(A) Appeal from an action by the Planning Director or the Technical Advisory Committee may be made to the Planning Commission within ten days from the action. An appeal shall be submitted in written form to the Secretary of the Planning Commission and shall be placed on the agenda of the next succeeding Commission meeting. The Commission shall take action thereon within 40 days from the date of submittal
(B) If a subdivider is dissatisfied with an action of the Planning Commission, he or she may, within 15 days after the action, appeal in writing to the City Council for a public hearing. Also within the 15-day period, the Planning Commission shall forward the map or other documents to the City Council for review. The hearing shall be held within the time limit required by the Map Act. A public notice of the hearing shall be made by the City Clerk. The City Council may continue the hearing from time to time, not to exceed 15 days from the date of first hearing without mutual consent. At the time fixed for the hearing, the City Council shall hear testimony of representatives of the Commission, of any witnesses on its behalf and any parties at interest.
(1) The City Council shall consider the record and additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation, ruling appealed from or make and substitute other or additional decision or determination as it may find warranted under law and facts.
(2) The decision of the City Council as a result of the hearing shall be expressed by a motion in writing and the City Council shall forthwith transmit a copy thereof to the subdivider and the Commission.
(`61 Code, § 20.11) (Ord. 505, passed 7-21-1970; Am. Ord. 949, passed 4-6-2004)