Chapter 28.05 — STAFF HEARING OFFICER

• A. Staff Hearing Officer authority. The Staff Hearing Officer means the Community Development Director or his or her designee. For purposes of this title, the Staff Hearing Officer shall have the authority to investigate, approve, approve with conditions, or deny applications for development as specified in this title. Notwithstanding any provision of this code designating the Staff Hearing Officer as the reviewing body, if an application requires review by the Planning Commission under any provision of this code, then all discretionary review of the application shall be conducted by the Planning Commission.

• B. Compatibility criteria. In making those land use decisions authorized for the Staff Hearing Officer by Title 28 of the municipal code, the Staff Hearing Officer shall take into consideration the comments of the Architectural Board of Review provided pursuant to the requirements of Section 22.68.045 or the comments of the Historic Landmarks Commission pursuant to Section 30.220.020 (as the appropriate case may be) and, in issuing a project approval or a project denial, the Staff Hearing Officer shall provide written comments on how the ABR or HLC comments affected the Staff Hearing Officer's land use decision.

• (Ord. 5380, 2005; Ord. 5464, 2008)

Where authorized by this title, decisions of the Staff Hearing Officer may be suspended or appealed in accordance with the following procedures:

• A. Suspensions. The Chairperson, Vice Chairperson or other designated member of the Planning Commission may take action to suspend any decision of the Staff Hearing Officer and to schedule a public hearing before the Planning Commission to review said decision. The notice of suspension must be filed with the Community Development Department within 10 calendar days of the date of the Staff Hearing Officer's decision. The Community Development Department shall prepare a report to the Planning Commission with staff recommendations, including all maps and data and a statement of findings setting forth the reasons for the Staff Hearing Officer's decision. The Planning Commission shall affirm, reverse, or modify the decision of the Staff Hearing Officer after conducting a public hearing. Notice of the time and place of the public hearing shall be given in accordance with the notice required for the public hearing before the Staff Hearing Officer. Any review of a decision of the Staff Hearing Officer pursuant to this subsection A shall be consolidated with and heard at the same time as any timely appeal of said decision.

• B. Appeals. The decisions of the Staff Hearing Officer may be appealed to the Planning Commission by the applicant or any aggrieved person. The appeal must be filed with the Community Development Department within 10 calendar days of the date of the Staff Hearing Officer's decision. The appellant shall state specifically in the appeal how the decision of the Staff Hearing Officer is not in accord with the provisions of this title or how it is claimed that there was an error or an abuse of discretion by the Staff Hearing Officer. Except for appeals of actions taken pursuant to Chapter 28.44 , the appellant shall pay at the time the appeal is filed a fee for such appeal as provided by resolution of the City Council. The Community Development Department shall prepare a report to the Planning Commission with staff recommendations, including a statement of findings setting forth the reasons for the Staff Hearing Officer's decision. The Planning Commission shall affirm, reverse, or modify the decision of the Staff Hearing Officer after conducting a public hearing. Notice of the time and place of the public hearing shall be given in accordance with the notice required for the public hearing before the Staff Hearing Officer; however, in addition to any other required notice, written notice shall be sent by first-class mail to the appellant.

ommission shall affirm, reverse, or modify the decision of the Staff Hearing Officer after conducting a public hearing. Notice of the time and place of the public hearing shall be given in accordance with the notice required for the public hearing before the Staff Hearing Officer; however, in addition to any other required notice, written notice shall be sent by first-class mail to the appellant.

• C. Appeals of decisions of Planning Commission on suspensions or appeals from the Staff Hearing Officer. The decisions of the Planning Commission on suspensions or appeals from decisions of the Staff Hearing Officer may be appealed to the City Council by the applicant or any aggrieved person pursuant to the provisions of Chapter 1.30 . In addition to the procedures specified in Chapter 1.30 , notice of the public hearing before the City Council on an appeal from a decision of the Planning Commission regarding a decision of the Staff Hearing

Officer shall be provided in the same manner as notice was provided for the hearing before the Planning Commission. At the time of filing an appeal, the appellant shall pay a fee in the amount established by resolution of the City Council.

(Ord. 5380, 2005)