9.7640 Filing of Appeal of Planning Director’s Decision on Expedited Land Division or Middle Housing Land Division Application.
(1) Within 14 days of the date of the mailing of notice of the planning director’s decision on an Expedited Land Division application or a Middle Housing Land Division application, the decision may be appealed to the hearings official by:
(a) The applicant.
(b) Any group or individual who submitted written comments during the 14-day comment period identified in the notice mailed pursuant to EC 9.7910.
(2) The appeal shall be submitted on a form approved by the city manager, be accompanied by a deposit for costs established by the city manager pursuant to EC 2.020 City Manager – Authority to Set Fees and Charges and be received by the city no later than 5:00 p.m. on the 14th day after the notice of decision is mailed. The record from the planning director’s proceeding shall be forwarded to the hearings official. New evidence shall be accepted.
(3) The appeal shall include a statement of issues on appeal. The appeal statement shall explain specifically how:
(a) The Planning Director’s decision violates the substantive provisions of land use regulations applicable to the application;
(b) The Planning Director’s decision is unconstitutional;
(c) The application is not eligible for review under the procedures at EC 9.7900 through 9.7925; or
(d) The parties’ substantive rights have been substantially prejudiced by an error in procedure made by the city.