A. Appeal and referral to city council. Any person, including any member of the planning commission, who is not satisfied with the action of the director, map advisory committee, or planning commission may, within 10 days from the date of the action thereon, file a request for city council review within the time and in the manner provided for by Chapter 2.80 of this code, and the applicable requirements of the Subdivision Map Act. Such appeal shall be filed in the office of the city clerk and shall be in the form and contain the information required by the city clerk.
B. City Council hearing on appeal and referral. The city council shall hold a public hearing on any action appealed under the provisions of this chapter. Notice of such hearing shall be given at least ten (10) days prior to the date of the hearing by publication in a newspaper of general circulation in the city and by mail to all persons owning real property within the same noticing radius originally provided.
C. City Council action on appeal or referral. The city council shall consider the application, the accompanying drawings, statements and other documents, the reports and recommendations and the advisory agency action as considered and reviewed by the approval authority. The hearing shall not be a hearing de novo. At the conclusion of the hearing, shall approve, conditionally approve or deny the application and report its action to the applicant in writing. The decision shall be supported by written findings required by Chapter 18.08.
1. The city council shall base its action on conformity of the application with all requirements of this title.
2. If the application is disapproved, the report shall contain a statement of reasons for such disapproval. If the application is conditionally approved, the report shall contain a complete statement of the conditions of approval.
3. The approval or conditional approval shall not constitute an approval of any exception or deviation from any zoning regulation of the city nor shall it be deemed as an approval to proceed with any development in violation of any applicable provision of law.
(Ord. 2591 (part))