A. Type III Reviews. The city council shall hear all Type III actions. The city council action on such requests shall be the final action of the city on the request.

B. Appeals. The city council shall hear appeals of all planning commission actions conducted pursuant to Chapter 17.204. The appeal hearing shall be conducted in a manner consistent with Chapter 17.196. The action of the planning commission shall be final and the council shall not hear the appeal if the appeal period has lapsed.

C. All hearings or reviews required by the city council shall be heard within thirty (30) days of the planning commission’s written decision or appeal request. In no instance, however, shall this period extend the date of the hearing and final action beyond one hundred twenty (120) days from the date of the initial submission of a complete application, unless voluntarily agreed to by the applicant.

D. The decision shall be made by the city council and written findings prepared listing findings for approval or denial, and any conditions of approval, within two weeks of the hearing by the city council. In no case, however, shall this decision and the preparation of written findings extend beyond one hundred twenty (120) days from the date of initial submittal of a complete application, unless voluntarily agreed to by the applicant. (Ord. 619, 2003)

Actions on quasi-judicial requests shall be conducted at public hearing pursuant to the city council’s adopted rules of procedure. The city council shall allow opportunity for all parties to be heard and may accept new evidence. (Ord. 619, 2003)

A. Review on Record. Except as set forth in Section 17.200.030(B), the city council review of an appeal on an action by the planning commission shall be confined to the record of the initial proceeding. Parties may offer testimony regarding alleged errors in the planning commission action. The meeting shall be conducted as set forth in the city council’s adopted rules of procedures. The record of the initial proceeding shall include:

1. All materials, pleadings, memoranda, stipulations and motions submitted by any party to the proceeding and received or considered by the planning commission as evidence;

2. All exhibits submitted by the city staff with respect to the application;

3. The transcript of the hearing; and

4. The findings and action of the planning commission and the notice of decision.

B. Submission of New Testimony and De Novo Hearings. The city council may admit additional testimony and other evidence by holding a de novo hearing. Upon the decision to admit additional testimony or other evidence and to hear the entire matter de novo, the presentation of such testimony and evidence shall be governed by the procedures applicable to the presentation of such matters at the initial hearing.

C. City Council Action. The city council may affirm, rescind or amend the action of the planning commission and may grant approval subject to conditions necessary to carry out the comprehensive plan. The city council may also remand the matter back to the planning commission for additional information, subject to the agreement of the applicant to extend the one hundred twenty (120)-day review period. (Ord. 619, 2003)