Sec. 34-35. - Appeals. — San Fernando Planning Code

(a)

Within 15 days following the decision of the city administrative services officer on an application filed pursuant to this division, the applicant may appeal the decision to the commission by filing a notice of appeal with the secretary of the commission. For an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the secretary on the basis of the estimated cost of preparing the materials required to be forwarded to the commission as discussed in this section. If the actual cost of such preparation differs from the estimated cost, appropriate payments shall be made to the secretary.

(b)

Within 15 days following receipt of a notice of appeal and the appeal fee, the secretary of the commission shall forward to the commission copies of the application for variance, the recommendation of the city administrative services officer, the notice of appeal, all evidence concerning the application received by the city administrative services officer, and his or her decision thereon. In addition, any person may file with the

commission written arguments in support or in opposition of the decision, and the commission may, in its discretion, hear oral arguments thereon. The city clerk shall mail to the applicant a notice of the date set for hearing the appeal. The notice shall be mailed at least ten days prior to the hearing date.

(c)

Within 60 days following its receipt of the notice of the appeal, the commission shall affirm, modify or reverse the decision of the city administrative services officer. Such decision shall be based upon the commission's evaluation of the matters submitted to the commission in light of the powers conferred on the city administrative services officer and the factors to be considered.

(d)

As part of its decision, the commission may direct the city administrative services officer to conduct further proceedings on the application. Failure of the commission to affirm, modify or reverse the decision of the city administrative services officer within the 60-day period shall constitute an affirmance of the decision.

(Code 1957, § 14.14; Ord. No. 1593, § 12, 1-19-2010)