SECTION 25.44
APPEALS AND CALLS FOR REVIEW
Sections:
25.44.1 Purpose
Decisions, actions or determinations of the Director or Commission may be appealed as provided for in this section. Table 25-19 (Review Authority) establishes the review responsibility and authority for various actions. Decisions by the Director may be appealed to the Commission, and decisions by the Commission may be appealed to the City Council.
25.44.2 Appeal Filing
A. Eligibility. An appeal may be filed by any person aggrieved or affected by any determination in the administration of this Chapter.
B. Timing and form of appeal. All appeals shall be submitted to the Department in writing on the appeal form provided by the City, and shall specifically state the pertinent facts of the case and the reasons for the appeal. Notice of the appeal may be filed in person or by first class mail, postmarked no later than the last day of the appeal period.
An appeal of Minor Discretionary Review approval shall be filed within five business days following the final date of the determination or action being appealed. Appeals of a decision of the Planning Commission shall be filed within fourteen business days following the decision of the Planning Commission. All other appeals also shall be filed within fourteen business days. The filing fee established by resolution of the City Council shall accompany appeals. In the event of an appeal, the decision being appealed shall be suspended and have no effect until final action by the Review Authority pursuant to this section. (Ord. No. 2015-01, § 1).
25.44.3 Appeal Processing
A. Report and scheduling of hearing. When an appeal of the Director’s decision has been filed, the Director shall schedule the matter for consideration by the Planning Commission, which shall occur at a public hearing within forty-five days of the Director receiving the appeal. Notice of the appeal hearing shall be given in accordance with Section 25.43 (Public Hearings). When an appeal of the Commission’s decision has been filed, the Director shall schedule the matter for consideration by the City Council, which shall hear the appeal within forty-five days of the Director receiving the appeal.
B. Action and findings.
1. Hearing. The Review Authority shall conduct a denovo public hearing in compliance with Section 25.43 (Public Hearings). At the hearing, the Review Authority may consider any issue or evidence relevant to the appealed matter, in addition to the specific grounds for the appeal.
2. Decision. The Review Authority may affirm or reverse in whole or in part the action, decision or determination that is the subject of the appeal, based upon its written findings. The Review Authority may make modifications, deletions, or additions to the conditions of approval imposed as part of the appealed decision.
3. Notice. Notice of the Review Authority’s decision shall be mailed to the original applicant, the person(s) who filed the appeal, and to any other person who has filed a written request for the decision with the Director.
C. Planning Commission or City Council inaction. If the Planning Commission or City Council is unable to make a final decision on the appeal due to a tie vote, the appeal shall be deemed to be denied and the appealed decision shall become final.
25.44.4 Calls for Review
As an additional safeguard to avoid results inconsistent with the purposes of this Chapter, quasi-judicial administrative decisions of the Planning Commission may be called up for review by the City Council.
Two members of the City Council may call for the review of a decision of the Planning Commission within fourteen business days of the Planning Commission’s decision. The call may occur at a Council meeting or by filing a form with the City Clerk. The form shall be prescribed by the City Clerk and may be signed by the members separately or by two members jointly. No fee shall be required. The City Clerk shall schedule the review hearing for commencement within 45 days of the call for review. The review shall otherwise follow the same process as appeals in Section 25.44.3.
If a call for review is made there shall be a presumption applied that the reason for the review is that the action has significant and material effects on the quality of life within the City. No inference of bias shall be presumed due to such a request for review being made by Council members. (Ord. No. 2015-02, § 2).