(2)AR 082107 Amendment to Title 18

Browse Search

City Council Meeting — August 7, 2007 Zone Text Amendment, DAP -000-653 Page 8 of 11 18.58.07(C). This section has been removed from Section 18.58.07(C) and made into a separate section since it does not relate to appeals, but rather to a decision of the Commission regarding the referral of an extension or revocation of a land use application. An additional provision has also been included to allow the City Council, at its discretion, to refer these matters for consideration to a neutral hearing officer, to be selected as provided in the new Section 18.58.101. PROPOSED TEXT CHANGE (1) Add new Section 18.58.090 to be titled 'Referral of extension or revocation determination to city council." Include prior language from Section 18.58.070(C)(7), with change as shown: Notwithstanding any provision hereof giving the commission the power and authority to hear and determine whether there are grounds for an extension or a revocation of a land use entitlement, the commission may, at its discretion, decline to hear or determine the matter and instead may refer it to the city council. The city council may consider the foregoing matters, or may instead refer such matters to a neutral hearing officer, to be appointed as further specified in section 18.58.101. EXPLANATION OF PROPOSED TEXT CHANGE Section 18.58.100 Appeal procedure This new section includes most of the same language previously included as part of Section 18.58.070(C) regarding the appeal procedure. Section 18.58.07(C)(7) has been removed and included as its own Section 18.58.100 to make clear that it applies to extensions and revocations, and not appeals. The numbering has been revised to account for this change. An additional provision has been included to allow the City Council, at its discretion, to refer the matter for consideration to a neutral hearing officer, to be selected as provided in the new Section 18.58.101. This revised section also clarifies that the appeal process applies to the denial of all land use applications. The first sentence from Section 18.58.070 has been included in (C)(1) as shown below. PROPOSED TEXT CHANGE (1) Add new Section 18.58.100 to be titled "Appeal procedure." Include prior language from Section 18.58.070(C)(7), with changes as shown: C. Appeal Procedure. 1. The decision of the commission on all land use applications shall be final following a ten-day appeal period. The commission shall, within ten days from the date of denial action of any land use application, notify the applicant by forwarding a copy of the resolution to the address shown upon the application. 2. The action of the planning commission in denying an application shall be final and conclusive unless, within ten days following the receipt of notice of the action by the applicant, an appeal in writing is filed with the city council by the applicant.