Chapter 17.76
APPEALS
Sections:
17.76.020 Appeal Subjects and Jurisdiction
17.76.030 Filing and Processing of Appeals
17.76.010 Purpose
This chapter establishes procedures for the appeal and review of determinations and decisions of the Commission, Board of Architectural Review, Zoning Administrator, Director, or Department staff.
17.76.020 Appeal Subjects and Jurisdiction
A. Director or Zoning Administrator decision. A determination or decision by the Director, Zoning Administrator, or Department staff may be appealed to the Commission.
B. Board of Architectural Review. A determination or decision of the Board of Architectural Review may be appealed to the Commission.
C. Commission decision. A decision by the Commission may be appealed to the Council.
17.76.030 Filing and Processing of Appeals
A. Eligibility.
1. An appeal in compliance with this chapter may be filed by any aggrieved person; except that in the case of a decision on a Use Permit, Minor Use Permit, Variance, Minor Variance, or Planned Development Permit which followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing.
2. An action or decision by the Commission in compliance with this Zoning Ordinance may be appealed to the Council by an individual Council member, but the Council member shall not vote when the appeal is considered by the Council.
B. Timing and form of appeal. An appeal shall be submitted in writing within seven calendar days of the date of the decision. The appeal shall state the pertinent facts and the basis for the appeal. Appeals addressed to the Commission shall be filed with the Department; appeals addressed to the Council shall be filed with the City Clerk. An appeal shall be accompanied by the required filing fee.
C. Report and scheduling of hearing. When an appeal has been filed, the Director shall prepare a report on the matter, and schedule the matter for a public hearing by the appropriate review authority identified in Section 17.76.020 (Appeal Subjects and Jurisdiction). Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.78 (Public Hearings). Any interested party may appear and be heard regarding the appeal.
D. Decision.
1. At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal (“de novo”), in addition to the specific grounds for the appeal. The review authority may:
a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Ordinance;
b. Adopt additional conditions of approval, that may address issues or concerns other than the subject of the appeal; or
c. Disapprove the planning permit approved by the previous review authority, even if the appellant only requested modification or elimination of one or more conditions of approval.
d. In the event of a tie vote by the appeal body, the decision being appealed shall stand.
2. If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the previous review authority (i.e., Board of Architectural Review, Zoning Administrator, Director, or Commission, as applicable), for further consideration.
3. The appeal body shall render its decision on the appeal within 60 days of the initial public hearing, unless the matter is continued for good cause.
E. Effective date of appeal decision.
1. Commission decision. A decision by the Commission is effective seven days after the date of the decision when no appeal of the decision has been filed with the Council.
2. Council decision. A decision by the Council is final and shall be effective on the date of the decision.