1.35.360 Process on appeal.
An appeal from a department director’s decision on an application for an administrative permit shall be processed as follows:
A. The appeal shall include a statement of why the appellant believes the applicable department director’s decision is in error. The fee for appeals shall be shown in Chapter 3.104 LMC. The timely filing of an appeal shall stay the effective date of the applicable department director’s decision until such time as the appeal is adjudicated by the city council or is withdrawn.
B. Within five working days following the timely filing of an appeal, notice thereof and of the date, time and place for city council consideration shall be mailed to the proponent and to all other parties of record. Such notice shall additionally indicate the deadline for submittal of written comments as prescribed in LMC 2.22.100.
C. An applicable department director’s decision which has been appealed shall come up for city council consideration in open public meeting no later than 30 working days from the date the appeal was filed. The city council shall consider the matter based upon information contained in the written record before the applicable department director, the applicable department director’s decision and the appeal.
D. The city council may accept, modify or reject the applicable department director’s decision, or any findings or conclusions therein, or may remand the decision to the applicable department director for further consideration. A decision by the city council which modifies or rejects the decision by the city council which modifies or rejects the department director’s decision shall not be made until the city council has held a properly advertised public hearing, and shall be supported by findings and conclusions.
E. If, prior to city council action on the appeal of the department director’s decision, the council identifies additional conditions that should be required, and the applicant stipulates in writing his acceptance of those conditions, the council may adopt those additional conditions without further public hearings; provided, that these conditions:
1. Would not waive nor reduce any of the conditions recommended by the applicable department director or any code requirements; and
2. Would not increase the intensity of development, nor significantly alter the design or uses allowed by the proposal.
Any decision by the applicable department director shall reference the above provisions.
F. If it appears to the city council that there is additional information which should have been supplied to the applicable department director, or otherwise feels that the applicable department director should reconsider his decision, the city council shall remand the decision to the applicable department director for further consideration and may specify information to be considered or to be provided by city departments, or others. (Ord. 2699 § 5, 2007; Ord. 1909 § 14, 1992)