A. Purpose. This section identifies the procedures for filing and processing an appeal consistent with California Government Code Section 65900 et seq. The appeal provisions of this section shall govern appeals of all planning and zoning matters, and other entitlement procedures in this title.

B. Appeal Applicability and Authority. Any person dissatisfied with a determination or action of the town planner or planning commission made pursuant to this title may appeal such action to the city council within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available.

C. Filing an Appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed with the city clerk within ten days following the date of determination or action for which an appeal is made and be accompanied by a filing fee established by city council resolution. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be the subject of the appeal (e.g., building permits).

D. Notice and Schedule of Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within forty days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to the noticing requirements of section 17.06.080 (Public Notices).

E. Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing and the city council may reverse, modify, or affirm the decision in whole or in part. In taking its action on an appeal, the city council shall state the basis for its action. The city council may modify, delete, or add such conditions as it deems necessary. The city council may also refer the matter back to the original approval authority (as described in Table 17.06.070-1) for further action. The action of the city council is final on the date of decision and, unless otherwise expressly provided by this title, may not be further appealed. A person may seek judicial review of a final decision of the town in accordance with applicable sections of the California Government Code or Code of Civil Procedure. (Ord. 582 § 1 (Exh. A (part)), 2009)