§ 12.04.310. Driveway Appeals Board—Decisions appealable to Council or Planning Commission.

The City Council shall review the proceedings and decision of the Driveway Appeals Board on all of the matters within its jurisdiction, except for matters involving the provisions of Section 17.94.080 or 17.94.100 of the zoning regulations of the Oakland Planning Code, when the decision of said Board is appealed to the City Council within ten days of the date of the decision. The City Planning Commission shall review the proceedings and decision of the Driveway Appeals Board on all matters involving the provisions of Section 17.94.080 or 17.94.100 of the zoning regulations of the Oakland Planning Code, when the decision of said Board is appealed to the Commission within ten days of the date of the decision. The City Council or Planning Commission, as the case may be, may affirm, reverse or modify the Board's decision and may make such decision or may impose such conditions as the facts warrant and may grant or deny a variance, and its decision shall be final. Council action shall be by resolution.

An appeal to the City Council from the decision of the Driveway Appeals Board may be taken by filing a petition with the City Clerk within ten days of the decision. Upon receipt of such petition, the City Clerk shall, with the approval of the Council, set the time for consideration of the appeal by the Council, and shall notify in writing the appellant and all persons whose interest therein has been recorded in any of the proceedings theretofore taken in the matter, of the time and place of the hearing on appeal.

An appeal to the City Planning Commission from the decision of the Driveway Appeals Board shall be made on a form prescribed by the City Planning Department and shall be filed with such Department within ten days of the decision. Upon receipt of such appeal, the Secretary of the City Planning Commission shall set the time for consideration of the appeal by the Commission, and shall notify in writing the appellant and all persons whose interest therein has been recorded in any of the proceedings theretofore taken in the matter, of the time and place of the hearing on appeal.

(Prior code § 6-1.248)