(a) After approval, denial, suspension, modification or revocation of a permit applicant, permittee or any interested may appeal the director's decision to the city council, by filling written request for hearing with the city clerk within ten days following the date of the mailing of the director's decision and paying the fee for appeals, as set by a resolution of the city council. All such appeals shall be filed with the city clerk and shall be public records.
(b) Consideration of an appeal of the director's decision shall be at a public hearing, notice of which shall be given pursuant to California Government Code §§ 65091 and 65905 and which hearing shall occur within thirty days of the filing or initiation of the appeal. The city clerk shall issue a notice which shall set forth the time and place of a hearing before the city council, the pertinent provisions of this chapter, guidelines, code, zoning code or state law, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant or permittee, or shall be personally delivered to the applicant or permittee, at least ten days prior to the hearing date.
(c) The appeal shall be conducted at a public hearing and in accordance with procedures established by the city council but, at minimum shall include the standards set forth in subsection (c) (2) of Section 5.58.110.
(d) The city council shall not be bound by the formal rules of evidence.
(e) The city council upon the conclusion of the de novo public hearing, shall grant or deny the appeal. The city council's decision shall be final and conclusive and shall be rendered in writing within thirty days of the hearing, such written decision shall be mailed to the party appealing the director's decision.
(Ord. 09-893, § 2, 2010)