(A) Each decision made by the Commission with respect to an application shall be final unless appealed within the time period prescribed in this section or unless the Council initiates a review of the decision pursuant to the provisions of this section.
(B) Any person aggrieved or affected by any final determination made by the Commission in considering an application, including any condition imposed thereon, may no later than ten days from the date of the decision file a written notice of appeal therefrom. The notice of appeal shall be filed in triplicate with the City Clerk and shall state therein the grounds for the appeal and the specific factual or legal errors it is alleged were committed by the Commission in its consideration of the application. The City Clerk shall forthwith transmit one copy of the notice of appeal to the Planning Director and one copy to the Commission by delivering it to the Commission’s Secretary.
(C) The Council may itself initiate a review of the Commission’s decision or determination by a majority vote of those Council members voting on the issue at or before the next regular Council meeting following the Commission’s determination. The Council order may be by motion. No error need be cited in that motion. The Commission’s Secretary shall present to the Council at or before its next meeting following the Commission’s determination a certified copy of the Commission’s resolution of determination.
(D) On the date a notice of appeal is filed pursuant to this section, or on the date the Council orders a review of the Commission’s determination or condition, all proceedings in furtherance of the determination or condition appealed from or ordered to be reviewed by the Council, including the effective date of the permit in question, shall be stayed until the final determination by the Council of the appeal or Council-initiated review.
(E) In the case of any appeal or Council-initiated review of a decision of or condition imposed by the Commission, the Council shall order the matter set for a public hearing, and the hearing shall be noticed as provided in § 19.08.070. At the hearing before the Council, the Council shall hear the matter de novo; however, the documents and minutes of the hearing before the Commission shall be a part of the Council’s record at its hearing on the matter. The Council may continue the hearing for any reasonable and proper purpose. Within a reasonable time after the close of the hearing, the Council shall make its decision sustaining, reversing or modifying the decision of the Commission. The Council shall adopt its decision by resolution. The Council shall forthwith transmit copies of its findings and determination to the applicant and to the City Clerk.
(F) Any person aggrieved by a decision of the Council under this section concerning a proposed surface mining operation in an area of statewide or regional significance, as defined in Public Resources Code §§ 2726 and 2727, may, within 15 days of the decision, appeal the decision to the State Board pursuant to Public Resources Code § 2775.
(`78 Code § 19.08.130.) (Ord. 2386 § 1 (part), 1999.)