Chapter 16.34
APPEALS TO THE PLANNING COMMISSION
Sections:
16.34.005 Definition.
16.34.010 Ex parte contact.
16.34.020 Stay.
16.34.030 Appeal to the planning commission.
16.34.040 Notice of hearing.
16.34.050 Preparation of record.
16.34.060 Hearing.
16.34.070 Decision.
16.34.005 Definition.
“Interested person” means, with respect to a decision of the city planner or planning commission, the applicant, any person adversely affected by the decision who appears before the city planner or planning commission and made an oral or written presentation, and any governmental agency. (Ord. 04-03 § 2 (part), 2004)
16.34.010 Ex parte contact.
A planning commissioner shall be impartial in all decisions, both in fact and in appearance. No planning commissioner may engage in ex parte contact with any person interested in an appeal concerning the appeal either before or after the appeal hearing. (Ord. 04-03 § 2 (part), 2004)
16.34.020 Stay.
An appeal to the planning commission stays the effectiveness of the decision or order of the city planner until the planning commission finally decides the appeal; provided, that the planning commission may vacate the stay if doing so is necessary to avoid immediate danger to public health and safety. (Ord. 04-03 § 2 (part), 2004)
16.34.030 Appeal to the planning commission.
Any interested person may appeal a decision or order of the city planner to the planning commission by filing a written notice of appeal with the city planner on a form provided by the city planner within fifteen (15) calendar days after date of the decision or order. The notice of appeal shall state with specificity the grounds for the appeal, include the appellant’s mailing address or that of the appellant’s attorney, and be accompanied by a filing fee of two hundred fifty dollars ($250.00). (Ord. 09-46 § 2, 2009: Ord. 04-03 § 2 (part), 2004)
16.34.040 Notice of hearing.
A. Upon the timely filing of an appeal, the city planner by regular mail or personal service shall deliver notice of the appeal within three business days to the appellant and the owner of each property that is the subject of the decision or order appealed from. The notice shall include:
1. A brief description of the decision or order appealed from; and
2. The appellant’s notice of appeal. (Ord. 04-03 § 2 (part), 2004)
16.34.050 Preparation of record.
A. The city planner shall submit the appeal to the planning commission at the next regular planning commission meeting occurring at least fifteen (15) business days after the filing of an appeal. The city planner shall forward all pertinent information related to the appeal to the planning commission for review.
B. The city planner shall publish at least once the time and place of the hearing in a newspaper of general circulation within the city at least five calendar days prior to the hearing. Such notice shall state the nature of the appeal, the location of the property that is the subject of the appeal, and the time and place of hearing. Notice by regular mail of the time and place of hearing shall be given to each interested party and to each record owner of any property that immediately adjoins the property that is the subject of the appeal. A notice of hearing shall be posted in a conspicuous manner on the property that is the subject of the appeal. (Ord. 04-03 § 2 (part), 2004)
16.34.060 Hearing.
A. Only persons who have submitted written arguments to the planning commission prior to the meeting may present oral arguments at the hearing. A written argument must include the name, physical and mailing addresses of the person submitting the argument.
B. At the hearing, oral argument shall be subject to the following order and time limitations, unless the planning commission, for good cause shown, permits a change in the order or an extension of time:
1. City planner or representative, five minutes to present the city position and to set forth the evidence and reasons relied upon for the decision.
2. Appellant or representative, five minutes.
3. Each interested person supporting or opposing the appeal, five minutes.
4. Appellant, for rebuttal, five minutes. (Ord. 07-58(AM) § 4, 2007; Ord. 04-03 § 2 (part), 2004)
16.34.070 Decision.
A. The planning commission shall base the decision upon the record and argument presented at the hearing. The planning commission may affirm, reverse, or modify the decision or order of the city planner in whole or in part.
B. The planning commission’s decision shall be in writing and shall state that it is a final decision, include the planning commission’s findings of fact and conclusions of law, and notify the parties of their right to appeal under Section 16.36.060.
C. The planning commission’s decision shall be mailed by regular mail or personally delivered by the city planner within ten (10) business days after the planning commission’s decision was final to the appellant and each interested person submitting written testimony at the hearing. (Ord. 04-03 § 2 (part), 2004)