The applicant or other interested person may appeal from the decision of the Planning Commission granting or denying any conditional use permit within their jurisdiction, to the City Council within 10 business days from the date on which the decision was made. Said appeal shall be in writing, accompanied by the required appeal fee(s), and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein that the decision of the Planning Commission was in error and specifically identify all of 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. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the City Council.

Where an application is neither approved nor denied by the Planning Commission due to a failure to achieve a majority vote, the applicant shall have the right to a rehearing at the next Planning Commission meeting with an opportunity to appeal the decision of the rehearing to the City Council, or may appeal directly to the City Council without payment of additional fees. The choice of alternatives shall be at the discretion of the applicant. All other proceedings pertaining to appeals shall continue to apply. (Ord. 3563 § 11, 2024; Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.1306(A)).