A person may appeal the decision of the Hearing Officer by filing a written notice of appeal with the Development Services Department within ten business days from the date of mailing of the Hearing Officer's decision. The appeal shall be scheduled for Planning Commission action in accordance with customary filing deadlines for projects submitted to the Planning Commission. The notice of appeal shall state in detail the factual basis for the appeal. The Planning Commission shall consider the appeal at a public meeting not less than ten, nor more than forty-five days following the filing of the appeal. The Planning Commission may continue the hearing date where necessary. At the time and place set for such an appeal hearing, the Planning Commission shall hold a de novo hearing. If the Planning Commission finds from the relevant evidence at the hearing that the action taken was in conformance with the provisions of this chapter, it shall require compliance with the Hearing Officer's decision. A copy of the Planning Commission's decision shall be mailed to the appellant within five working days after adopted thereof.
The decision of the Planning Commission shall be final. The decision must include notice that any legal challenge to the final decision shall be made pursuant to provisions of Code of Civil Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety days following issuance of the final decision. The administrative hearing fee paid by a prevailing party in an appeal shall be refunded. (Ord. 2919 § 1 (part), 1997).