A. Procedure. (Amended by Ord. No. 177,103, Eff. 12/18/05.)
Appeal to Appeal Board. An applicant or any other person claiming to be aggrieved by an action or determination of the Advisory Agency with respect to a preliminary Parcel Map, certificate or conditional certificate of compliance pursuant to California Government Code Section 66499.35 or an exemption from the Parcel Map regulations pursuant to Section 17.50 B.3.(c) of this Code may, within a period of 15 days after the date of mailing of the decision of the Advisory Agency, appeal to the Appeal Board for a public hearing. Appeals to the Appeal Board shall be filed in duplicate in a public office of the Department of City Planning on forms provided for that purpose and shall be accompanied by the fees required in Section 19.02 of this Code. The appeal shall not be considered as having been filed unless and until the form has been properly completed and all information required by it has been submitted. The complete appeal form and file shall then immediately be transmitted to the Appeal Board Secretary for hearing before the Appeal Board.
The Appeal Board, upon notice to the applicant, the person claiming to be aggrieved, if any, and the Advisory Agency, shall hear the appeal within 30 days after the expiration of the 15-day appeal period unless the applicant consents to an extension of time pursuant to Subsection B. of this section. At the time established for the hearing, the Appeal Board shall hear the testimony of the applicant and witnesses in his/her behalf, the testimony of any aggrieved persons, if there are any, and the testimony of the Advisory Agency and any witnesses on its behalf. The Appeal Board may also hear the testimony of other competent persons respecting the character of the neighborhood in which the division of land is to be located, the kinds, nature and extent of improvements, the quality or kinds of development to which the area is best adapted or any other relevant phase of the matter into which the Appeal Board may desire to inquire.
Upon conclusion of the hearing, the Appeal Board shall within 14 days declare findings based upon the testimony and documents produced before it. It may sustain, modify, reject or overrule any recommendation or ruling of the Advisory Agency and may make findings consistent with applicable provisions of this article.
Failure to Act. If at the end of the time limit specified in this subsection or at the end of any extension of time pursuant to Subsection B. of this section, the Appeal Board fails to act, the appeal shall be deemed denied and the decision from which the appeal was taken shall be deemed affirmed.
B. Extension Of Time. Any of the time limits specified in this section may be extended by mutual consent of the applicant and the Advisory Agency or the Appeal Board. (B. Deleted, C. Relettered B. and Amended by Ord. No. 176,321, Eff. 1/15/05.)