A. Any interested person may appeal the decision of the Planning Commission to the City Council by filing a notice of appeal in writing with the City Clerk accompanied by payment of an appeal fee within ten (10) working days after the Planning Commission's date of decision. The City Council, within the same ten (10) days, may also initiate such an appeal.
B. A notice of appeal shall clearly identify the decision being appealed, and shall include a complete description of all findings of fact or reasoning challenged as erroneous or erroneously excluded, and indicate the basis therefor. If the appeal is of conditions attached to an approval, the appeal shall also specify which conditions were erroneously required, and what additional conditions or changed limitations the appellant desires to impose. Failure to substantially set forth the required matter in any purported notice of appeal shall render such appeal ineffective.
C. The City Council, by resolution, shall set a reasonable appeal fee.
D. Any appealed AUDP shall be held in abeyance pending consideration of the appeal.
E. Consideration of an appeal of the Planning Commission's decision shall be at a public hearing which shall be noticed as provided in the Zoning Code, as set forth in Title 17 of this Code. The City Council shall schedule the public hearing to be held not later than thirty (30) calendar days after receiving notice of the appeal.
F. The City Council shall grant, conditionally grant or deny the application upon the conclusion of the de novo public hearing. The City Council's decision shall be final and conclusive.
G. In reaching its decision, the City Council shall not be bound by the formal rules of evidence as set forth in the California Evidence Code.
('65 Code, § 23-24.8) (Ord. No. 98-006, § 20 (part))