This chapter establishes procedures for the following:
(1) 
Commission's Review. The commission's review of a decision rendered by the director;
(2) 
Council's Review. The council's review of a decision rendered by the director or commission; and
(3) 
Other. The filing of an appeal by other than the commission or council, of a decision rendered by the director or commission.
(Ord. 1308 § 5, 2000)
(a) 
Review. The commission may choose to review a decision rendered by the director.
(b) 
Discussion.
(1) 
A member of the commission may request the opportunity to discuss any decision previously rendered.
(2) 
A majority vote of the commission is required to initiate an appeal of the decision.
(c) 
Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing by the director.
(Ord. 1308 § 5, 2000)
(a) 
Review. The council may choose to review a decision rendered by the director or commission.
(b) 
Discussion.
(1) 
A member of the council may request the opportunity to discuss any decision previously rendered.
(2) 
A majority vote of the council is required to initiate an appeal of the decision.
(c) 
Appeal. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing by the city clerk.
(d) 
Decision Final. The decision of the council on the appeal shall be final and shall become effective upon adoption of the resolution by the council.
(Ord. 1308 § 5, 2000)
An appeal filed by other than the council or commission, shall be heard by the following review authorities:
(1) 
Director Appeals. A determination or decision rendered by the director may be appealed to the commission; and
(2) 
Commission Appeals. A decision rendered by the commission may be appealed to the council.
(Ord. 1308 § 5, 2000)
(a) 
Timing and Form of Appeal.
(1) 
Appeal applications shall be submitted in writing and filed with the department or city clerk, as applicable to the review authority, on a city application form, before five p.m. of the tenth calendar day following the date the decision was rendered by the director or the commission, as applicable.
(2) 
An appeal by the original applicant from the decision of the commission shall be filed with the city clerk before five p.m. of the tenth calendar day following the date the decision was rendered by the commission. The council, by unanimous consent, may waive the ten calendar day requirement, and allow the filing of a late appeal.
(3) 
Any interested and aggrieved party owning land within a five hundred-foot radius of the exterior boundaries of the property under consideration may file an appeal before five p.m. of the tenth calendar day following the date the decision was rendered.
(4) 
Appeal applications addressed to the commission shall be filed with the department, while appeals addressed to the council shall be filed with the city clerk.
(5) 
The appeal application shall:
(A) 
Specifically state the pertinent facts of the case and the basis for the appeal;
(B) 
Be accompanied by the information identified in the department handout for appeal applications; and
(C) 
Be accompanied by the filing fee established by the city's fee resolution.
(b) 
Delay of Proceedings. Filing of an appeal shall delay all proceedings associated with the matter subject to the appeal (e.g., issuance of a building or grading permit, etc.), pending the city's final action on the appeal.
(c) 
Scheduling the Hearing. The director shall schedule the hearing within forty-five days of the filing of the appeal or the adoption by the commission or council of a motion to review an action, in compliance with Section 21.58.020 (Notice of Hearing) of this title and prepare a written report for consideration by the applicable review authority identified in subsection (a) of this section.
(d) 
Withdrawal. An appeal may not be withdrawn nor dismissed before the scheduled public hearing without approval of the director.
(e) 
Joining an Appeal.
(1) 
Only those persons who file an appeal within the ten calendar day appeal period in compliance with subsection (a) of this section, shall be considered appellants of the matter under appeal.
(2) 
Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with subsection (a) of this section.
(3) 
A person(s) shall not be allowed to join an appeal after the end of the ten calendar day appeal period.
(f) 
Action. The appeal hearing shall be considered a hearing de novo and the review authority may consider any issue(s) associated with the appeal, in addition to the specific grounds for the appeal.
(1) 
When reviewing an appeal the review authority may:
(A) 
By resolution, affirm, affirm in part or reverse the action, the determination, or decision that is the subject of the appeal;
(B) 
Adopt additional conditions of approval deemed reasonable and necessary, and may even address issues or concerns that go beyond the subject of the appeal; or
(C) 
Disapprove the land use entitlement approved by the previous review authority, even though 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, but shall not be required to, refer the matter to the director or commission, as applicable, for further consideration.
(g) 
Findings. When reviewing an appeal the review authority shall adopt findings in support of the in-tended action on the appeal. The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., Conditional Use Permit—Chapter 21.36, Precise Plan of Design—Chapter 21.44, Variances—Chapter 21.50, etc.).
(h) 
Mailing of Resolution. The director or city clerk, as applicable to the level of review authority, shall mail a copy of the resolution to the appellant, the applicant (if not the appellant), the commission, and the council after the decision is rendered.
(Ord. 1308 § 5, 2000; Ord. 1563 § 9, 2020)