Blue Lake Municipal Code Ch. 16.48 Appeal

The subdivider, or any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartments project, or stock cooperative project, may appeal from any action of the Planning Commission, or from a final administrative determination by the City Planner, City Engineer, or Director of Public Works, to the City Council. The appeal shall be filed with the City Clerk within 10 days after the action of the Planning Commission or administrator from which the appeal is being taken. Upon the filing of an appeal, the City Council shall set the matter for hearing. The hearing shall be held within 30 days after the date of filing the appeal. Within 10 days following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision shall comply with the provisions of Government Code Sections 66473, 66473.5, and 66474, and shall include any findings required by those sections.

On an appeal with respect to a tentative map, if the City Council fails to act upon the appeal within the time limit specified in Section 16.48.010, 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 approved or conditionally approved, and it shall be the duty of the City Clerk to certify or state that approval.

Any interested person adversely affected by the decision of the Planning Commission or a final administrative decision of the City Planner, City Engineer, or Director of Public Works, may file a complaint with the City Council concerning any such decision. The complaint shall be filed with the City Clerk within 10 days after the action of the Planning Commission or administrator which is the subject of the complaint. Upon the filing of the complaint, the City Council shall set the matter for hearing. The hearing shall be held within 30 days after the filing of the complaint. The hearing may be a public hearing for which notice shall be given in the time and manner provided. 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 Planning Commission or the administrator. It may sustain, modify, reject, or overrule any recommendations or rulings of the Planning Commission or administrator and may make any findings which are not inconsistent with the provisions of the Subdivision Map Act or this title.

Notice of each hearing provided for in this chapter shall be sent by United States mail to each tenant of the subject property, in the case of conversion of residential real property to a condominium project, community apartments project, or stock cooperative project, at least three days prior to the hearing. The notice requirement of this section shall be deemed satisfied if the notice complies with the legal requirements for service by mail. Pursuant to Government Code Section 66451.2, fees may be collected from the subdivider or from persons appealing or filing a complaint for expenses incurred under this section.