17.72.040 Processing of appeals.
A. Scheduling of Hearing. When an appeal has been filed the planning director shall schedule the matter for a planning commission agenda, or the city clerk shall schedule the matter for a council agenda, as applicable to the appeal.
B. Appeal Report. After the appeal hearing has been scheduled, the director shall prepare a report on the matter, and forward the report to the appropriate appeal body.
C. Notice of Hearing. Notice of the appeal hearing shall be provided in the same manner as the notice given for the original action that is being appealed.
D. Decision on Appeal. During the appeal hearing the review authority may:
1. Consider any issue associated with the project for which a decision is being appealed, in addition to the specific grounds for the appeal;
2. Affirm, affirm in part, modify, or reverse the action, determination or decision that is the subject of the appeal, based on findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal;
3. Adopt additional or different conditions of approval that may address issues or concerns other than the subject of the appeal;
4. Deny the permit or action approved by the previous review authority, even where the appellant only requested a modification or elimination of one or more project aspects or conditions of approval; or
5. If new or different evidence is presented on appeal the review authority may refer the matter back to the planning director or planning commission, as applicable, for further consideration.
E. Finality of Decision. The findings, decision, and action of the council on an appeal shall be final.
F. Effective Date of Appeal Decision. A decision by the planning commission on an appeal is final and effective on the eleventh day after the decision, when no appeal to the decision has been filed with the council. A decision by the city council is effective as of the date of the decision. (Ord. 706 § 3 (Exh. A), 2019).