A. Timing and Form of Appeal. Appeals shall be submitted in writing and filed with the Division or City Clerk, as applicable, within 15 days after the decision date identified in the notice of decision. Appeals addressed to the Commission shall be filed with the Division, while appeals addressed to the Council shall be filed with the City Clerk. The appeal shall specifically state the pertinent facts of the case, and the basis for the appeal as required by Subsection 17.640.030.C. (Required Statement and Evidence) below. Appeals shall be accompanied by the filing fee established by the City Council Fee Resolution.
The number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day, where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed.
B. Report and Scheduling of Hearing. When an appeal has been filed, the Director shall prepare a report on the matter and schedule the matter for consideration by the appropriate review authority.
C. Required Statement and Evidence.
1. Applications for appeals shall include a general statement, specifying the basis for the appeal and the specific aspect of the decision being appealed.
2. Appeals shall be based upon an error in fact, dispute of findings or inadequacy of conditions to mitigate potential impacts.
3. Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.
D. Action. If the matter originally required a noticed public hearing, the Division or City Clerk, as applicable, shall notice the hearing in compliance with § 17.640.035 (Notice for Appeal Hearings). At the hearing, the review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.
1. By resolution, the review authority may affirm, affirm in part, or reverse the action, determination or decision that is the subject of the appeal.
2. When reviewing an appeal, the review authority may amend or adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal.
3. When reviewing an appeal, the review authority may disapprove the land use entitlement approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.
4. If new or different evidence is presented on appeal, the Commission or Council may, but shall not be required to, refer the matter back to the Director or Commission for further consideration.
(Ord. No. 2005-007 § 1 (part))