A. Filing Of Appeal: The subdivider, a member of the city council or any interested person adversely affected may appeal any action of the planning commission with respect to the tentative map to the city council. The appeal shall be filed in writing with the city clerk within ten (10) days after the action of the planning commission. The written appeal shall include the following information:
1. Name, address and telephone number of the person appealing the decision.
2. Address and/or description of the subject property concerned.
3. In reasonable detail, each reason why the appellant claims that the planning commission's action was inappropriate, the facts the appellant claims support each reason, and the remedy the appellant is requesting.
4. A filing fee as established by the city council in its most current resolution establishing fees, provided that an appeal filed by a member of the city council shall not be subject to the filing fee.
The city clerk shall not accept an appeal submitted late or which does not contain all information required by this subsection.
B. Hearing Procedure; City Council Action:
1. Upon receipt of an appeal meeting all the requirements of subsection A of this section, the city council shall set the matter for hearing. The hearing shall be held within thirty (30) days after the filing of the appeal.
2. At least ten (10) days before the date set for the appeal hearing, the director shall give written notice of the hearing in the manner specified by Government Code section 65090 and, in addition, by personal delivery or first class United States mail to the subdivider and the appellant (if other than the subdivider). The notice shall include the date, time and place of the public hearing, the identity of the appellant, the identity of the hearing body, a general description, in text or by diagram, of the location of the proposed subdivision, and a reasonably detailed statement of each reason on which the appellant is basing the appeal (as stated in the appeal).
3. The hearing shall be limited to those reasons stated in the written appeal and the notice as the appellant's basis for disapproving or modifying the planning commission's decision or other action. At the hearing, the appellant shall have the burden of presenting to the city council evidence in support of those reasons and the remedy the appellant is requesting. Thereafter, the burden shall shift to those persons opposed to the appeal to present evidence to the city council in support of their positions. Both written and oral evidence may be presented at the hearing. After all evidence and testimony has been presented, the hearing shall be closed.
4. Within ten (10) days following the conclusion of the hearing, the city council shall render its decision on the appeal, based on all the evidence in the record, including all written and oral evidence and testimony presented to the city council at the hearing or to the planning commission. The city council may sustain, modify or overrule the action(s) appealed from. The city council's decision shall comply with and include all findings required by applicable provisions of the subdivision map act, this title and other applicable state and local laws, ordinances and regulations. Each finding shall be supported by substantial evidence in the record. The city council shall sustain disapproval of a tentative map, or shall overrule approval or conditional approval of a tentative map, if it makes any of the following findings:
a. That the proposed tentative map is not consistent with the general plan or any applicable specific plans as specified in Government Code section 65451.
b. That the design or improvement of the proposed subdivision is not consistent with the general plan or any applicable specific plan.
c. That the site of the proposed subdivision is not physically suitable for the type of development.
d. That the site of the proposed subdivision is not physically suitable for the proposed density of development.
e. That the design of the proposed subdivision is or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
f. That the design of the proposed subdivision or type of improvements is likely to cause serious public health problems.
g. That the design of the proposed subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; provided that the city council may approve the tentative map if it finds that alternate easements for access or use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection B4g shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the city council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
h. That the tentative map fails to meet or perform any of the requirements or conditions imposed by the subdivision map act or this title; provided that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed.
5. The decision of the city council shall be final. (Ord. 2000-05, 4-25-2000)