(A) Any person whose license or permit is suspended or revoked by the Community Development Director may appeal to the Planning Commission by filing a written declaration with the City Clerk within 14 calendar days after the decision of the Community Development Director; provided, however, that if the 14 days expires on a date that City Hall is not open for business, then the appeal period shall be extended to the next city business day. Such declaration shall indicate the ground(s) upon which the appeal is based.
(B) Failure to file a timely appeal petition deprives the Planning Commission of jurisdiction to hear the appeal.
(C) Upon the filing of a timely appeal, the Planning Commission shall hold a hearing on the suspension or revocation of the license. Notice of the time, date and place of the hearing shall be mailed to the licensee, or shall be personally delivered, at least ten days prior to the date of the hearing.
(D) The following procedures shall govern the hearing conducted by the Planning Commission. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness.
(E) At the conclusion of the hearing, or at any time within 30 days thereafter, the Planning Commission shall render a decision. The Planning Commission may affirm, modify or reverse the action of the Community Development Director. The decision of the Planning Commission shall be made in writing, shall be supported by findings, and shall be final.
(F) No later than three city business days after the Planning Commission's decision, notice of the decision and a copy thereof shall be mailed by first-class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by Cal. Code of Civil Procedure § 1094.6.
(Ord. 2016-03 § 10, 2016)