All decisions made pursuant to the provisions of this title shall be in writing. Decisions of the Planning Commission shall be filed with the Secretary of the Commission, with a copy to the City Clerk. Decisions of the City Council shall be filed with the City Clerk, with a copy to the Secretary of the Planning Commission. All decisions shall be filed as aforesaid within ten (10) days after they have been rendered. Written notice of the filing of a decision shall be mailed by the City Clerk on the day the decision was filed to the applicant, appellant, and any other interested parties who have appeared regarding the item which is the subject of the decision rendered, before the public body making the decision and who have given the clerk or secretary of said body their names and mailing addresses. The notice of decision shall contain a brief summary of the effect of the decision and if an appeal may be taken from the decision pursuant to the provisions of this title, within ten (10) days from the date of notice of the decision. Decisions of the Planning Commission shall be final when filed unless an appeal is taken within the time permitted. Acceptance of any decision shall constitute an agreement on behalf of the applicant and owner, their heirs, successors and assigns, to comply with all the terms and conditions imposed by the decision, ordinances and resolutions. A true copy of the permit shall be delivered by the seller to the buyer of the entire parcel or any portion of the property affected by any permit issued.

(Ord. 52, Ch. III § 4, 1968)

Appeal from any decision of the Planning Commission shall be governed by the provisions of this section and Section 17.68.030. For the purpose of appeal from any action of the Planning Commission, an aggrieved person must be either a subdivider, if he is dissatisfied with any action with respect to the tentative map, or to the kinds, nature and extent of the improvements required for a subdivision, or an applicant or any person alleging:

A.

That his property rights or the value of his property is adversely affected and the decision does not comply with the General Plan, if one is in effect at the time; or

B.

That the required standards, which must be specified, are or are not satisfied by the evidence presented at the hearing for rezoning, land use permit, or variance permit; or

C.

That specified findings of the Planning Commission are not supported by the evidence; or

D.

That specified limitations or conditions imposed in granting a permit are not reasonably required; or

E.

That specified limitations or conditions recommended but not imposed are reasonably required in granting a permit.

(Ord. 52, Ch. III § 5(a), 1968)

An aggrieved party may appeal a decision of the Planning Commission to the City Council by filing a written notice of appeal with the City Clerk specifying the grounds for the appeal along with an appeal fee in such amount as may from to time be fixed by resolution of the City Council, within ten (10) days after the filing with the appropriate officials of the decision being appealed. When an appeal from the decision of the Planning Commission is properly filed, the City Clerk shall transmit to the City Council copies of the letter of appeal, the application and findings and decision of the Planning Commission. Upon receipt of said matter, the City Council shall order the matter heard before itself. The City Council shall proceed to schedule a public hearing in the matter before it and cause notice of the hearing time, place and nature of the appeal to be given by mailing copies of such notice by United States mail, first-class, postage prepaid to the appellant, the applicant or subdivider, and any other interested person or persons who shall have recorded his name and mailing address along with a request for a notice of hearing on appeal with the City Clerk and/or Secretary of the Planning Commission. The City Council shall then hear the matter as directed in the order fixing hearing and following this shall make its findings and conclusions in writing and file them with the City Clerk within thirty (30) days after the close of the hearing, with copies being forwarded to the Planning Commission, the appellant and the applicant or subdivider. In its conclusions the City Council may approve with conditions, or deny the appeal. The conclusion of the City Council shall be final and the application shall be disposed of in accordance with the City Council's decision with no further administrative action being taken on the application.

(Ord. 52, Ch. III § 5(b), 1968; Ord. 172, § 5, 1977)

By a four-fifths vote of the City Council, made within the time period for filing a notice of appeal, as specified in Section 17.68.030, any decision of the Planning Commission shall be scheduled for review before the City Council, and in such case the decision being reviewed shall be considered as appealed, with all procedures set forth in this chapter being applicable except for the filing of an appeal fee.

(Ord. 179, § 1, 1978)