Division 1 — APPEALS

(A) Appeal of Planning Director actions. All actions and decisions of the Planning Director authorized by this Title 16 may be appealed to the Planning Commission. All such appeals must be filed in writing with the Planning Commission Secretary.

(B) Appeal of City Engineer and Building Official actions. All actions of the City Engineer and Building Official authorized by this Title 16 may be appealed to the Planning Commission. All such appeals must be filed in writing with the Planning Commission Secretary.

(C) Appeal of Planning Commission actions. All actions and decisions of the Planning Commission authorized by this Title 16 may be appealed to the City Council. All such appeals must be filed in writing with the City Clerk.

(D) Persons eligible to file an appeal. Any person may appeal a decision or action of the Planning Director, City Engineer, Building Official, or Planning Commission in accordance with the terms of this Division 1 of Chapter 16.206.

(Ord. 1104, passed 7-19-04; Am. Ord. 1189, passed 3-3-08)

All appeals must be filed within 10 calendar days of the date of the rendering of the decision. If the tenth day occurs on a holiday or weekend, the appeal period is extended to the next city workday. No appeal can be accepted after the appeal period expires.

(Ord. 1104, passed 7-19-04; Am. Ord. 1189, passed 3-3-08)

The timely filing of an effective appeal or the timely adoption by the City Council of an order of review stays a decision to which the appeal or order of review relates, pending a review of the matter. (Ord. 1189, passed 3-3-08)

(A) All appeals must be submitted in writing on a form to be provided by the city. The appeal must specifically state the grounds for the appeal and specifically state instances in which the reviewing official or body erred in reaching the determination.

(B) An appeal fee must be paid concurrent with filing of the appeal in accordance with the fee schedule established by City Council resolution.

(Ord. 1104, passed 7-19-04; Am. Ord. 1189, passed 3-3-08)

Within 14 calendar days upon receipt of an appeal, the Planning Commission Secretary (in the case of an appeal of a Planning Director, City Engineer, or Building Official decision) or the City Clerk (in the case of an appeal of a decision by the Planning Commission) must set the matter for public hearing.

(Ord. 1104, passed 7-19-04; Am. Ord. 1189, passed 3-3-08)

Notwithstanding any other provision of this Division 1, the City Council may, by majority vote of its total membership and at any time before a Planning Commission decision becomes final, issue an order for a de novo review of a Planning Commission decision. Such an order must be entitled an "order of review." The City Council may, by resolution, adopt policies and procedures for implementing this section. (Ord. 1189, passed 3-3-08)

All actions to affirm, reverse, or modify in whole or part any decision of the Planning Director, City Engineer, Building Official, or Planning Commission must be made by resolution stating the findings for the affirmation, reversal, or modification.

(Ord. 1104, passed 7-19-04; Am. Ord. 1189, passed 3-3-08)

Notice of time and place of a public hearing for an appeal must be given pursuant to Chapter 16.204 of this Title 16. (Ord. 1159, passed 6-19-06; Am. Ord. 1189, passed 3-3-08)