Chapter 18.72
APPEALS

Sections:

18.72.010    Appeals – General.

18.72.020    Who may appeal.

18.72.030    Appeal procedure.

18.72.040    Decision.

18.72.050    Calls for review.

18.72.010 Appeals – General.

A. This provisions of this chapter shall apply to any decision of the community development director or planning commission not expressly covered by any other provision of this title or not expressly made final by any other provision of this title.

B. Decisions of the community development director may be appealed to the planning commission.

C. Decisions of the planning commission may be appealed to the city council.

D. For purposes of this chapter, “appellate body” shall mean the planning commission or city council, depending upon which body is hearing the appeal. (Ord. 1738 § 56 (part), 2012: prior code § 10-1.16)

18.72.020 Who may appeal.

Any person, partnership, corporation, public entity, or applicant aggrieved by a planning and environmental quality commission decision may appeal any appealable decision of the community development director or the planning commission. (Ord. 1738 § 56 (part), 2012: prior code § 10-1.17)

18.72.030 Appeal procedure.

A. Time. Unless specifically made different by another section of this code, all appeals shall be filed within ten days after the final action of the decision being appealed from. The date of the notice of the decision shall be the final action. If not appealed within such time, the action shall become final.

B. Form. An appeal from a decision of the community development director shall be filed with the community development department and an appeal from a decision of the planning commission shall be filed with the city clerk within the prescribed period. The community development director or city clerk, as appropriate, shall set a date, time and place for a public hearing. A call for review by a member of the council may be filed orally at any council meeting.

C. Fees. Upon filing of an appeal the appellant shall pay a fee established by city council resolution for the purpose of defraying the costs incidental to the proceedings. Members of the city council shall not be required to pay a fee.

D. Hearings – Notices. If a noticed public hearing was required for the decision being appealed from, then notice of the hearing before the appellate body shall be given in the same manner.

E. Hearings. A hearing shall be commenced before the appellate body within forty-five days after the filing of the appeal.

F. Tie Vote. A tie vote before the city council shall be considered a denial of the appeal, or no action on a call for review, and the decision of the planning commission shall stand. (Ord. 1762 § 3, 2015: Ord. 1738 § 56 (part), 2012: prior code § 10-1.19. Formerly 18.72.040)

18.72.040 Decision.

A. The appellate body may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as should be made.

B. The decision of the appellate body shall be made within fourteen days after the close of the hearing. Findings shall be required where such findings are required of the decision being appealed from.

C. Notice of the decision shall be mailed to the appellant. Any decision of the planning commission shall include information regarding the right of appeal to the city council and provide that a failure to file an appeal shall constitute a failure to exhaust administrative remedies. The decision of the city council shall be considered final. (Ord. 1738 § 56 (part), 2012)

18.72.050 Calls for review.

A. As an additional safeguard to avoid results inconsistent with the purposes of this code, any order, requirement, decision, determination, interpretation or ruling of the planning commission may be called up for council review upon written request by one member of the council within the time specified for an appeal.

B. No filing fee shall be required of a council member who calls for review of an action of the planning commission.

C. A call for review shall be processed in the same manner as an appeal. (Ord. 1738 § 56 (part), 2012)