§ 16.132.050. Appeals

A. An action or ruling of the planning staff pursuant to this chapter may be appealed to the planning commission within fifteen (15) days after the planning staff has rendered written findings. If the appeal is not filed within the fifteen (15) day period, the decision of the planning staff shall be final. If the appeal is filed, the planning commission shall receive a report and recommendation from the planning staff and shall hold a public hearing pursuant to the process for appeals in this section.

B. An action or ruling of the planning commission pursuant to this chapter may be appealed to the city council within fifteen (15) days after the planning commission has rendered written findings. If the appeal is not filed within the fifteen (15) day period, the decision of the planning commission shall be final. If the appeal is filed, the city council shall receive a report and recommendation from the planning commission and shall hold a public hearing on the appeal.

C. Written notice of an appeal shall be filed with the city and accompanied by the appropriate filing fee.

D. An application for an appeal shall include the specific rationale for the appeal with sufficient clarity to allow the city and respondents an adequate opportunity to respond to or resolve each issue.

E. A notice of an appeal shall be sent to the applicant, interested or affected parties who participated at the initial or final hearing and who filed a written request for notice of appeals, or others required by law. The notice shall be mailed at least twenty (20) days before the hearing on the appeal.

F. Review by the city council shall be accomplished in accordance with its own adopted rules of procedure. The city council may allow, on its own motion, additional public testimony. If no such motion is made and allowed, review shall be based solely on the record before the city council, including all exhibits, the transcripts, and the written findings of the planning commission. The city council may continue the hearing in order to consider the application fully.

G. The city council may affirm, rescind, or amend the action of the planning commission, and may reasonably grant approval subject to conditions. The city council may also remand the matter back to the planning commission for additional information. The city council shall cause written findings to be adopted justifying the decision on the basis of the record before it. The decision of the city council shall be final upon the adoption of the written findings unless judicial review or appeal is sought within the applicable time limit.

(Ord. 2001-5 §§ 4, 5; prior code § 10.845)