An applicant or other interested party may appeal a decision of the Community Development Director to the Planning Commission and a decision of the Planning Commission to the City Council. An appeal shall be processed as follows:
A. Filing An Appeal: The appellant shall file a written notice of appeal with the City Clerk no later than fifteen (15) days after the date of the decision. The notice of appeal shall be accompanied by a fee in the amount established by resolution of the Council, as well as documentation supporting the basis for the appeal, including if applicable, the tree removal permit application, tree replacement plan, a report by a registered consulting arborist and any certified arborist report(s).
B. Scheduling: The City Clerk shall set the time, date, and location for a hearing on the appeal. The hearing shall not be set sooner than fifteen (15) calendar days from the date the appeal was received. Notice of the time and place of the hearing will be sent to the appellant and the owner of the property where the tree is located (property owner), if not the appellant. Failure to receive the notice of hearing shall not invalidate the proceedings under this section. At the hearing, the appellant and the property owner, if not the appellant, shall have the right to be heard and to present testimony and other evidence in support of the appeal.
C. Determination: Upon consideration of reports, evidence, and testimony presented, the Planning Commission or City Council, as applicable, shall:
1. Affirm, modify, or reverse the action of the Community Development Director or Planning Commission, as applicable; or
2. Refer the matter back to the Community Development Director or Planning Commission, as applicable, for further review and consideration.
D. Decision Is Final: The decision of the City Council shall be final and conclusive in all respects.
(Ord. O-20-1369, 2-10-2021)