§ 13.16.450. Appeal to the city Planning Commission.
Latest version.
Except as provided elsewhere in this chapter, the following appeal procedures govern.
Within ten (10) calendar days after the date of a written decision by the Chief of
Building Services on an application for a Creek Protection Permit, pursuant to Section 13.16.210, or within ten (10) calendar days after the date of a written decision by the Environmental
Services Manager for a creek determination, pursuant to Section 13.16.030, an appeal from said decision may be taken to the City of Oakland City Planning Commission
by the applicant or any other interested party. In event the last date of appeal falls
on a weekend or holiday when City offices are closed, the next date such offices are
open for business shall be the last date of appeal. Such appeal shall be made on a
form prescribed by CEDA and shall be filed with such Agency. The appeal shall state
specifically wherein it is claimed there was an error or abuse of discretion by the
Chief of Building Services or wherein his/her decision is not supported by the evidence
in the record. Upon receipt of the appeal, the City of Oakland City Planning Commission,
shall set the date for consideration thereof and, not less than ten (10) days prior
thereto, give written notice to: the applicant; the appellant in those cases where
the applicant is not the appellant; adverse party or parties, or to the attorney,
spokesperson, or representative of such party or parties; other interested groups
and neighborhood associations who have requested notification; and to similar groups
and individuals as the City of Oakland City Planning Commission deems appropriate,
of the date and place of the hearing on the appeal. In considering the appeal, the
City of Oakland City Planning Commission shall determine whether the proposed use
conforms to the permit criteria set forth in Sections 13.16.130 and 13.16.200, and may grant or deny a permit or require such changes in the Permit Category, proposed
use or impose such reasonable conditions of approval as are in its judgment necessary
to ensure conformity to said criteria. The decision of the City of Oakland City Planning
Commission shall be final.
