Atwater Municipal Code Ch. 16.48 Appeals

A. The subdivider may appeal to the City Council from the action of the Planning Commission. Any such appeal shall be filed with the City Clerk within ten calendar days after action of the Planning Commission from which the appeal is being taken.

B. Upon such filing of such appeal, the City Council shall set the matter for hearing. Such hearing shall be held within 30 days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision shall comply with Section 16.20.140, and shall include any findings required by such section.

(Prior Code § 10-2.7011; Ord. CS 347, 1977; Ord. CS 766, 11-10-1998)

Any interested person adversely affected by a decision of the advisory agency may file a complaint with the City Council concerning any decision of the advisory agency. Any such complaint shall be filed with the City Clerk within ten (10) calendar days after the action of the advisory agency which is the subject of the complaint. Upon the filing of the complaint, the City Clerk shall set the matter for hearing before the City Council. Such hearing may be a public hearing for which notice shall be given in the time and manner provided in Section 16.48.050.

(Prior Code § 10-2.702; Ord. CS 347, 1977; Ord. CS 766, 11-10-1998)

Upon conclusion of the hearing, the City Council shall, within seven days, declare its findings based upon the testimony and documents produced before it or before the advisory board or the appeal board. It may sustain, modify, reject or overrule any recommendations or rulings of the advisory board and may make such findings as are not inconsistent with the provisions of this title.

(Prior Code § 10-2.702; Ord. CS 347, 1977)

If the City Council fails to act upon an appeal within 30 days after filing of the appeal, the tentative map, insofar as it complies with applicable requirements of the Subdivision Map Act and this title, shall be deemed to be approved or conditionally approved as last decided, and it shall be the duty of the City Clerk to certify such approval.

(Prior Code § 10-2.702; Ord. CS 347, 1977)

A. Whenever a public hearing is held pursuant to this title, notice of the time and place thereof, including a general description of the location of the subdivision or proposed subdivision, shall be given at least ten days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation printed and published in the county and circulated in Atwater.

B. A copy of the notice shall be sent by first class mail to the party requesting the hearing at least seven days before the hearing.

(Prior Code § 10-2.801; Ord. CS 347, 1977)

Any interested person may appear at such a hearing and shall be heard.

(Prior Code § 10-2.802; Ord. CS 347, 1977)