A. Eligibility.
1. An appeal in compliance with this Chapter may be filed by any aggrieved person(s), which includes a Council member acting as a private individual and in compliance with the provisions of this Chapter.
2. For purposes of this Chapter an aggrieved person(s) is a person who informed the City of his or her concerns about an application for a permit or approval at a public hearing, either in person or through a representative, or by other appropriate means (e.g., in writing), or was unable to do so for good cause and pays the applicable fee in compliance with the Planning Fee Schedule; and
a. Objects to the action taken on the permit or approval;
b. Completes the required City appeal form completely and accurately. The appeal will not be deemed complete and timely filed until all information on the appeal form is verified by the office receiving the appeal form; and
c. Wishes to appeal any appealable action to a higher review authority.
3. Any action or decision by the Commission, Director, or Department staff in compliance with this Zoning Code may be appealed by the Council, acting as a full body.
B. Timing and Form of Appeal.
1. Form and Contents of the Appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal. The written appeal shall include all of the following:
a. The name and address of the appellant(s);
b. The decision that is being appealed, the date of the decision, and the name of the officer, Commission, or Department staff member rendering the decision;
c. The specific reconsideration(s)/change(s) which the appellant seeks;
d. A summary of the reason(s) why the appellant claims he or she is entitled to the reconsideration(s)/change(s) sought, including the pertinent facts and the basis for the appeal, which shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous review authority (e.g., Commission, Director, or other City official) in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record, except for appeals filed by the Council acting as a full body; and
e. Payment of the appeal filing fee, in compliance with the Planning Fee Schedule, except for appeals filed by the Council acting as a full body.
2. Filing of the Appeal. The written appeal shall be filed with the Commission Secretary or City Clerk, as applicable, within 10 calendar days following the actual date the decision was rendered.
a. Appeals addressed to the Commission shall be filed with the Commission Secretary; and
b. Appeals addressed to the Council shall be filed with the City Clerk.
3. Suspension of Project. Once an appeal is filed, any action on the associated project is suspended until the appeal is processed and a final decision on the appeal is rendered.
C. Scope of Planning Permit Appeals. The formal written appeal regarding a decision on a permit or approval shall be limited to issues raised at the public hearing, if one was required, or in writing before the decision, or information that was not known by the applicable review authority at the time of the decision that is being appealed.
D. Report and Scheduling of Hearing.
1. Upon receipt of a completed written appeal, together with the appeal fee, the appeal hearing shall be scheduled as follows:
a. Appeals addressed to the Commission shall be set by the Commission Secretary, within 60 days of the filing of the complete appeal; and
b. Appeals addressed to the Council shall be set by the City Clerk, within 45 days of the filing of the complete appeal.
2. When an appeal has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing, if required, by the appropriate review authority identified in Table 6-1 (Review Authority) and Section 10.114.020 (Appeal Subjects and Jurisdiction), above.
3. Notice of the hearing, if required, shall be provided, and the hearing shall be conducted, in compliance with Chapter 10.116 (Public Notices and Hearings).
4. Any interested party may appear and be heard regarding the appeal.
E. Decision.
1. During the appeal hearing, the review authority shall not be limited to those issues raised by the appellant in the formal written appeal, and may include any aspect of the subject permit or approval, whether or not originally considered as part of the decision being appealed. The review authority may:
a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or non compliance of the subject of the appeal with this Zoning Code;
b. Affirm the action and adopt additional, amended, and/or replacement conditions of approval; or
c. Deny the permit or approval approved by the previous review authority, even where the appellant only requested a modification or elimination of one or more conditions of approval.
2. If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the Director or Commission, as applicable, for further consideration.
3. Within 30 days of the appeal hearing, the review authority shall render its written decision on the appeal, unless it is continued for good cause.
4. In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.
F. Effective Date of Appeal Decision.
1. Commission’s Decision. A decision by the Commission is final and effective after close of business on the 10th day following the actual date the decision is rendered, when no appeal to the decision has been filed with the Council in compliance with Chapter 10.114 (Appeals).
2. Council’s Decision. A decision by the Council is final and shall be effective on the date the decision is rendered. (Ord. 935 § 3 (part), 2015)