An appeal from a decision or determination of the decisionmaking authority may be taken by filing written notice of appeal with the Planning Department within 15 days after the date of action. The day following the date of action shall be the first day of the fifteen-day appeal period, and the period shall end at the close of business on the 15th day.

The filing of an appeal shall suspend further action of the decisionmaking authority until such time as the appeal shall be heard and acted upon by the appellate body having jurisdiction as provided in this chapter. No permit, license or certificate of approval or use of land or structures involved in the application on appeal shall be issued until the appeal has been acted upon.

For appeals to the Planning Commission, within 15 days following receipt of a complete notice of appeal on a form provided by the Planning Director, the Planning Director shall set a date for public hearing before the Planning Commission on the appeal. For appeals to the City Council, the Planning Director shall submit the notice of appeal to the City Manager, who shall advise the City Council of the notice of appeal. The City Council shall set a date for public hearing on the appeal.

The appellate body shall hold a public hearing on the appeal. Notice of public hearing shall be given as provided in Article V of this chapter.

The appellate body shall apply the review criteria applied by the decisionmaking authority that considered the application.

By the affirmative vote of the majority of all its members, the appellate body may, without a full hearing, remand an appeal to the decisionmaking authority that heard the application for rehearing and decision if it finds that rehearing would be likely to serve public policy or resolve the appeal. If the appellate body remands the appeal without a full hearing, the appellate body shall make findings of fact on which that action is based.

An appellant may withdraw the appeal at any time, provided that notice of the withdrawal is provided in writing to the Planning Director. The fee for filing an application of appeal is not refundable, in whole or in part.

The general procedure for an appeal hearing is as follows:

If an appeal is filed by a member of the City Council, that member shall be excused from deliberations or voting on the appeal, if there is a determination by the remaining members of the City Council that the member has a conflict of interest or is an aggrieved party.

An appeal from a decision or determination of the City Engineer and/or Planning Director to require or not require any or all of the impact reports set forth in § 1301 may be taken by filing written notice of appeal with the Planning Commission within 15 days after the date of written decision of the City Engineer and/or Planning Director as required in § 1301. The Planning Commission shall notify the City Engineer and/or Planning Director of all such appeals the next working day. The day following the date of the written decision shall be the first day of the fifteen-day appeal period, and the period shall end at the close of business on the 15th day.

The filing of an appeal shall suspend the action of the City of Española until such time as the appeal shall be heard and acted upon by the Planning Commission. No decision, public hearing(s), permit, license or certificate of approval or use of land or structures involved in the application on appeal shall be held or issued until the appeal has been acted upon.

The owner, owner's agent or any aggrieved party may appeal the decision of the City Engineer and/or Planning Director made pursuant to the provisions of § 1301.

Following the receipt of a complete notice of appeal on a form provided by the Planning Department, the Planning Department shall place the appeal on the agenda of the next regularly scheduled meeting of the Planning Commission.

The Planning Commission shall concur with the City Engineer's and/or Planning Director's decision, modify the decision or reverse the decision.

Decisions of the Planning Commission regarding a decision of the City of Española Engineer and/or Planning Director may be appealed to the City of Española Council.