13.16.450 - Appeal to the city Planning Commission.

Except as provided elsewhere in this chapter, the following appeal procedures govern. Within ten (10) calendar days after the date of a written decision by the Chief of Building Services on an application for a Creek Protection Permit, pursuant to Section 13.16.210, or within ten (10) calendar days after the date of a written decision by the Environmental Services Manager for a creek determination, pursuant to Section 13.16.030, an appeal from said decision may be taken to the City of Oakland City Planning Commission by the applicant or any other interested party. In event the last date of appeal falls on a weekend or holiday when City offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by CEDA and shall be filed with such Agency. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Chief of Building Services or wherein his/her decision is not supported by the evidence in the record. Upon receipt of the appeal, the City of Oakland City Planning Commission, shall set the date for consideration thereof and, not less than ten (10) days prior thereto, give written notice to: the applicant; the appellant in those cases where the applicant is not the appellant; adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as the City of Oakland City Planning Commission deems appropriate, of the date and place of the hearing on the appeal. In considering the appeal, the City of Oakland City Planning Commission shall determine whether the proposed use conforms to the permit criteria set forth in Sections 13.16.130 and 13.16.200, and may grant or deny a permit or require such changes in the Permit Category, proposed use or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria. The decision of the City of Oakland City Planning Commission shall be final.

(Ord. 12439 § 1, 2002: Ord. 12024 § 1 (part), 1997)

13.16.460 - Appeal to Director of PWA.

Except as provided elsewhere in this chapter (including without limitation, Orders to Abate, Emergency Work, Administrative Citations and Penalties, Creek Determination, and Creek Protection Permit), the following appeal procedures govern. Within ten (10) calendar days after the date of a written decision by the Environmental Services Manager, an appeal from said decision may be taken to the Director by the applicant or any other interested party. In event the last date of appeal falls on a weekend or holiday when city offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Public Works Agency (PWA) and shall be filed with such Agency. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Environmental Services Manager or wherein his/her decision is not supported by the evidence in the record. Upon receipt of the appeal, the Director shall set the date for consideration thereof and, not less than ten (10) days prior thereto, give written notice to: the applicant; the appellant in those cases where the applicant is not the appellant; adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as the Director or his or her designee, deems appropriate, of the date and place of the hearing on the appeal. Upon receipt of the appeal, the Director shall consider the purposes and intent, as well as the letter, of the pertinent provisions of the chapter, and shall affirm, modify or reverse the Environmental Services Manager's written decision. The decision of the Director shall be final.

(Ord. 12439 § 2, 2002: Ord. 12024 § 1 (part), 1997)

13.16.470 - Fee schedule.

Fees, and regulations pertaining to fees, for filing of applications, written decisions and appeals shall be in accordance with the city Master Fee Schedule.

(Ord. 12024 § 1 (part), 1997)