Chapter 17.120
APPEALS
Sections:
17.120.010 Review of planning commission recommendations.
17.120.010 Review of planning commission recommendations.
When a recommendation of the planning commission regarding applications for a final subdivision plat, zoning ordinance amendment, zone change or annexation is brought before the city council, the council may affirm, reverse, or modify the recommendations of the planning commission. The council may not reverse a recommendation of the planning commission denying an application unless it shall, on the basis of the record transmitted to it and on the basis of such additional evidence as may be submitted, be able to make the findings prerequisite to the approval of the application as prescribed by the appropriate chapter of this title. [Ord. 23-418-O § 124 (Exh. A-4)].
17.120.020 Appeal.
Within 12 days following the date of a decision by the planning commission regarding applications for a conditional use permit, variance, planned unit development, site design review, conversion plan approval, or renewal of a permit, the decision may be appealed in writing to the city council by the applicant or any other affected party.
For purposes of this section, the “date of a decision” shall be the date on which the findings of fact or final order is mailed.
Appeal shall be filed with the city recorder and shall be made on forms provided for such purpose or otherwise prescribed by the planning commission. If no appeal is taken within the 12-day period, the decision of the review body shall be considered final.
Upon appeal the city council shall review the record made below and conduct a hearing at which argument will be allowed and new or additional evidence may be presented upon a showing that consideration of such evidence could not have been offered at the initial hearing stage in the exercise of due diligence.
The city council shall set a date for public hearing and shall give notice thereof in the manner provided in RRMC 17.100.040.
The decision by the city council shall be final and have immediate effect. Notice of the city council action on an appeal shall be mailed to the applicant at the address or destination shown on the application. [Ord. 23-418-O § 124 (Exh. A-4)].