Chapter 19.80 — APPEALS

This chapter identifies the procedures for filing and processing an appeal. (Ord. 5428 § 1, 2014)

Any person aggrieved by an interpretation or action of the Planning Manager, Design Committee, or Planning Commission, made pursuant to this article, may appeal such action to the appropriate appeal authority, as shown in the following table, by filing a written appeal with the appropriate fee within 10 days from the date of action by the Planning Manager or the Committee’s/Commission’s action. If the 10th day falls upon a weekend or holiday the appeal period shall be extended to the end of the next available business day. All appeals shall be filed with the City Clerk’s office, except appeals of the Planning Manager’s action, which shall be filed at the Planning Division.

• Appeal of the Planning Manager’s decision on Design Review Permit modifications or Design Review Permit extensions would be heard by the Design Committee. (Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)

The Planning Division shall provide a standard form for the filing of an appeal of the action of the Planning Manager. The appeal shall be filed within 10 days from the date of action and with the Planning Division with such fees as may be established by the City Council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified. (Ord. 5428 § 1, 2014)

The City Clerk shall provide a standard form for the filing of an appeal of the action of the Design Committee or the Planning Commission. The appeal shall be filed with the City Clerk with such fees as may be established by the City Council. The appeal shall specify the action being appealed and shall state the specific grounds for the appeal. If only certain conditions of an approval are being appealed, the specific conditions shall be identified and the specific grounds for appeal of the conditions shall be specified.

(Ord. 5428 § 1, 2014)

A timely appeal of an action shall stay the effective date of the action, for that portion of the permit or variance being appealed, until the appeal has been acted upon or withdrawn. If only certain conditions are appealed, the effective date of approval shall remain the date of action by the Approving Authority.

(Ord. 5428 § 1, 2014)

The Planning Manager or the City Clerk, as provided above, shall give notice of the appeal authority’s public hearing to consider the appeal at least 10 days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice Type “B,” Section 19.78.020 of this title.

Such hearing shall be held within 45 calendar days from the last day of the appeal period. The appellant shall not be granted a continuance of the appeal beyond the 45-day period. However, should the appellant be the applicant of the project being appealed or if the applicant agrees to a delayed hearing beyond 45 days, the hearing may be held at a later date. (Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)

• A. Each appeal shall be considered to be a de novo hearing on the matter being appealed. The appeal authority may grant the appeal, grant the appeal in part, or deny the appeal. In taking its action on an appeal, the appeal authority shall state the basis for the action being taken on the appeal, and may refer the matter back to the original Approving Authority for further action. The appeal authority may modify or delete any conditions which have been appealed, or add such conditions as may be necessary to address the issues being appealed, or may modify or delete any other conditions of approval which are necessarily related to those which have been appealed. Any condition which was not appealed, and which has not been modified or deleted upon appeal, shall remain unaffected.

• B. Having received notice of the appeal authority's public hearing to consider the appeal, an appellant failing to appear at the public hearing will be found to have failed to exhaust their administrative remedies and the appeal will be denied. In such case, the appeal authority's decision on the appeal is final and may not itself be appealed.

• (Ord. 5428 § 1, 2014; Ord. 6829, 6/19/2024)

The Council may refer a matter back to the Approving Authority if the Council finds that there is information that was not made available to the Approving Authority which may have affected the decision. The Approving Authority shall hold a public hearing on the matter within 60 days following the City Council’s date of referral.

(Ord. 5428 § 1, 2014)

The decision of the City Council on an appeal is final, except as allowed under the provisions for reconsideration (Section 19.76.190 ).

(Ord. 5428 § 1, 2014)