Division 5 — APPEALS

(a)

Any action taken by the Planning Commission or the Director of Community Development in the administration and/or enforcement of the provisions of this chapter may be appealed as indicated in Table No. 30-22 by the applicant or any interested party. An appeal stays proceedings until a determination of the appeal has been made.

(b)

If the original review body fails to make its decision within the time limit specified for the various proceedings, the applicant may file an appeal with the City Council requesting a decision by that body. Such an appeal shall be made within 15 days after the expiration of the time limit specified for the hearing body to act.

Upon an appeal of a decision from the Director of Community Development, the Planning Commission shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, determination, interpretation, or ruling appealed from or make and substitute such other or additional decision or determination as it may find warranted under the provisions of this chapter. Where new evidence is submitted that affects or has a direct bearing on important planning considerations that could not be considered at the Director of Community Development level because such evidence was not there presented, the Planning Commission may return the matter to the Director of Community Development for action to be taken in light of such new evidence. The decision of the Planning Commission may be made either at the time of the appeal hearing or at a continued public meeting held within 30 days of the appeal hearing date.

Upon appeal from a Planning Commission decision, the City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, determination, interpretation or ruling appealed from or make and substitute such other or additional decision or determination as it may find warranted under the provisions of this chapter. Where new evidence is submitted that affects or has a direct bearing on important planning considerations that could not be considered at the Planning Commission level because such evidence was not there presented, the City Council may return the matter to the Planning Commission for action to be taken in light of such new evidence. The decision of the City Council may be made either at the time of the appeal bearing or at a continued public meeting held within 30 days of the appeal hearing date.

The application for appeal shall be in writing and shall be filed in the Planning Division upon forms provided by the City. An appeal of any action in the administration or enforcement of this chapter shall indicate specifically the reasons for appeal.

Any appeal shall be filed within 15 calendar days after the approving body has taken action.

Upon receipt of the notice of appeal, the body hearing the appeal shall set a date for hearing of the matter and give notice of the date, time and place of the hearing to the appellant at least ten days prior to the date of the hearing. The appeal hearing shall be scheduled no sooner than 30 days nor no later than 90 days from the date the application has been deemed complete. This time limit may be extended by mutual agreement of the City and the appellant.

(Ord. No. 1936, § 4(Exh. A), 12-12-23)