A. In case the applicant is not satisfied with the action of the Commission he may, within ten (10) days after the date of mailing as shown by the postmark of the resolution mentioned in subsection 11-19-9D of this Chapter, or within ten (10) days after the expiration of the thirty (30) day period mentioned in subsection 11-19-9B of this Chapter, file in writing with the City Clerk an appeal to the Council. Said appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission, or whereby its decision is not supported by the evidence in the record.
B. In case any party other than the applicant, including the Planning Director, is not satisfied with the action of the Commission he/she may, within ten (10) days after the date of adoption of the resolution of the Commission, or within ten (10) days after the expiration of the thirty (30) day period mentioned in subsection 11-19-9B of this Chapter, file in writing with the City Clerk an appeal to the Council. Said appeal shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission, or whereby its decision is not supported by the evidence in the record.
C. The Council shall set a date for a public hearing on the appeal and shall post notices as set forth in Section 11-19-6 of this Chapter. The date for the public hearing shall not be less than ten (10) nor more than thirty (30) days from the date on which the appeal was filed.
D. Notice shall also be given to the Commission of such appeal, and the Commission shall submit a report to the Council setting forth the reason for its action or shall be represented at the hearing.
E. The Council may affirm, reverse or modify a decision of the Commission; provided, however, that if a decision denying a conditional use permit is reversed or a decision granting a use permit is modified, the Council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a conditional use permit as prescribed in Section 11-19-8 of this Chapter.
F. The Council shall render its decision by resolution within thirty (30) days after the conclusion of the public hearing held on the appeal. Failure of the Council to adopt a resolution within the aforementioned thirty (30) day period shall be deemed to constitute a denial of the appeal.
G. The Council shall cause a copy of its resolution to be mailed to the applicant within ten (10) days from the adoption thereof.
H. The decision of the Council shall be final, and shall have immediate effect. (Ord. 527, 8-4-1997)