A.

Notice of any public hearing required under the terms of this title shall be given at least ten (10) calendar days prior to the hearing by at least one publication in a newspaper of general circulation within the city and by the U.S. Mail, postage prepaid, to all persons whose name and address appear on the latest adopted tax roll as owning property within a distance of three hundred (300) feet from the exterior boundaries of the area subject to the hearing. (Government Code § 65090)

B.

Any defect or error appearing in such notice shall not divest the Planning Commission or City Council or jurisdiction nor invalidate any proceedings.

(Ord. 775 (part), 2004).

A.

All interpretations and decisions of the administrative staff authorized by this title are subject to appeal. Appeals of any administrative interpretation or decision, shall be made by filing a written appeal with the City Clerk. The Planning Commission shall hear and decide on the appeal within forty five (45) days of filing the appeal, and shall make findings supporting their decision on the matter. The decision of the Planning Commission on such matters can be appealed to the City Council as provided in Section 16.14.030.

(Ord. 775 (part), 2004).

A.

In case the applicant or others affected are not satisfied with the action of the Planning Commission they may, within ten (10) calendar days after rendition of the decision thereon by the Commission, appeal in writing to the City Council.

B.

The appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk, and by the payment of an appeal fee as set by resolution of the City Council. The City Manager shall set the date for the hearing of the appeal at the next regular meeting of City Council, provided that the meeting shall be at a date after notice thereof is given to the applicant, the appellant, and to the Planning Commission as provided in Section 16.14.010. The Planning Director shall submit a report to the City Council prior to the hearing setting forth the reasons for the action taken by the Commission.

C.

The City Council shall render its decision within forty-five (45) days after the conclusion of the hearing and the City Council in its decision may reverse, set aside, affirm, amend or modify the action of the Planning Commission or remand the matter to the Planning Commission for further study or action. Failure of the council to render its decision within the period shall be deemed to be an affirmance of the action of the Planning Commission.

D.

No building permit shall be issued in any case where a conditional use permit is required by the terms of this title until after the period allowed for appeal. In the event of an appeal no such permit shall be granted until the matter has been finally approved . Building permits issued pursuant to this chapter shall conform to the terms and conditions of the conditional use permit granted.

(Ord. 775 (part), 2004).