A. The subdivider, or any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, may appeal any action of the Planning Commission by filing such appeal with the City Clerk within ten days of the Planning Commission decision. The City Council shall consider the appeal within thirty days after the date of filing such appeal.

This appeal shall be a hearing with notice as set forth in Section 21.16.045 and upon conclusion of the hearing, the Council shall, within ten days, declare its findings. The Council may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this title or the Subdivision Map Act.

The notice of appeal shall be filed in duplicate and the City Clerk shall immediately forward one copy to the secretary of the Planning Commission. Within ten days after the filing of a notice of appeal the secretary of the Planning Commission shall transmit to the City Council a copy of the application for tentative map approval, the notice of appeal and a report setting forth the Planning Commission’s reasons for the action taken.

If the City Council fails to act upon an appeal within the time limit specified in this chapter, the tentative map, insofar as it complies with applicable requirements of this title and the Subdivision Map Act, shall be deemed to be approved or conditionally approved as last approved or conditionally approved, and it shall be the duty of the City Clerk to certify such approval.

B. Any interested person adversely affected by a decision of the Planning Commission may file a complaint with the City Council within ten days after action which is the subject of the complaint. The City Council may, at its discretion, reject the complaint within fifteen days or set the matter for hearing. If the City Council rejects the complaint, the complainant shall be notified of such action.

If the matter is set for hearing, the hearing shall be held within thirty days after the filing of the complaint, notice given pursuant to the procedures contained in Section 21.16.045 and with additional notice being given to the affected interested persons. Upon conclusion of a hearing, the council shall, within seven days, declare its findings. The council may sustain, modify, reject, or overrule any decision of the Planning Commission, and may make such findings as are not inconsistent with the provisions of this title or the Subdivision Map Act.

If no action has been taken by the council within thirty days of the day the complaint was filed, the action of the commission shall be deemed affirmed and the appeal denied.

The filing of a notice of appeal or complaint within the time and manner specified above shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until the determination of the appeal by the City Council or until the expiration of applicable time limit for acting on appeals imposed by the Subdivision Map Act.

C. If a ground of an appeal is that the action under appeal constituted a taking of the subject property or any part thereof under the California or United States constitutions, that ground and all evidence and argument in support thereof shall be clearly stated as a separate ground of the appeal, or it shall be waived. This requirement shall apply to appeals on the ground that the decision or any condition imposed by it denied the applicant any reasonable economic use of the subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to any impact of the project, or for any other reason constituted a taking of property for public use without just compensation. In such cases, the Council may require that testimony be under oath and subject to cross-examination by the appellant and the City Manager or their designee. (Ord. 6595-NS § 1, 2000: Ord. 5793-NS § 2 (part), 1987)