§ 16.04.100. Appeals.

A.

Appeals to the City Planning Commission. The applicant or any other interested person adversely affected by a decision of the Advisory Agency may appeal the decision with respect to the application to the City Planning Commission within ten days after such action. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Advisory Agency or wherein its decision is not supported by evidence in the record. The appeal shall be filed with the Secretary of the City Planning Commission. The Secretary of the City Planning Commission shall set the matter for hearing and shall cause written notice thereof to be given to the applicant and to all other parties known to be interested in the matter. At the time fixed for the hearing the City Planning Commission shall proceed to hear the testimony of the applicant, any interested parties, and any witnesses in their behalf, such hearing may be continued by the City Planning Commission. The City Planning Commission may sustain, modify, reject or overrule the recommendations, rulings, or decisions of the Advisory Agency and make such findings as are not inconsistent with this title. The Commission's action shall be final, except for those appeals to the City Council specified below.

B.

Appeals to City Council. The applicant or any other interested person adversely affected by a decision of the Planning Commission may appeal the decision with respect to the application to the City Council only if such appeal rights are mandated by the State Subdivision Map Act (Government Code Sections 66473.5, 66474, 66474.1, 66474.6 and 66474.7), as it may be amended from time to time. Specifically, the State Subdivision Map Act provides appeals will be permitted only for findings concerning: (1) general and specific plan consistency; (2) suitable site for type and density of development; (3) environmental; (4) public health; (5) public easements; (6) substantial compliance with previously approved map; and (7) regional water quality control violations. Such appeals must be filed within ten days after action by the Planning Commission. The appeal shall state specifically wherein it is claimed that (1) the State Subdivision Map Act requires an appeal; and (2) there was an error or abuse of discretion by the Planning Commission or wherein its decision is not supported by evidence in the record. The appeal shall be filed with the City Clerk. The City Council shall set the matter for hearing and shall cause written notice thereof to be given by the City Clerk, to the applicant and to other parties known to be interested in the matter. At the time fixed for the hearing the City Council shall proceed to hear the testimony of the applicant, any interested parties, and any witnesses in their behalf. Such hearing may be continued by the City Council. The City Council may sustain, modify, reject or overrule the recommendations, rulings, or decisions of the Planning Commission and make such findings as are not inconsistent with this title. The Council's action shall be final.

(Ord. 11924 § 2, 1996; prior code § 7-5.10)