Any interested party excepting to the denial, conditional approval or unconditional approval of a CSS habitat loss permit by the director of community development may appeal in writing to the planning commission by filing with the city clerk a written notice of such appeal.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

No notice of appeal shall be acted upon unless filed within ten days after mailing or posting of notice of the determination of the director of community development approving or denying, in whole or in part, a CSS habitat loss permit. For the permit applicant, notice shall be mailed, by registered, certified or first-class mail, and shall be deemed complete at the time of such mailing. For all persons other than the permit applicant, notice shall be posted at City Hall and shall be deemed complete at the time of such posting.

(b)

The notice of appeal shall set forth:

(1)

The specific action appealed from;

(2)

The specific grounds of the appeal; and

(3)

The relief or action sought from the planning commission.

If any notice of appeal fails to set forth any information required by this section, the city clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile the notice of appeal.

(c)

The written notice of appeal from the determination of the director of community development approving or denying, in whole or in part, a CSS habitat loss permit shall be accompanied by such fee as may have been established by resolution of the city council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Upon the timely filing of a notice of appeal in proper form, the director of community development shall schedule the matter promptly upon the planning commission agenda at a subsequent regular meeting and shall cause notice thereof to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The director of community development shall also cause a copy of the notice of appeal to be transmitted to the planning commission.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

At the time of consideration of the appeal by the planning commission the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in his notice of appeal and shall have the burden of establishing cause why the decision appealed from should be altered, reversed or modified. The planning commission may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the decision appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The appellant or the director of community development may appeal the decision of the planning commission regarding a CSS habitat loss permit to the city council by filing with the city clerk a written notice of such appeal.

(b)

The requirements for notice, time limits and content of appeal shall be the same as those set forth in section 9.98.110, except that any reference to "planning commission" shall be deemed a reference to "city council" and any reference to "director of community development" shall be deemed a reference to "planning commission."

(c)

Upon the timely filing of a notice of appeal in proper form, the city clerk shall schedule the matter promptly upon the city council agenda at a subsequent regular meeting and shall cause notice thereof to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The city clerk shall also cause a copy of the notice of appeal to be transmitted to the planning commission and to the director of community development.

(d)

The hearing on the appeal shall be conducted as set forth in section 9.98.130, except that any reference to "planning commission" shall be deemed a reference to "city council." In ruling on the appeal, the finding and action of the city council shall be final and conclusive in the matter.

(Ord. No. 98-193, §§ 1—4, 10-19-98)