17.93.020 Procedure for appeal.

   (A)   Any person aggrieved by any of the following actions listed in this paragraph may, within ten business days from the date of the action or failure to act, file a written notice of appeal with the City Clerk: (a) a final determination by the commission pursuant to California Environmental Quality Act, (b) a final action of the commission to approve or deny a conditional use permit or variance, including the conditions placed thereon, or (c) the failure of the commission to make its findings and determinations and take final action on an application for a conditional use permit or variance, within 35 days from the date of completing the hearing on the application.

   (B)   The written notice of appeal filed with the City Clerk shall state clearly the grounds for the appeal and the specific factual or legal errors by the Commission on which the appeal is based.

   (C)   Upon receipt of a complying notice of appeal and the requisite filing fee, the City Clerk shall set a date for a public hearing before the Council as provided in § 17.92.080. The Clerk shall transmit a copy of the appeal letter to the Secretary of the Commission and to the Community Development Director, along with a notice of the time and date set for the appeal.

     (D)   The Secretary of the Commission shall forthwith transmit to the Council copies of the staff report and all papers constituting the record upon which the Commission’s decision was taken, including, but not limited to the minutes of all hearings thereon, and shall submit to the Council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the Commission determined that the application met or failed to meet the criteria and requirements provided in this chapter for granting a conditional use permit.

   (E)   After its public hearing, the Council may by resolution affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the Commission or may continue the hearing from time to time for any legal reason.

   (F)   "Party" for purposes of this section is:

      (1)   The applicant; or

      (2)   A resident or property owner who has received notice of the proposal pursuant to § 17.92.080(D) or § 17.96.100(D).

(`78 Code, § 17.93.020.) (Ord. 2681 § 3, 2003; Ord. 2533 § 2, 2001; Ord. 1980 § 2 (part), 1990.)