Chapter 17.305
APPEALS
Sections:
17.305.010 Right of review.
17.305.020 Requirements of request for appeal.
17.305.030 Notification of appeal.
17.305.040 Scope of review.
17.305.050 Decision.
17.305.060 Findings and order.
17.305.070 Reapplication following denial.
17.305.010 Right of review.
(1) A decision regarding the granting or denial of a staff-issued permit may be appealed to the planning commission by an appellant with standing by filing an appeal with the public works and development department within 15 days of the date the notice of the decision was mailed.
(2) A decision by the planning commission may be appealed to the city council by an appellant with standing by filing a notice of appeal with the public works and development department within 15 days of the date the notice of the decision was mailed.
(3) The council may review a planning commission decision on its own motion, in accordance with all of the procedural provisions of this chapter.
(4) In order to proceed with an appeal, the fee prescribed by the city council for purposes of proceeding with an appeal must be paid at the time the request for appeal is submitted to the city. The payment of such fee is a jurisdictional requirement for the appeal. [Ord. 381, 2006; Ord. 320, 2002; Ord. 148 § 21, 1989; Ord. 93 § 5.4.1, 1987].
17.305.020 Requirements of request for appeal.
A request for appeal shall contain all of the following:
(1) Identification of the decision to be reviewed.
(2) Statement of facts establishing the appellant has standing to appeal.
(a) In the case of an administrative decision, a person has standing if:
(i) The person was entitled to receive mailed notice of the decision; or
(ii) The person’s interests are adversely affected by the decision.
(b) In the case of a quasi-judicial decision by the planning commission, a person has standing if:
(i) The person appeared before the planning commission orally or in writing; and
(ii) The person’s interests are adversely affected by the decision.
(c) A person is “adversely affected” by a decision if the decision infringes upon the use and enjoyment of his or her property or otherwise detracts from his or her personal interests.
(3) Reasons the appellant feels aggrieved by the decision, and how the appellant feels the reviewing body erred in its decision. [Ord. 320, 2002; Ord. 148 § 21, 1989; Ord. 93 § 5.4.2, 1987].
17.305.030 Notification of appeal.
Written notice of the public hearing on an appeal shall be provided to the appellant; the applicant, if different; and all parties entitled to receive mailed notice prior to or after the original decision. This notification shall comply with CBMC 17.300.020(2). [Ord. 320, 2002; Ord. 148 § 21, 1989; Ord. 93 § 5.4.3, 1987].
17.305.040 Scope of review.
The scope of the review shall be limited to the issues raised in the request for appeal. The hearings body will consider evidence in the record, evidence submitted at the appeal hearing which is relevant to the issues under review, and oral or written arguments submitted at the time of the appeal hearing addressing those issues.
The record shall be comprised of:
(1) The notice of the decision.
(2) All written and illustrative evidence submitted by any party and considered in reaching the decision under review, including the staff report.
(3) A transcript, tape or minutes of the hearing. [Ord. 320, 2002; Ord. 148 § 21, 1989; Ord. 93 § 5.4.4, 1987].
17.305.050 Decision.
(1) The reviewing body may affirm, reverse, or modify the decision in whole or in part. When the reviewing body reverses or modifies a decision, it shall set forth its findings and state its reasons for taking this action as applied to the relevant required criteria and standards set forth in this title. If a matter is remanded back to the planning commission for further consideration, the council will state its reasons for so doing.
(2) A decision of the reviewing body shall require a two-thirds vote of the quorum present.
(3) The appellant and affected property owners shall receive written notice of the final decision within five days of the decision. [Ord. 320, 2002; Ord. 148 § 21, 1989; Ord. 93 § 5.4.5, 1987].
17.305.060 Findings and order.
The findings and order shall be prepared in accordance with Chapter 17.300 CBMC, Public Hearings. [Ord. 320, 2002; Ord. 148 § 21, 1989; Ord. 93 § 5.4.6, 1987].
17.305.070 Reapplication following denial.
After denial of a development proposal, no new application for the same area, or any portion thereof, may be submitted for a period of one year from the date of denial. However, the applicant may submit a written statement to the director of public works and development showing how the proposal has been sufficiently modified to overcome the findings for denial, or that conditions have changed sufficiently to justify reconsideration of the original proposal, or consideration of a similar proposal. Upon consideration of the statement, the director of public works and development may waive the one-year waiting period. [Ord. 320, 2002; Ord. 148 § 21, 1989; Ord. 93 § 5.4.7, 1987].