Any person may appeal to the planning commission any order, requirement, decision, determination or other action of the planning director with regard to any matter arising under this title, including any determination concerning the contents, subject matter or completeness of any application, any determination concerning which permit or other approval is required, and any determination pursuant to Sections 17.02.080 or 17.02.090. Any such appeal shall be in writing and shall be filed with the planning department within fifteen (15) days after the action complained of. The appeal shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for appeal. Upon receipt of such an appeal, the planning department, acting under the direction of the planning director, shall bring the appeal before the planning commission within thirty (30) days and shall notify the appellant and (if different) the applicant of the date and time of the planning commission meeting at which the appeal will be heard. No other notice need be given, except such additional notice as may be required by state or other law. The planning commission shall proceed to hear and determine the appeal at the same meeting or at such later meeting as it shall determine, and in connection therewith may continue the same from time to time.

(Ord. 307 § 4, 1985).

Any person may appeal to the city council any order, requirement, decision, determination or other action of the planning commission in the manner provided in this title, including any planning commission decision of an appeal from an order, requirement, decision, determination or other action of the planning director.

(Ord. 307 § 5, 1985: Ord. 298 § 16.1, 1984).

A.

An appeal of a planning commission action shall be in writing and filed with the city clerk within fifteen (15) days after the final action of the planning commission. The appeal shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for appeal. Upon receipt of such appeal, the city clerk shall notify the planning department and the applicant and shall set a time as soon as practical but within sixty (60) days after the receipt of such appeal (unless the applicant agrees otherwise) for a public hearing by the city council on such appeal. Notice of such hearing shall be given as set forth in Chapter 17.54.

B.

In addition to the above, within fifteen (15) days after final action of the planning commission any two (2) members of the city council may appeal the decision of the planning commission by filling the appeal in writing with the city clerk. The clerk shall notify the planning department and the applicant and shall place the matter for public hearing as soon as practical but within sixty (60) days after receipt of the appeal unless the applicant agrees otherwise or the city council determines that additional time is needed in order for it reach an informed decision. The mere fact that two (2) members of the city council have filed an appeal does not of itself require disqualification of either such councilmember from hearing and/or deciding the item.

(Ord. 307 § 6, 1985: Ord. 298 § 16.2, 1984).

(Ord. No. 606, § 7, 4-21-16)

The planning department, upon receipt of the notice of appeal, shall prepare a report of the facts pertaining to the decision of the planning commission and shall submit such report to the city council along with the department's recommendation and the reasons for the commission's action.

(Ord. 298 § 16.3, 1984).

(Ord. No. 606, § 8, 4-21-16)

The city council shall conduct a de novo hearing on the appeal. At the close of the public hearing, the city council may affirm, reverse or modify the decision of the planning commission, either at the same meeting or at such later meeting as the council may determine, for any basis permitted by law. If the council does not take action on the appeal within sixty (60) days after the clerk's receipt of the appeal, unless the applicant otherwise agrees or the city council has determined that additional time was needed in order for it to make an informed decision, the planning commission action shall be deemed affirmed. To reverse or modify the planning commission decision shall require three (3) affirmative votes.

(Ord. 307 § 7, 1985; Ord. 298 § 16.4, 1984).

(Ord. No. 606, § 9, 4-21-16)