Portola Valley Municipal Code Ch. 17.60 Appeals

If the subdivider is dissatisfied with any action or decision of any administrative official in the administration or enforcement of this title, he may appeal in writing to the planning commission. The appeal shall be filed with the planning commission within fifteen days of the date of action and shall state specifically wherein it is claimed there was error or abuse of discretion by the administrative official. Upon the filing of an appeal the planning commission shall give notice to the subdivider of the date when the action of the administrative official will be reviewed by the planning commission. A hearing on the appeal shall take place at the next regular meeting of the planning commission. The planning commission shall consider the statement filed in appeal, such maps and data submitted therewith as may have been filed, any reports submitted by the town engineer, health officer, fire chief and town planner in determining whether there was an error or abuse of discretion by the administrative official. The planning commission may modify or overrule the action of the administrative official. Within three days of the close of the hearing the planning commission shall report in writing its action and the reasons therefor to the subdivider and the town engineer, the town planner and any other administrative official involved.

(Ord. 1967-71 § 1 (7671.2), 1967)

If the subdivider or other interested party is dissatisfied with any action of the planning commission with respect to the tentative map or the kinds, nature and extent of the improvements recommended by the planning commission to be required, he may, within fifteen days after such action, appeal to the council for a public hearing thereon. An appeal shall be filed with the town clerk and shall state specifically wherein there was an error or abuse of discretion by the planning commission. On filing of an appeal the planning commission shall transmit to the town clerk:

A. The copy of the tentative map on which the planning commission action is certified and the statements and materials submitted therewith by the subdivider;

B. The reports of the town engineer, health officer, fire chief and the town planner;

C. Any reports received from other public and private agencies to which the tentative map was transmitted;

D. The record of the planning commission actions and any additional supporting information.

(Ord. 1989-245 § 2 (Exh. B) (part), 1989: Ord. 1967-71 § 1 (7671.4), 1967)

The town clerk shall give notice to the subdivider and the planning commission of the date when the action by the planning commission will be reviewed by the council. The council shall hear the appeal within ten days of the filing of the appeal or at its next succeeding regular meeting, unless the subdivider consents to a continuance. The council shall consider the tentative map and data submitted therewith, the reports of the town engineer, health officer, fire chief and town planner and other reports and recommendations submitted by the public and private agencies to which the tentative map was transmitted. At the meeting, the council shall hear the testimony of the subdivider or any witness in his behalf and the testimony of the representatives of the planning commission or any witness in its behalf. It may also hear the testimony of other competent persons respecting: the character of the neighborhood in which the subdivision is to be located, the kinds, nature, and extent of the improvements; the kind or quality of development to which the neighborhood is best adapted; and any other phase of the matter in respect to which it may be desirable to inquire into.

(Ord. 1967-71 § 1 (7671.41), 1967)

Upon conclusion of the hearing the council shall, within seven days, declare by resolution its findings and action based upon the testimony produced before it. It may sustain, modify, reject, or overrule any recommendation or rulings of the planning commission and make such findings as are not inconsistent with this title or the Subdivision Map Act. The council shall report its action by sending a copy of the resolution to the subdivider, the planning commission, and the town engineer. If the action of the commission is modified, rejected or overruled, the council shall also report its action by sending a copy of the resolution to the public and private agencies to which copies of the tentative map were transmitted.

(Ord. 1967-71 § 1 (7671.42), 1967)