23.410.040 Hearing and Decision.
A. Scheduling of Hearing.
1. Upon receiving an appeal, the Department shall schedule a hearing with the appropriate review authority.
2. For appeals of projects denied due to conflicting decisions of the ZAB and Landmarks Preservation Commission, the City Council shall schedule a hearing at the earliest feasible date after the final ZAB or Landmarks Preservation Commission action.
3. Any appeal of a Design Review decision shall be heard by the review body within 45 days of the appeal filing.
4. All appeals on a single project shall be considered together at the same hearing.
B. Public Notice. Notice of appeal hearings shall be given in accordance with Section 23.404.040 (Public Notice).
C. Staff Report and Materials. Before the hearing, Department staff shall prepare a staff report describing the appeal with relevant supporting materials.
D. Hearing Procedures. Public hearings on an appeal shall be conducted in accordance with applicable procedures in Section 23.404.040 (Public Notice).
E. De Novo Review.
1. The review authority may take action on the subject of the appeal or any aspect of the appealed project (de novo review), except as provided in Paragraph (2) below.
2. For appeals of Design Review decisions, the review authority may take action only on design-related issues.
F. Public Comment. The review authority may consider written correspondence concerning the appeal that is submitted after the appeal is filed, as well as any other information or evidence permitted under the Council Rules of Procedure.
G. Action. At the appeal hearing, the review authority may:
1. Continue the public hearing;
2. Modify, reverse, or affirm, wholly or partly, any decision, determination, condition or requirement of the prior review authority; or
3. For appeals to the City Council, remand the matter to the prior review authority to reconsider the application, and/or any revisions to the application submitted after the review authority’s action.
H. Criteria for Decision.
1. When acting on an appeal, the appeal review authority shall use the same decision-making criteria and shall make the same findings as the prior review authority.
2. The review authority’s action shall be based upon findings of fact about the appeal and shall identify the reasons for action on the appeal. In doing so, the appeal review authority may adopt the prior review authority’s decision and findings as its own.
I. Timeframe for Action--Use Permit and Variance Appeals. If the City Council does not act on a Use Permit or Variance appeal within 30 days from the date the public hearing was closed by the City Council, then the decision of the ZAB shall be deemed affirmed and the appeal denied.
J. Board Action on Remand.
1. A ZAB decision on an appeal remanded by the City Council may be appealed in the normal manner unless otherwise directed by the City Council.
2. If the ZAB does not act within 90 days after an appeal is remanded by the City Council, the original appeal of the ZAB’s decision shall be placed back on the City Council agenda in the same manner as a new appeal.
K. Effective Date of Appeal Decisions.
1. City Council Decision. The City Council’s decision on an appeal is final and becomes effective on the date the decision is made.
2. ZAB Decisions. Decisions on appeals made by the ZAB becomes effective 14 days after the mailing of the Notice of Decision. (Ord. 7787-NS § 2 (Exh. A), 2021)