A. All actions of the Planning Commission are subject to appeal to the City Council in the manner set forth in Title 17 of the Code (the Development Code), and if not otherwise set forth, then by delivery by the applicant or any other person affected by the decision of a written notice of appeal, together with any fee required for such appeal, to the City Clerk within ten (10) working days of final action by Commission.
B. The City Council may also appeal decisions by the Planning Commission. Appeals pursuant to this section must be filed jointly by any two (2) City Council members. Such appeals must be filed with the City Clerk within ten (10) working days of the Commission's action. No fee shall be required when an item is called for review by City Council members in conformance with the requirements of this section.
C. Upon receipt of a timely appeal or of a timely request for hearing by a Councilmember, the City Clerk shall schedule the matter for a hearing or public hearing before the City Council, in which case the decision by the City Council after considering or hearing the matter shall then be final.
D. The fee for appealing a decision of the Planning Commission to the City Council may be waived by the City Manager or his designee if the appealing party executes a form prepared by the City Manager, declaring under penalty of perjury:
1. That he or she is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payment (SSP) programs (Welfare and Institutions Code Sections 12200-12205.2), the Aid to Families with Dependent Children (AFDC) program (42 United States Code §§ 601-644), the Food Stamp program (7 United States Code §§ 2011-2027) or Welfare and Institutions Code Section 17000; or
2. That his or her monthly income is one hundred twenty-five percent (125%) or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to Omnibus Budget Reconciliation Act of 1981, as amended, and submits a financial statement setting forth each item.
[Ord. No. 487, Section 1, 4/8/09.]