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A decision of the commission shall become final and conclusive at the time of expiration of the appeal period provided in section 16-545 unless prior to the expiration of such period a timely appeal or notice requesting review in proper form is filed with the city council. The filing of such an appeal or notice requesting review shall automatically stay the execution of the decision of the commission pending rendition of a decision by the city council.
(`64 Code, Sec. 34-154.2) (Ord. No. 917, 1078, 1253, 2367, 2445)
(A) A person may file an appeal from or request a review of a decision of the planning commission not later than 18 days after the date of the decision.
(B) A review of a decision of the commission may be commenced by the city manager or designee or a member of the city council by filing with the city clerk an original and two copies of a notice requesting review.
(C) An appeal may be commenced by any person or entity aggrieved or directly affected by a decision of the commission by filing with the city clerk an original and two copies of a notice of appeal that specifies the grounds for appeal and the relief requested.
(D) The city clerk shall note on the original notice the date and time of filing and shall transmit copies of the notice to the director and the city attorney. The city clerk shall collect from the appellant the appeal fee set by resolution of the city council. The city clerk shall not collect an appeal fee for a notice filed on behalf of the city by a city officer or employee or a member of the city council.
(`64 Code, Sec. 34-155) (Ord. No. 917, 1046, 1060, 1253, 1446, 1671, 2367, 2374, 2445, 2508)
(A) A review or appeal hearing shall be held by the city council no more than 30 days following the date of filing of the notice; provided, however, that if there is no regular meeting on the fourth Tuesday following the date of filing of the notice, the hearing shall be scheduled for the next regular meeting after the thirtieth day.
(B) Upon receipt of a notice of request for review or appeal, the city clerk shall fix the date, place, and time of the review or appeal hearing. Written notice of the date, place, and time of the review or appeal hearing shall be given by the city clerk to the applicant or appellant, to the director, to any person of record directly affected by the review or appeal, and if applicable, to the city officer, department, or entity whose action is the subject of review or appeal.
(C) Additional notice of the hearing on review or appeal shall be given by the city clerk pursuant to Cal. Gov't Code, Section 65091.
(D) During the pendency of review or appeal and until its conclusion, the action of the commission shall be suspended and no permits relating to the matter subject to review or appeal shall issue from any city department.
(`64 Code, Sec. 34-155.1) (Ord. No. 917, 1446, 1970, 1986, 2367, 2445)
Unless otherwise directed by the council, the director shall deliver to the city council at the time of hearing, all documents constituting the commission's record of the matter subject to review or appeal.
(`64 Code, Sec. 34-155.2) (Ord. No. 917, 1446, 2367, 2445)
(A) A review of an appeal from a decision of the commission may be heard de novo.
(B) On hearing the review or appeal, the city council shall primarily consider the issues raised by the grounds specified in the notice of review or appeal, but shall not be restricted thereto.
(C) The city council may promulgate additional rules of procedure for review or appeal hearings.
(D) Rules governing evidence and procedure relating to review and appeal hearings shall be liberally construed to effect enlightened consideration and determination by the city council.
(E) Three council members constitute a quorum for holding a review or appeal hearing.
(`64 Code, Sec. 34-155.3) (Ord. No. 917, 1446, 2367, 2445)
(A) Prior to deciding a review or appeal, the city council may refer a matter back to the commission for information, further report or study.
(B) A matter subject to review or appeal shall not be withdrawn or dismissed before a public hearing is had thereon.
(C) Within 14 days following the conclusion of the public hearing, the city council shall adopt a resolution by a majority of the members of the city council who were present at the public hearing; provided, however, that if the city council refers the matter back to the commission, the city council shall adopt a resolution of decision within 14 days following the conclusion of a public hearing held by the city council to consider the commission’s report.
(D) A resolution of the city council deciding a review or appeal may affirm, reverse, modify, limit or condition the action of the commission.
(E) A resolution of the city council deciding a review or appeal shall state the findings on which the decision is based and shall state with particularity any limitations or conditions imposed; provided, however, that a resolution of the city council referring the matter back to the commission need not state any findings, limitations or conditions.
(F) If the city council does not adopt a resolution within the time prescribed, or if there is a tie vote of the members of the city council present at the public hearing, the action of the commission shall be reinstated and given effect, and no further action thereon shall be taken by the city council.
(`64 Code, Sec. 34-156) (Ord. No. 917, 1446, 2367, 2445, 2482)
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