A. 
Applicability. This section applies only when expressly deemed applicable to a particular license or permit by another provision of this code.
B. 
Appeal Eligibility. Any interested person may appeal the issuance, denial of issuance, renewal, denial of renewal or imposition of disciplinary action in connection with the license or permit.
C. 
Appeal Period. A written appeal must be filed with the city clerk within 10 calendar days after the decision; provided, however, that if the appeal period expires on a day that city hall is not open for business, then the period shall be extended to the next city business day.
D. 
Appeal Contents. The appeal must indicate in what way the appellant contends the decision was incorrect or must provide extenuating circumstances that the appellant contends would justify reversal or modification of the decision.
E. 
Stay of Decision. The effectiveness of any decision to suspend or revoke a license or permit shall be stayed during (1) the appeal period and (2) the pendency of any appeal.
F. 
Time and Notice of Hearing. The hearing officer shall conduct a hearing and take the matter under submission no later than 30 city business days following the timely filing of an appeal, unless the appellant, as well as the applicant if different than the appellant, consents in writing to an extension. At least 10 days prior to such hearing, written notice thereof shall be mailed to the appellant and applicant (if different than the appellant). Public notice of the hearing shall be provided in the same manner, if any, as was provided in connection with the consideration of the original decision.
G. 
Hearing Procedure. Appeal hearings shall be conducted in accordance with procedures established by the hearing officer. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. The hearing officer shall not be bound by formal rules of evidence and may receive, under penalty of perjury, any relevant evidence that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness.
H. 
Burden of Proof. Unless otherwise provided by law or with respect to appeals of decisions made pursuant to Titles 10, 11 and 12, the burden is on the city to show the decision that is being appealed is reasonable and not an abuse of discretion.
I. 
Decision. The hearing officer may uphold, overturn or modify the decision being appealed. The hearing officer shall, within 45 city business days of the appeal filing date, render a written decision supported by findings. The time period set forth in this section shall not be extended except upon written consent of the appellant and the applicant (if different than the appellant). Notice of the decision and a copy thereof shall be mailed to the appellant and to the applicant (if different than the appellant). The decision of the hearing officer shall be final unless council review is ordered.
(Ord. 1570; Ord. 1515)
A. 
Authority to Order Review. Except as otherwise provided in this code, the city council may on its own motion order council review of any quasi-judicial administrative decision made by any board, commission, hearing officer or official of the city. Such motion must be duly adopted within 10 days of the issuance of the decision, and must find that the subject matter has city-wide significance warranting a determination by the city council.
B. 
Stay of Decision. The effectiveness of an administrative decision for which council review has been ordered shall be stayed pending completion of the council review proceedings.
C. 
Time and Notice of Hearing. The city clerk shall schedule the council review hearing for commencement within 40 city business days of the motion ordering council review. Public notice of the hearing shall be provided in the same manner, if any, as was provided in connection with the consideration by the board, commission, hearing officer or official having original jurisdiction.
D. 
Hearing Procedure. The council review hearing shall be conducted as a de novo hearing. The city council shall apply the same decision criteria as the board, commission, hearing officer or official having original jurisdiction.
E. 
Council Decision. The city council may uphold, overturn or modify the decision of the board, commission, hearing officer or official. Any such action shall be made by resolution, shall be supported by findings and shall be the final city decision on the subject matter. Alternatively, the city council may remand the matter for further consideration by the board, commission, hearing officer or official having original jurisdiction. In the event of a tie vote by the city council, the decision of the board, commission, hearing officer or official shall be effective.
(Ord. 1515)
A. 
In General. In accordance with Code of Civil Procedure Sections 1094.5 and 1094.6, or other applicable law, any interested person may seek judicial review of a final city decision suspending, demoting or dismissing an officer or employee; revoking or denying an application for a permit, license or other entitlement; imposing a civil or administrative penalty, fine, charge or cost; or denying any application for any retirement benefit or allowance.
B. 
First Amendment Activities. In accordance with Code of Civil Procedure Section 1094.8, or other applicable law, any interested person may seek prompt judicial review of a final city decision regarding the issuance, revocation, suspension or denial of a permit or other entitlement for expressive conduct protected by the First Amendment of the United States Constitution.
C. 
Development Agreements. Any judicial review of an ordinance approving a development agreement shall be by writ of mandate pursuant to Code of Civil Procedure Section 1085 or any successor statute; and judicial review of any city action as to a development agreement, other than initial approval of a development agreement, shall be by writ of mandate pursuant to Code of Civil Procedure Section 1094.5 or any successor statute.
D. 
Statute of Limitations for Actions Challenging Certain Decisions. No court action or proceeding to challenge, review, set aside, void or annul (hereinafter collectively "challenge" in this subsection D) any decision as to:
1. 
The General Plan or any matter mentioned in Titles 10, 11, and 12, other than development agreements;
2. 
Any proceedings, acts or determinations related to such decision; or
3. 
Any condition imposed in connection with such decision, shall be maintained unless such action or proceeding is commenced within 60 days after the effective date of such decision. No action or proceeding to challenge any decision as to a development agreement shall be maintained unless the action or proceeding is commenced within 90 days after the effective date of the decision. Failure to timely file a challenge bars any action or proceeding or any defense of invalidity or unreasonableness of such decision, proceedings, acts, determinations or conditions.
(Ord. 1570; Ord. 1515)