If the Director of Development Services denies the request for a waiver of obligation to install improvements, a written application for appeal on forms provided by the Development Services Department shall be filed with the City Clerk’s Office to appeal such denial and shall be accompanied by the required appeal fee(s). Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which the claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. The appeal shall be heard by the Planning Commission. Said application must be filed within 10 business days from the date on which the Director of Development Services made their ruling, be accompanied by the required appeal fee, and include a written statement specifically describing all of the bases of the appeal and shall provide supporting documentation.

Following the filing of a complete application, including all associated fees, the City Clerk’s Office shall notify the Director of Development Services who shall take no longer than 30 calendar days to set a hearing before the Planning Commission at a regularly scheduled meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final. (Ord. 3563 § 4, 2024; Ord. 3544 § 12, 2023; Ord. 3223 § 1, 2012).