Amendments to This Chapter or Adoption of Precise Plans. Such amendments, which include amendments of changes to the official City zoning map, or precise plans may be initiated by the Council, the Commission or any interested person. In the event they are initiated by an interested person, an application for such amendment or the adoption of precise plans shall be made on forms provided by the Commission for this purpose, duly signed and verified by the applicant, and filed with the Commission.

Issuance of Variances or Conditional Use Permits. A request for variance or conditional use permit may be initiated by an application made by any interested person on forms provided by the Commission for this purpose, duly signed, and verified by the applicant, and filed with the Commission.

Revocation or Modification of Variances or Conditional Use Permits. The revocation or modification of any variance or conditional use permit may be initiated by the Commission or the Council on its own motion, or by an application made by any interested person, or person damaged or adversely affected by a continuance of such variance or conditional use permit, on forms provided by the Commission for this purpose, duly signed and verified by such person, and filed with the Commission.

Determination of Other Permitted Buildings and Uses. The determination that a building or use not specifically permitted is nevertheless a permitted use may be initiated by an application made by an interested person on forms provided by the Commission for this purpose, duly signed and verified by such person, and filed with the Commission.

Before the Commission. Acting as the case may be upon receipt of advice from the City Clerk that the Council has initiated any proceedings; upon receipt of an application for an amendment to this chapter, or the adoption of a precise plan or application for issuance of a variance or conditional use permit, or the modification or revocation thereof; in accordance with instructions of the Commission in a case where any such proceeding has been initiated by the Commission on its own motion; or upon the filing of an appeal pursuant to Section 6.80.170; the secretary of the Commission shall set the time and place of such hearing. The date of the first hearing shall be not less than 10 days nor more than 40 days from the initiation of the proceedings.

Before the Council. Upon appeals taken to the Council from a decision of the Commission, and on all matters required by statute or this chapter, to be acted upon by the Council, the Council or City Clerk shall fix the time and place of such public hearing. The date of the first hearing shall be not less than 10 days nor more than 40 days from the date the appeal is filed with the City Clerk, or where action by the Council is required or taken, without an appeal being filed, then from the date of the Commission’s decision, whether resulting either from action or inaction on the part of the Commission. If the Council finds that it is impractical to hold such hearing within such 40-day period, the Council may extend the period.

Notice of the time and place of public hearings shall be given in the following manner:

Contents. The notices shall contain the following information:

The adoption of a precise plan or of a zoning ordinance or any amendment, extension or addition to any of them, shall be by resolution of the Commission, carried by the votes of the majority of the total voting members of the Planning Commission.

All other actions by the Commission may be by a majority vote of those present; provided there is a quorum.

All actions under this chapter by the Council shall require the vote of a majority of its members.

Where proceedings are initiated before the Commission, the Commission shall, not more than 40 days following the initial hearing, or, if the proposal is initiated before the Council and referred back to the Commission by the Council, the Commission shall, within 40 days after such referral, or such longer period as the Council may have designated, announce its findings by formal resolution.

In the event the Council initiates a change or addition to all or part of an adopted master or general plan, the Commission shall, within 90 days after the reference, or such longer period as may be designated by the Council, make a report to the Council by formal resolution.

The secretary of the Commission, or the City Clerk, depending upon whether the hearing was held before the Commission or the Council, shall cause notice of the decision or official action of the Commission or council to be given the applicant, the City Clerk if the action or decision was the Council’s and the secretary of the Commission if the action or decision was the Commission’s, and also to any person whose variance or conditional use permit was revoked or modified. The notice may be served personally or, in the alternative, sent by mail, addressed to the person at his or her address shown in the application. The notice shall be deemed served at the time it is deposited in the United States mail.

A Notice of Decision regarding each Planning Commission action regarding applications shall be filed by the Community Development Director or designee with the City Clerk, together with a report of the proceedings after the decision. The City Clerk shall place the notice of the decision on the next agenda of the City Council held five or more days after the Clerk receives the notice from the Community Development Director or designee. The City Council shall receive and file a report of the Planning Commission’s action unless the application is: (1) appealed pursuant to Section 6.80.170 (Appeals); or (2) the City Council determines to review the Planning Commission’s action pursuant to Section 6.80.170(E).

Authorization. Appeals under this chapter may be taken from any decision to the Council; except, that an appeal from the denial of a home occupation permit by the City Clerk shall be taken to the Commission pursuant to Section 6.08.180(D).

Time for Appeal. An appeal under this chapter must be filed within 15 days after notice of the action or decision being appealed is given, except when the next regular meeting of the City Council is beyond the 15-day appeal period, a council member shall have the right until the next quorumed meeting.

Form of Appeal. Every appeal, except where the review is had upon the Council’s own motion, shall be in writing, stating the grounds therefor and setting forth the alleged error.

Filing the Appeal. The original of the appeal shall be filed with the clerk or secretary of the body to which the appeal is taken.

Review by the City Council. When notice of the Planning Commission’s decision regarding an application appears on the City Council’s agenda, the City Council may, by majority vote, elect to review and re-consider the Planning Commission’s decision. If the City Council makes such determination, the matter will be set for public hearing and notice of the time and place of the public hearing shall be given pursuant to Section 6.80.050 (Notices of public hearings—Publications)

Action on Appeal. The Council or Commission, as the case may be, shall hear and decide the case de novo, as if no other hearing has been held. At the conclusion of such hearing, the Council or Commission may affirm the action or decision appealed from or modify or reverse the same; provided, that the Council shall not make a change in any proposed precise plan, regulations or amendment thereof, or a change in any amendment to this chapter which changes any property from one zone to another or imposes any regulation listed in Section 65800 of the Government Code of the State, recommended by the Commission until the proposed change has been referred to the Commission for a report, and a copy of the report has been filed with the Council.

Filing Fee. Except as otherwise provided, fees for the filing of appeals shall be governed by Section 6.80.030.

Hearings and Notice Procedure Generally. All procedural requirements set forth in this chapter not inconsistent with the provisions of this section shall, where applicable, govern appeals taken pursuant to this section.