A. Within ten working days of the Planning Commission's final decision, the applicant or any aggrieved party may file an appeal of that decision by filing with the Community Development Department a letter of appeal stating the reasons therefor and by submitting an appeal fee as set forth by resolution of the City Council. If the tenth working day falls on a weekend or holiday, an appeal may be filed on the next working day.
B. Appeal of Planning Commission actions shall be heard by the City Council in a public hearing as identified in Subsection D of this section.
C. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Commission until such time as the City Council has acted on the appeal as hereafter set forth in this title.
D. Upon receipt of a written appeal filed with the Community Development Department by the applicant, or opponent, as provided in this chapter, the Secretary of the Planning Commission shall advise the City Clerk and shall transmit all pertinent data of the case for review by the City Council.
1. Within not to exceed 60 days following the receipt of the written appeal the City Council shall conduct a duly advertised public hearing, public notice of which shall be given as provided in Chapter 15.76 of this title.
2. The City Council shall announce its findings and decision by resolution not more than 20 days following the hearing, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the City Council make the granting or denial of the Conditional Use Permit necessary to carry out the general purpose of this title, and shall order that the Conditional Use Permit be granted, denied or modified subject to such conditions and limitations as it may impose.
3. Not later than ten days following the adoption of a resolution ordering that a Conditional Use Permit be granted or denied, a copy of said resolution shall be mailed to the applicant or opponent or to both if they are different parties.
4. The action by the City Council upon Conditional Use Permits shall be by a majority vote of the entire City Council, except that a tie vote shall constitute a denial of the Conditional Use Permit. Upon a majority vote therefor, the City Council may, before the adjournment of any meeting, set aside any action taken at such meeting. Unless so set aside, a written resolution granting or denying a Conditional Use Permit shall be final upon the adjournment of the meeting at which such resolution is adopted.
(Ord. 3232 (part), 2016; Ord. 3131 (part), 2009; Ord. 2982, 2001: Ord. 3026, 2003).