Chapter 17.44
APPEALS

Sections:

17.44.010    Procedure for and effect of appeal.

17.44.020    Review by Council— Held when.

17.44.030    Review by Council— Notice and hearing.

17.44.040    Review by Council— Determination authority.

17.44.050    Extensions of time.

17.44.010 Procedure for and effect of appeal.

A. An appeal may be made to the City Council by any person aggrieved by any decision of the Planning Commission. Such appeal shall be made within ten calendar days from the date of such decision, and shall be in writing and filed with the City Clerk.

B. An appeal stays all proceedings from furtherance of the action appealed, unless the Commission certifies to the Council, after the notice of appeal has been filed with the City Clerk, that by reason of facts stated in the certificates, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall be stayed only upon a restraining order granted by the Council upon application by a court of record. (Ord. 912 § 1 (part), 1982)

17.44.020 Review by Council—Held when.

A. Within ten calendar days following the date of a decision by the Commission, on its own motion, the Council may initiate proceedings to review the decision of the Commission.

B. Within five days of the date of the action by the Council initiating review proceedings, the Planning Department shall transmit to the City Clerk all data filed in connection with the case, the minutes of the public hearing, the findings of the Commission, and its decision on the case. In addition, the Commission may transmit to the Council a report setting forth the facts and circumstances of the case. (Ord. 912 § 1 (part), 1982)

17.44.030 Review by Council—Notice and hearing.

Upon receipt of an appeal, or initiation of review proceedings by the Council on its own motion, the City Clerk shall fix a date and time for the public hearing of the appeal; such hearing shall be held within thirty days of the date the appeal is filed or initiated by the Council. The City Clerk shall publish notice as required by the Government Code for public hearings, and shall give notice to the applicant and to the appellant (if the applicant is not the appellant), and shall give notice to any other interested person who has filed with the City Clerk a written request for such notice of the date and time when the appeal will be considered by the Council. (Ord. 912 § 1 (part), 1982)

17.44.040 Review by Council—Determination authority.

A. The Council shall hold a public hearing on an appeal from the decision of the Commission, or a review of proceedings upon its own initiation after notice shall have been given as prescribed in this chapter.

B. All evidence submitted at such hearing, except original public records or certified copies thereof, may be given under oath administered by the Mayor or Vice-Mayor.

C. The Council may affirm, reverse or modify a decision of the Commission, provided that if a decision for denial is reversed or a decision to grant is modified, the Council shall, on the basis of the record transmitted by the Planning Commission and such additional evidence as may be submitted, make the findings prerequisite to the granting prescribed in this title.

D. Within seven days after the conclusion of the hearing, the Council shall make its decision. If the Council fails to act upon the appeal within the time limits specified in this chapter, the action of the Planning Commission shall be deemed affirmed. The decision of the Council upon the appeal shall be final and conclusive. (Ord. 912 § 1 (part), 1982)

17.44.050 Extensions of time.

Any time limits contained in this chapter, except the ten calendar days for filing a notice of appeal, may be extended by the mutual consent of the appellant, the subdivider, and the agency before which the appeal is pending. (Ord. 912 § 1 (part), 1982)