7-20-2015)

(a)

Filing of appeals. Appeals shall be in writing and shall be filed in the office of the planning department for community development director decisions, and in the office of city clerk for planning commission decisions upon forms provided by the city. An appeal from any order, requirement, decision, determination, or interpretation must set forth specifically where there was an error or abuse of discretion or where an application did meet or fail to meet, as the case may be, those qualifications or standards set forth in this title as being prerequisite in the granting of any application.

(b)

Calls for review. A call for city council review may be initiated by the mayor or any member of the city council with concurrence of another city council member and shall be filed in writing with the city clerk and should not state the reasons or justification for the review.

(c)

Effect on decisions. Decisions that are appealed or called for review shall not become effective until the appeal or review is resolved.

(Ord. No. 934-2015, § 19.44.020, 7-20-2015)

(a)

Appeals. Appeals shall be filed within five working days after community development director or planning commission action, except in the case of subdivisions, which shall be filed within ten calendar days after action.

(b)

Calls for review. Calls for review shall be initiated within five working days after commission action.

(Ord. No. 934-2015, § 19.44.030, 7-20-2015)

(a)

Appeals. An appeal shall be accompanied by a filing fee in an amount determined by city council resolution.

(b)

Calls for review. No fee shall be required for a call for review.

(Ord. No. 934-2015, § 19.44.040, 7-20-2015)

(a)

Scheduling.

(1)

Within 30 days after the appeal of a community development director's decision, the planning commission shall hear the appeal, and give prior notice of the date, time and place thereof to the appellant. Prior to such hearing, the community development director shall transmit to the planning commission secretary a report of the community development director's decision, including all exhibits, notices, petitions and other papers and documents pertinent to the matter. The community development director, or the director's designee shall be represented in order to make known the reasons for the director's decision.

(2)

Within 40 days after the appeal or call for review of a planning commission decision is filed, the city council shall hear the appeal or call for review, and give prior notice of the date, time and place thereof to the applicant, the commission and the appellant, if any. Prior to such hearing, the planning commission secretary shall transmit to the city clerk a report of the findings of the commission and shall present at the hearing all exhibits, notices, petitions and other papers and documents on file in order to make known the reasons for the commission's decision.

(b)

Hearing and notice. An appeal or call for review shall be a public hearing if the decision being appealed or reviewed required a public hearing pursuant to chapter 19.40. Notice shall be given in the manner required for the decision being appealed or reviewed. All other appeals or calls for review shall be a hearing only, and shall not be subject to the public hearing requirements.

(c)

Evidence. At the hearing, the planning commission (in the case of a director's decision) or city council (in the case of a commission decision) shall only consider all pertinent material and documents constituting the administrative record upon which the decision being appealed or reviewed is based. Introduction of new information during the hearing shall cause the matter and that new information to be remanded back to the community development director (in the case of a director's decision) or the planning commission (in the case of a commission decision) for consideration.

(d)

Hearing. At the hearing, any party or person may appear in person or by agent or attorney to provide testimony.

(e)

Required findings, decision and notice.

(1)

Following a planning commission appeal hearing, the planning commission may remand the matter to the director for further consideration or may affirm (in whole or in part), modify, or reverse the decision appealed. The planning commission decision shall be made within 30 days of the hearing date. The secretary of the planning commission shall mail notice of the planning commission decision to the appellant within five working days after the date of the decision.

(2)

Following a city council appeal or review hearing, the city council may remand the matter to the planning commission for further consideration or may affirm (in whole or in part), modify, or reverse the decision appealed or reviewed. If the city council does not remand the matter to the planning commission, it shall make the findings prescribed by this Code for the matter in issue. The city council decision shall be made within 30 days of the hearing date. The city clerk shall mail notice of the city council decision to the applicant and to the appellant, if any, within five working days after the date of the decision.

(Ord. No. 934-2015, § 19.44.050, 7-20-2015)