A. Where, at the conclusion of a hearing on an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee, the city council, by majority vote, decides to deny the appeal, the Council shall affirm such decision, determination or order, and where required by law, make such findings of fact as may be necessary to support the decision, determination or order, either by adopting the findings of fact made by such board, commission, officer or employee in full or by making its own findings of fact. Provided further, that where the city council, for any reason, is unable to arrive at a majority decision on whether to deny or grant an appeal, the appeal shall, nevertheless, be deemed denied and the decision, determination or order of the city board, commission, officer or employee which is the subject of the appeal affirmed in full.
B. Where, at the conclusion of a hearing on an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee, the city council, by majority vote, decides to grant the appeal, the council shall take the following action:
1. If the appeal was from a decision or determination of a city board, commission, officer or employee to deny a lease, license, permit or other entitlement, the city council may approve such lease, license, permit or other entitlement subject to such terms and conditions as the council deems proper, and adopt such findings of fact as may be required by law to support such action. In the alternative, the council may approve the lease, license, permit or other entitlement in the manner provided herein, but remand the matter back to the city board, commission, officer or employee having made the initial decision on the matter for the purpose of making a determination on the terms and conditions of the lease, license, permit or other entitlement.
2. If the appeal was from a decision or determination of a city board, commission, officer or employee to approve a lease, license, permit or other entitlement, or from an order of a city officer or employee directing performance of some act, the city council may deny such lease, license, permit or other entitlement or cancel such order, and adopt such findings of fact as may be required by law to support such action. In the alternative, the city council may approve the lease, license, permit, or other entitlement, but modify the terms and conditions of same after making such findings of fact as may be required by law to support such actions.
(Ord. 2004 §4 (part))