Chapter 25.06 ADMINISTRATIVE BODIES
Section 25.06.222 Records and decisions.
1. The transcript of testimony, if any; the minutes of the secretary; all applications,
requests,
exhibits and papers filed in any proceeding before the planning and zoning commission; and the
decision and report, or reports, of the commission shall constitute the record.
2. Every recommendation of the planning and zoning commission upon an application
for an
amendment of this title or upon an application for a planned development shall include findings
of fact, shall refer to the exhibits, plans or specifications upon which such recommendation is
based, and shall specify the reason or reasons for such recommendation. In the event that the
planning and zoning commission neither approves as presented, nor denies in its entirety, an
application to amend either the text of this title or the official zoning map, approve a subdivision,
vacate right-of-way, or for any other purpose, but rather approves such an application in an
amended, altered, or otherwise changed form, an ordinance reflecting the commission's
recommendations shall be presented to the city council for action. Until approved by council, that
ordinance shall be acknowledged to be no more than a recommendation.
3. In reaching its decision on any such application, the planning and zoning
commission may
rely on the personal knowledge of its members, on its inspections of the property, and on any
reports available to it. All staff and commission reports shall be made available for study to
interested parties at the earliest possible date prior to the public hearing.
4. In any case where this title provides that the failure of the planning and
zoning commission
to act within a fixed period shall be deemed a grant or denial of an application, such failure shall,
notwithstanding the absence of required findings and conclusions, be considered to be a decision
of the commission rendered on the day following the expiration of such fixed period. Such
decision shall be appealable in the same manner as any other decision but, on such appeal, shall
be entitled to no presumption of correctness.
5. The secretary shall immediately file any decision of the commission in the
office of the
commission. Within seven days following any decision of the commission the secretary shall
mail notice thereof to each person entitled to such notice pursuant to Section 25.22.020-2 of this
title.
6. As to other matters brought before the commission, the commission shall prepare
such
report as it shall deem appropriate to the subject matter. (Ord. 93/U-1225; S-30424, 1976)