Hillsborough Municipal Code Ch. 16.32 Appeals

A. Appeal by subdivider. In the event that the city engineer determines that the tentative or final map does not comply with the Subdivision Map Act or any other applicable law or regulation or town policy, the subdivider may, as provided by the Subdivision Map Act (Government Code Section 66452.5(a) or successor provision), appeal such determination to the city council by filing a written appeal within ten days after the city engineer notifies the subdivider in writing of the city engineer's final decision and of the subdivider's right to appeal that decision. Such appeal shall include all information that the subdivider wishes the council to consider.

B. Appeal by interested person. Any other person affected by or interested in the determination of the city engineer may appeal the determination to the city council, within the time periods established by and in accordance with the provisions of in Government Code Section 66452.5(d).

(Ord. No. 696, 7-11-2011)

In the event that the subdivider does not file an appeal within the ten-day period, the city engineer's determination regarding the tentative or final map compliance shall be final.

(Ord. No. 696, 7-11-2011)

A. In the event an appeal is filed, the city clerk shall set the appeal for hearing within the time period required by Government Code Section 66452.5(a) or successor provision, and shall at the same time, but in all events no later than ten days prior to the date of the hearing, mail written notification to the subdivider of the time and place of the hearing.

B. At the hearing, the city council shall consider the city engineer's report and all information offered by the subdivider and, if applicable, the appellant, and shall uphold the city engineer's determination or find for the subdivider or appellant. The city council may order such modification to the city engineer's determination as the council deems appropriate.

C. In the event that the city council modifies the city engineer's determination, the subdivider may thereupon make such modifications as directed by the city council and resubmit the map to the city engineer for processing according to the provisions of this title.

(Ord. No. 696, 7-11-2011)