(a) Filing. After the Commission has rendered a decision, and except as provided otherwise in Section 9-4.1809 of this chapter, an appeal to the Council may be taken by the applicant, any person aggrieved, or by any officer, department, board, or commission of the City affected by the decision. Notwithstanding the definition of “aggrieved person” in Section 9-4.203.8, any member of the City Council may also be considered an aggrieved person affected by such a decision for purposes of this section. An appeal shall be commenced by filing with the Community Development Department, a notice of appeal which specifies the grounds of the appeal and the action which the appellant wants the Council to take, within ten (10) days of the date of the Commission’s decision. Appeals shall be submitted on the forms provided for that purpose by the Community Development Department, and shall be accompanied by the applicable fee set by Council resolution.
Prior to and as a prerequisite of filing a notice of appeal, the appellant shall obtain a certification from the department that an appeal is authorized and that all information, documents, and maps required in connection with the appeal have been filed with the City. That Department shall note the date and time such notice was filed and forthwith send a copy to the City Attorney. A fee, as prescribed by Council resolution, shall be paid to the Community Development Department with the filing of each appeal. No filing fee shall be charged for any appeal filed by a City officer, employee, board or Commission member on behalf of the City.
In addition, the City Council may, on its own motion within ten (10) days after the final decision by the Planning Commission, elect to review and consider any decision of the Planning Commission. No application for an appeal need be filed by the City Council, or any member representative thereof, when the City Council elects, by majority vote on its own motion, to review and consider a decision of the Planning Commission.
(b) Hearings. After the City Clerk’s receipt of the Notice of Appeal on the proper form, the City Clerk shall consider the pending City Council agenda requests and, except for matters to be heard in connection with a tentative subdivision map appeal, set the matter for a public hearing at the earliest reasonable and available date, which shall be within at least ninety (90) days of receipt of the filing. Hearings on permits connected with any appeal of a tentative subdivision map decision shall be set for a date within thirty (30) days of the filing. The City Clerk shall give notice of the hearing in the manner required by Chapter 12 of this title.
(c) Records on appeals. The Community Development Director shall deliver all papers and files constituting the record of the matter on appeal to the Council at the time of the hearing unless otherwise directed by the Council.
(d) Hearings: Procedure. The Council may prescribe rules governing the procedure of hearings for appeals conducted by it. A quorum for a hearing shall consist of at least three (3) members. Any act or decision shall require the concurrence of a majority of the members of the Council present. The Council may refer a matter on appeal back to the Commission for further report, information, or study.
(e) Appellate decisions. The Council shall announce its decision not more than fifteen (15) calendar days following the termination of the hearing. Whenever a matter has been referred back to the Commission, the Commission shall report back and the Council shall announce its decision not more than forty-five (45) calendar days following the day of such referral. The Council’s decision shall thereafter be set forth in a resolution with any required findings. In the event of a tie vote and the failure to break the tie vote within fifteen (15) calendar days, the decision of the Commission shall be reinstated and deemed rendered, and no further action or proceeding thereon may be taken by the Council. The Council may sustain, modify, reject, or overrule, wholly or partly, any decision by the Commission. It may impose such conditions and limitations it deems necessary to assure that the general purpose and intent of this chapter will be observed, the public interest, health, safety, and welfare secured, and substantial justice will be done. The resolution shall recite the conditions and limitations imposed. It need not recite any findings for the decision unless the appellant so requests before the Council renders its decision.
(f) Appellate decisions: Notice. Not later than ten (10) calendar days following the day on which the decision is rendered, the City Clerk shall mail a copy of the resolution to the appellant, the applicant, the Commission, and the City official, department, board, or commission whose order, requirement, permit, decision, or determination is the subject of the appeal.
(g) Finality of decisions: Procedural time limits. After rendition, a decision shall become final and conclusive and shall not thereafter be considered or modified or vacated. The time limits set forth in this section are procedural only and do not limit or affect the jurisdiction and power of the Council to act on any permit or variance.
(h) Appeal of certain conditions. Whenever any person appeals only certain conditions or restrictions on a permit or variance, and the final action of the Council is to grant the permit or variance, either in its original form or in a modified form, all conditions and restrictions not appealed from shall be automatically carried over and shall continue to govern and limit the permit or variance, unless the action of the Council clearly indicates otherwise.
(§ 8163.8, T.O.O.C., as amended by XVI, Ord. 162-NS, eff. August 27, 1970, as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 525-NS, eff. May 1, 1975, § 1, Ord. 567-NS, eff. May 6, 1976, § XI, Ord 776-NS, eff. April 16, 1981, § 2, Ord. 848-NS, eff. December 13, 1983, § 2, Ord. 921-NS, eff. May 20, 1986, § 1, Ord. 1160-NS, eff. July 28, 1992, and as renumbered by § 32 and amended by § 33, Ord. 1178-NS, eff. April 27, 1993, as amended by § 15, Ord. 1210-NS, eff. May 24, 1994, Part 8, Ord. 1446-NS, eff. October 25, 2005