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(a) Except where provided otherwise by Section 9-4.1809 of this chapter, the applicant or any aggrieved person, or City official may appeal a decision of the Community Development Director, or the Director’s designee, rendered pursuant to Section 9-4.2804 or Section 9-4.2805 of this article to the Planning Commission. The City Council may, on its own motion, elect to submit a decision by the Community Development Director, or the Director’s designee, to the Planning Commission for consideration and decision.
(b) Any appeal of an administrative decision made pursuant to this section shall be filed with the Community Development Director within ten (10) calendar days after an administrative decision is rendered. A referral by the City Council of an administrative decision to the Planning Commission may be made by majority vote of the City Council within ten (10) days after an administrative decision is rendered. An appeal may be commenced only by filing with the Community Development Department the required appeal form specifying the action the appellant requests the Commission to take. A fee prescribed by Council resolution shall be paid with the filing of the appeal; provided, however, no filing fee shall be charged or collected for any appeal filed on behalf of the City by a City officer, employee, board, or commission. An appeal of the Planning Commission decision shall be filed in accordance with Section 9-4.2808.
(c) The Planning Commission shall conduct one public hearing on the appeal in accordance with the requirements of this article, which hearing shall be noticed as required by Chapter 12 of this title. The Commission shall consider the matter de novo and shall approve, conditionally approve or deny the permit, administrative action, or entitlement for which application was originally made.
(§ 32, Ord. 1178-NS, eff. April 27, 1993, as amended by § 14, Ord. 1210-NS, eff. May 24, 1994, and Part 7, Ord. 1446-NS, eff. October 25, 2005)