Chapter 11.49 — APPEAL AND CITY COUNCIL CALL-UP PROCEDURES

Any determination by the director of community development authorized pursuant to the city zoning ordinance, shall be final and effective unless appealed to the planning commission by any interested party within 15 calendar days following issuance of such determination. Notice of such appeal must be filed in the office of the director of community development together with any required fees, and shall be accompanied by a written statement setting forth the reasons for the appeal.

The planning commission shall conduct a public hearing, with notification given in the same manner as for the original determination. Following such hearing the planning commission shall consider the matter and may affirm, reverse or modify the determination of the director of community development; provided, that, any reversal or modification shall be accompanied by a written statement setting forth the reason for the planning commission action. (Ord. 308 § 1, 2000)

Any determination by the planning commission shall be final and effective unless the determination is appealed by any interested party to the city council within 15 calendar days following the date of decision. Notice of such appeal must be filed in the office of the city clerk together with any required fees and shall be accompanied by a written statement setting forth the reasons for the appeal.

The city clerk shall set the matter for public hearing, giving notice in the same manner as for the original determination. Following such hearing the city council shall consider the matter and may affirm, reverse, or modify the determination of the planning commission; provided, that, any reversal or modification shall

be accompanied by a written statement setting forth the reason for the city council action. The determination of the city council shall be final and effective immediately. (Ord. 308 § 1, 2000)

When an appeal is properly filed, the determination appealed from is stayed. Any action taken pursuant to such determination prior to the expiration of the appeal period is at the risk of party taking such action. (Ord. 308 § 1, 2000)

In the event that an appeal is filed and not acted upon within 40 calendar days after the matter is submitted for decision then in that event, the previous decision shall be deemed affirmed. (Ord. 308 § 1 2000)

• A. Notwithstanding any appeal procedures or any other call-up procedures provided by law, the city council may call for the review of the following decisions of the planning commission at the meeting at which the planning commission's decision is reported to the city council:

  1. Any conditional use permit for commercial projects;

  2. Any conditional use permit in the RPD residential planned development zone, public and semipublic zone, institutional zone or mixed use zone;

  3. Any tentative map approval; and

  4. Any telecommunications permit.

• B. If called-up for review by a majority vote of the city council, the item will be heard de novo at a future city council meeting following notice pursuant to subsection C . If the city council does not so vote, the decision of the planning commission shall be final for city council call-up.

• C. All provisions for notice and hearing applicable to the planning commission for that type of decision, shall apply to the city council in conducting its review; provided, however, that if an appeal from a decision has been properly filed, the matter shall be conducted as an appeal subject to all applicable requirements for such appeals, rather than a review subject to this section.

• (Ord. 413 § 18, 2013)