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(a) Appeals. The hearing examiner's decision on the appeal shall be final and conclusive unless it is appealed to the city council by a person or agency affected by the decision in the following manner:

(1) The appealing party must file a complete written notice of appeal with the office of planning department upon forms provided by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the examiner's final decision.

(2) The notice of appeal shall specify the claimed error(s) and issue(s) on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered.

(b) Appeal Procedures.

(1) The office of environmental planning shall notify parties of record that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the office of environmental planning. The notice to parties of record shall also state that parties of record wishing to respond to the appeal may submit written argument or memoranda to the legislative body within fourteen days from the date the notice is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only on the record before the hearing examiner. A copy of the notice shall be sent to the appellant.

(2) The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the office of environmental planning. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen-day extension of time within which written argument or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memorandum would otherwise be due. The legislative body may grant further extensions for good cause shown on a finding by the legislative body of the existence of circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written argument or comments shall not include the presentation of any new evidence and shall be based only on the record before the hearing examiner.

(3) When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the planning department shall within five days deliver to the city council a copy of the examiner's decision, the record developed before the examiner, an audio recording of the hearing before the hearing examiner, and any written argument or memorandum of authority which has been received. (Ord. 2173, § 2 (Exh. A), 2022.)