Within 10 days after the receipt by the applicant for a relocation permit of notice of action by the Planning Commission, such applicant may, if dissatisfied with or aggrieved by the action of the Planning Commission, file with the City Clerk an appeal in writing to the City Council from such action of the Planning Commission upon depositing a filing fee in the amount of one-half of that required on filing the original application. The filing of such appeal within the stated time limit shall stay the effective date of the decision of the Planning Commission until such time as the City Council has acted on the appeal as set forth herein. In the absence of such appeal, the action of the Planning Commission shall be final.
A. City Council to Hold Public Hearing. Upon receipt of an appeal to the City Council, the City Clerk shall advise the secretary of the Planning Commission and the secretary shall transmit to the City Clerk the Planning Commission's complete record of the case. Within not to exceed 60 days following receipt of the written appeal, the City Council shall conduct a public hearing.
B. Notice of Public Hearing. Public notices of public hearings shall be given as provided in Section 5.12.070(I) of Title
5.
C. Adverse Decision by Council May Be Referred to Planning Commission. If the City Council proposes an action that is in any way contrary to the action taken by the Planning Commission, it may refer its findings to the Planning Commission and request a further report of the Planning Commission on the matter. Failure of the Planning Commission to report to the City Council within 40 days after reference, may be deemed to be approval by the Planning Commission of any proposed change.
D. Council to Announce Findings and Decision by Resolution. The City Council shall announce its findings and decision by formal resolution not more than 20 days following the termination proceedings of the hearings, or not more than 20 days following the receipt of a report from the Planning Commission when a matter has been referred back to the Planning Commission. The resolution shall recite, among other things, the facts and reasons which, in the opinion of the City Council, makes the granting or denial of the appeal necessary to carry out the general purpose of this chapter, and shall order that the relocation permit be granted or denied or modified subject to such conditions or limitations which it may impose.
E. Decision of City Council to Be Final. The action by the City Council on an appeal from the Planning Commission shall be by a majority vote of the City Council and shall be final and conclusive.
F. Notice of Decision of City Council. Not later than seven days following the adoption of the resolution ordering that a relocation permit be granted or denied, a copy of the resolution shall be mailed to the applicant and to any other parties requesting notice of the action and one copy shall be attached to the Planning Commission's file of the case and the file returned to the Planning Commission for permanent filing.
(Prior code §§ 38-39—38-45)