§ 3.607. Denial and Appeal Procedure.

A.

If the Planning Director or his designee finds that the proposed project has not properly addressed one (1) of the review criteria listed in Section 3.605 of this article or there are other technical deficiencies identified by other City staff reviewers, and adequate resolution of the issue(s) can not be ensured by the applicant, the Planning Director or his designee shall deny the Design Review Application and state the reasons for the denial in a letter to the applicant.

B.

The applicant may appeal the Planning Director's decision to the Planning Commission if that appeal, including appeal fee, is made in writing to the Planning Director within fifteen (15) days of the decision. The appeal letter shall describe the unresolved issues and describe what design solutions are proposed by the applicant. The applicant shall be notified of the date of the Planning Commission meeting to consider the appeal, a minimum of fifteen (15) days prior to the public meeting.

C.

The decision of the Planning Commission shall be final unless an appeal to the City Council is made by the applicant in writing to the Planning Director within fifteen (15) days of the Planning Commission's decision. The appeal letter shall state the reasons for the appeal and be accompanied by the required fee. The applicant shall be notified of the date of the City Council meeting to consider the appeal a minimum of fifteen (15) days prior to the public meeting.

(Ord. No. 1772, 6-23-93)