16.78.060 Submission of Materials.

All substantive, evidentiary, and technical materials, including, but not limited to: geologic/seismic reports, traffic studies, noise studies, biological studies, and any other scientific studies; any visual simulations; and any comparative analytical or statistical report submitted by any interested party to be considered by the city council or planning commission, shall be submitted to the director no later than nine (9) days prior to the scheduled date for consideration by the city council, and no later than nine (9) days prior to the scheduled date for consideration by the planning commission.

Materials submitted after the required number of days prior to the scheduled date for consideration shall be considered in the sole discretion of the planning commission or city council upon a showing of good cause, such as materials which were unavailable at the above deadline. Materials which may be submitted at the time of the hearing include petitions, group or individual letters, photographs, renderings, and presentational aids.

(Ord. 430-10 § 12, 2010)

16.78.070 Withdrawal of Appeals.

Any appeal filed pursuant to Section 16.78.020 (Appeal of Action) may be withdrawn by an appellant by filing such withdrawal in writing at least seventy-two (72) hours before the matter is noticed to be heard. In such case, and if no other appeal of the same matter has been filed and not withdrawn, the matter will be removed from consideration and the prior decision shall become final.

(Ord. 430-10 § 12, 2010)

16.78.080 Appeal Hearing and Decision.

   A.   Appeal of Director Actions and Planning Commission Actions. In hearing an appeal, the appeal body may take any of the following actions:

      1.   Affirm or deny on the basis of the issues appealed or continue the public hearing to a date and time certain.

      2.   Set the matter for a new hearing at which time it may affirm, affirm in part, or reverse or otherwise modify the previous determination that is the subject of appeal.

      3.   A decision by an appeal body to continue a public hearing pursuant to Section 16.78.080.A.1. or to set a matter for a new hearing pursuant to Section 16.78.080A.2. may not be appealed. A majority vote of the appeal body is required to grant any appeal of a lower decision making body.

   B.   Appeal of an Environmental Determination. The hearing date shall be set within thirty (30) days of the submittal of complete appeal materials pursuant to Section 16.78.030D (Form and Content), and the hearing date shall be no later than the second regular meeting of city council subsequent thereto. A majority vote of the city council is required to certify the environmental document or uphold the environmental determination.

(Ord. 544 § 41, 2019; Ord. 430-10 § 12, 2010)

16.78.090 Effective Date of Appealed Actions.

An action of the director, appealed to the planning commission shall not become final until upheld by the planning commission, unless it is withdrawn pursuant to Section 16.78.070 (Withdrawal of Appeals). An action of the planning commission or an environmental determination appealed to the city council shall not become final unless and until upheld by the city council, unless it is withdrawn under Section 16.78.070 (Withdrawal of Appeals). The city council's decision shall be final. Any appealed action that is withdrawn under Section 16.78.070 (Withdrawal of Appeals) shall be considered final and effective on the date the city receives the written withdrawal of the final appeal related to it.

(Ord. 430-10 § 12, 2010; Ord. 182 § 2 (part), 1997)