The subdivider or any interested person adversely affected by any planning commission action, other than the city council, with respect to the tentative map may, within ten (10) days after the decision, file an appeal in writing with the city clerk or the community development director. The city council shall consider the appeal within thirty (30) days after the date of filing of the appeal, unless the appellant consents to a continuance. Within ten (10) days following the conclusion of the hearing, the city council shall render its decision. The appeal shall be a public hearing after notice has been given according to subsection 17.07.070A of this chapter. In addition, notice shall be given to the planning commission. The council may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make any findings which are consistent with the provisions of the subdivision map act or this title.
If the city council fails to act upon an appeal within the time limits set forth in this section, the tentative map shall be deemed to be approved or conditionally approved as last approved or conditionally approved by the planning commission insofar as it complies with all other applicable provisions of the subdivision map act, this title, this code and the general plan. (Ord. 2481 § 1, 2002)