§ 9-3.120 APPEAL TO CITY MANAGER.

   (A)   A person appealing a decision of the Director made pursuant to § 9-3.110 of this chapter (the "appellant") shall file a written appeal with the City Manager, stating the factual and legal basis of the appeal, within ten calendar days following the decision of the Director. A person seeking judicial review shall first seek an appeal hearing under this section.

   (B)   The City Manager, or a hearing officer appointed by the City Manager, shall set the time and place for the hearing, notice that hearing as is required under the zoning ordinance for consideration of a variance application, notify the appellant and any other relevant parties, conduct the appeal hearing, prepare written findings of fact and a written decision on the matter, and shall preserve the complete administrative record of the proceeding. The hearing officer shall consider relevant evidence presented by the appellant and by the Director.

   (C)   The City Manager shall consider the factors listed in § 9-3.110(C) of this chapter in making the decision to affirm or adjust the DIFs.

   (D)   The decision of the City Manager shall be the final decision of the city.

   (E)   Sections 9-3.110 and 9-3.120 provide an administrative remedy which must be exhausted prior to compliance with the procedure provided in Cal. Gov’t Code §§ 66020 and 66021.

(Ord. 2079-C-S, passed 3-25-14)