Chapter 21.36
APPEALS

Sections:

   21.36.010   Notice.

   21.36.020   Hearing before planning commission.

   21.36.030   Action by city council.

   21.36.040   Extension of time.

21.36.010 Notice.

   Any aggrieved person may appeal from the decision of the director of planning in approving, conditionally approving or denying a preliminary parcel map or from any portion or condition thereof. Such appeal shall be taken to the city council; provided, that prior to consideration of the appeal by the city council, the planning commission, acting as an advisory appeal board, shall review the appeal and make its recommendations to the city council. An appeal shall be commenced by filing a notice of appeal with the director of planning. Such notice shall be filed within fifteen days of the decision of the director of planning which is the subject of the appeal. An appeal notice filed after such fifteen-day period shall not be processed. Any decision not appealed within said time shall become final. The notice of appeal shall set forth in detail the decision, or portion thereof, appealed and the grounds for the appeal. The notice of appeal shall be accompanied by eighteen copies of the tentative parcel map.

(Ord. 3157 § 1 (part), 1979)

21.36.020 Hearing before planning commission.

   Within thirty days after the filing of the notice of appeal, the planning commission shall hold a hearing and consider the appeal. The director of planning shall submit a written report to the planning commission. Within ten days after the conclusion of the hearing, the planning commission shall make its recommendation. The planning commission may recommend that the city council sustain, modify, or overrule the decision of the director of planning. Said recommendation shall be forwarded to the city clerk for presentation to the city council.

(Ord. 3157 § 1 (part), 1979)

21.36.030 Action by city council.

   The appeal shall be set for a hearing before the city council within thirty days after receipt of the planning commission's recommendation by the city clerk. Within seven days after the conclusion of the hearing, the city council shall render its decision and findings based upon the testimony and documents produced before it or before the planning commission. The city council may sustain, modify, or overrule the decision of the director of planning based upon the provisions of this title and the Subdivision Map Act.

(Ord. 3157 § 1 (part), 1979)

21.36.040 Extension of time.

   Any of the time limits contained in this section, except the fifteen-day period for filing a notice of appeal, may be extended by the mutual consent of the appellant, the subdivider, and the agency before which the appeal is pending.

(Ord. 3157 § 1 (part), 1979)