1.36.265 Decision on appeals.
A. In considering appeals, the Hearing Examiner shall do one of the following:
1. Affirm the decision;
2. Reverse the decision;
3. Affirm the decision with modifications; or
4. Remand the decision to the appropriate department director for further consideration. The Hearing Examiner shall include in the order the issues to be reviewed on remand.
B. Conditions. The Hearing Examiner may include conditions as part of a decision granting, or granting with modifications, an appeal to ensure conformance with this code, the City’s comprehensive plan or any other applicable laws or regulations. Conditions included may not direct or burden City resources.
C. Written Decision. Within 10 working days after completion of the public hearing, unless the parties and the Hearing Examiner have agreed to an extension of time, the Hearing Examiner should issue a written decision on the appeal which contains the following:
1. The decision of the Hearing Examiner granting or denying the appeal in whole or in part;
2. Any conditions included as part of the decision on the appeal;
3. Findings of facts upon which the decision, including any conditions, is based and the conclusions of law derived from those facts; and
4. A statement of the right of a person with standing to appeal the decision.
If the Examiner is unable to issue a written decision within 10 working days, the Examiner shall inform the applicant, appellant, and the Community and Economic Development Department that additional time will be required and shall provide an estimated date for issuance of a decision on the appeal.
D. Distribution. The Hearing Examiner or designee shall email a copy of the written decision to the applicant, the appellant, the applicable department director, and any person requesting the written decision or who submitted substantive comments on the application prior to the decision, unless prior to the decision, a party to the decision communicates to the Hearing Examiner in writing that they are unable or unwilling to accept receipt of the decision by email, at which point, such a party shall provide a mailing address so that the Hearing Examiner or designee may mail a decision to that party.
E. Publication. The Hearing Examiner or designee shall provide the written decision to the City Clerk for publication on the City’s website where it shall remain posted for 30 calendar days. [Ord. 738 § 2 (Exh. A), 2020; Ord. 726 § 2 (Exh. A), 2019; Ord. 585 § 7, 2014.]