Division 8 — APPEALS

Except as otherwise provided, an applicant may request administrative review of the Director's decision pursuant to this chapter.

(Ord. 1122, passed 10-18-04)

(A) Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the Director's decision is served on the applicant/permittee.

(B) If request is untimely, the Director may, nevertheless, extend the time for commencing such review for good cause shown.

(Ord. 1122, passed 10-18-04)

A request for administrative review will be on a form provided by the Director and contain the following information:

• (A) The name, address and telephone number of the person making the request;

• (B) A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;

• (C) A brief description of all grounds for making the request; and

• (D) Such other information as may be required by the Director.

• (Ord. 1122, passed 10-18-04)

(A) Upon request for administrative review being filed, the Director will provide a copy of the notice to the City Manager within two business days.

• (B) Upon receiving a request for review from the Director, the City Manager will review the request and, within ten days of receiving the request notice, provide the appellant with a written notification that:

• (1) The Director's decision is affirmed;

• (2) The Director's decision is modified;

• (3) The Director's decision is reversed and a permit is issued or issued without special conditions.

• (C) The City Manager may, but is not required to, conduct a hearing at a time and place determined at the City Manager's sole discretion.

• (D) In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the Director's decision.

• (Ord. 1122, passed 10-18-04)

Unless otherwise provided, an applicant may appeal the City Manager's decision to the Planning Commission within ten days of that decision as provided elsewhere in this code or by city policy and procedure. Appeals to the City Council may be accomplished as set forth in this code.

(Ord. 1122, passed 10-18-04)

Pursuant to Cal. Civ. Proc. Code § 1094.8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in Cal. Civ. Proc. Code § 1094.8, or any successor statute or regulation.

(Ord. 1122, passed 10-18-04)