A. Director's Decision: When the director finds that the application is substantially in the form required by this chapter, and in full conformity with the conditions imposed by the director in connection with approval of the application and issuance of a permit, as prescribed by sections 7-8-6 through 7-8-10 of this chapter, and that, where required, an agreement and security (bond) respecting necessary improvements has been approved and filed in accordance with section 7-8-5 of this chapter, the decision of the director to approve, approve with conditions or disapprove the application and to issue or not to issue or revoke a permit, shall be made, and the applicant or permit holder so notified.
B. Appeal Of Director's Decision:
1. If the director approves or denies an application for designation of a terminal facility and/or terminal facility access route(s), or revokes a previously approved terminal facility and/or terminal facility access route permit in accordance with revocation procedures established in section 7-8-11 of this chapter, the applicant or appellant, within thirty (30) days following the date of a decision to approve or disapprove the application or revoke terminal facility designation or terminal facility access, may file an appeal of said decision to the city council.
2. An appeal shall be made on a form prescribed by the director and shall be filed with the city clerk.
3. The appeal shall state specifically wherein there was disagreement with the decision of the director or wherein the decision is not supported by the evidence in the record.
4. Within a reasonable period of time of the filing of an appeal, the director shall transmit to the city clerk the following information:
a. The terminal facility and/or terminal facility access route(s) application;
b. Sketches of the proposed or revoked terminal facility and/or terminal facility access route(s) and all other data filed therewith; and
c. The report of the director, the findings thereof and the decision on the application.
5. The city clerk shall give notice to the applicant, to the appellant (if the appellant is not the applicant) and may give notice to any other interested party, of the date, time and place of the hearing at which the city council will consider the appeal.
6. If Caltrans, district 06 office, and not the director, denies, approves or revokes terminal access to or from the national network, no appeal may be made to the city council. Said appeal must be made to Caltrans.
7. The decision of the city council shall be final. (Ord. 681, 2-19-1985)