3.24.300 Appeals--Procedures required--City Council authority.

A.    1. An appeal may be taken to the City Council by the City Council on its own motion, by motion of the Planning Commission, by motion of the Civic Art Commission, by the verified application of the owners of the property or their authorized agents, or by the verified application of at least fifty residents of the City aggrieved or affected by any determination of the commission made under the provisions of this chapter.

2.    Such appeal shall be taken by filing a written notice of appeal with the City Clerk within fifteen days after the mailing of the notice of the decision of the commission. The notice of appeal shall clearly and concisely set forth the grounds upon which the appeal is based. If the appeal is taken by an owner of the property affected, or an authorized agent, the notice of appeal shall be filed in duplicate and the City Clerk shall immediately forward one copy to the secretary of the commission. If the appeal is taken by someone other than an owner of affected property or an authorized agent, the notice of appeal shall be filed in triplicate and the City Clerk shall immediately forward one copy to the owner or authorized agent of the affected property and one copy to the secretary of the commission. Within ten days after the filing of a notice of appeal, the secretary of the commission shall transmit to the City Council a copy of the application, a copy of the notice of appeal and a written statement setting forth the reasons for the commission’s decision, and shall make available to the council, at the time the matter is considered by the council, all other papers constituting the record upon which the action appealed from was taken.

3.    The City Clerk shall provide the Council with the written appeal or appeals, set the matter for a public hearing before the Council in consultation with the Secretary of the Commission, and give notice of the time and place of said hearing in the same manner and to the same recipients as for the Commission hearing.

B.    The filing of a notice of appeal within the time and in the manner specified in subdivision A above shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until the determination of the appeal, as provided herein.

C.    Before the hearing, the Secretary of the Commission shall forward the documents constituting the record on the matter to the Council. These shall include: copies of the Notice of Decision, indicating the Commission’s vote, and the findings and conditions approved by the Commission; the Public Hearing notice; any and all reports made by the Secretary to the Commission; correspondence and letters received both by the Commission or the Council submitted during the appeal process; and the application to the Commission and attachments. The Secretary shall also make a report to the Council on the Commission’s action, including the issues raised at the Commission’s public hearing.

D.    Each hearing shall be open to the public, which shall be given the opportunity to present their views and to be heard in accordance with established procedures.

E.    After opening the public hearing on the appeal, the Council may take one of the following actions:

1.    Continue the public hearing;

2.    Based on the record of the Council’s consideration and hearing, reverse or affirm, wholly or partly, or modify any decision, determination, condition or requirement of the Commission’s original action; or

3.    Remand the matter to the Commission to reconsider the application, or any revisions thereto submitted after the Commission’s action, in which case the Council shall specify which issues the Commission is directed to reconsider.

F.    Except in the case of a remand to the Commission, when reviewing any decision of the Commission on appeal, the Council shall use the same standards for decision making and is required to make the same findings as the Commission with respect to the matter on appeal. The Council may adopt the Commission’s decision and findings as its own. In either case, the City Clerk shall prepare a resolution stating the Council’s decision.

If the disposition of the appeal has not been determined within 30 days from the date the public hearing was closed by the Council, then the decision of the Commission shall be deemed affirmed and the appeal deemed denied.

G.    The City Clerk shall promptly notify in writing the appellant, owners or authorized agents of affected property, and residents of such property of the action taken.

H.    Payment of fees for an appeal from the decision of the Landmarks Preservation Commission shall be set by resolution of the City Council. (Ord. 7461-NS § 1, 2016: Ord. 6243-NS § 1, 1994: Ord. 5620-NS § 1, 1984: Ord. 4694-NS § 9, 1974)