Pinole Municipal Code Ch. 16.36 Appeals

Pursuant to the provisions of Section 66452.5 of the Government Code, the subdivider may appeal from any action of the planning commission with respect to any tentative map to the City Council as provided in this chapter in Section 66452.5. (Ord. 375 § 2 (part), 1978: Ord. 89 § 8.1, 1955).

Any interested person adversely affected by a decision of the planning commission with respect to a tentative map may file an appeal with the City Council in the manner and form provided in this chapter. (Ord. 375 § 2(part), 1978: Ord. 89 § 8.2, 1955).

For purposes of this section, the City Council of the city of Pinole finds that a resident or a property owner is an interested person adversely affected by the decision of the planning commission. (Ord. 375 § 2(part), 1978: Ord. 89 § 8.3, 1955).

Such appeal shall be filed with the City Clerk within fifteen days after the action of the planning commission. The appeal may be on a form provided by the City Clerk, including the name and address of the appellant, residence and/or property owned, if any, and the grounds or reason for the appeal. (Ord. 375 § 2(part), 1978: Ord. 89 § 8.4, 1955).

At the first public meeting of the City Council following the filing of appeal, a hearing shall be set not later than thirty days following the filing of the appeal. (Ord. 375 § 2(part), 1978: Ord. 89 § 8.5, 1955).

Notice of hearing shall be by publication once at least ten days before the hearing in a newspaper of general circulation circulated in the city. (Ord. 375 § 2(part), 1978: Ord. 89 § 8.6, 1955).

Upon conclusion of the hearing, the City Council shall, within seven days, declare its findings based upon the testimony, evidence and documents produced before it or the planning commission. The City Council may sustain, modify, reject or overrule any recommendation or ruling of the planning commission and may make such findings as are not inconsistent with the provision of Section 66451 et seq. of the Government Code and any ordinance that has been adopted pursuant to this chapter. (Ord. 375 § 2(part), 1978: Ord. 89 § 8.7, 1955).