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A. If, after receipt of an initial application for tentative subdivision map, the development services director or designee determines that the application is not complete and upon resubmittal of the same application the development services director or designee determines the same, the subdivider or designated representative may appeal the community development director’s or designee’s determination to the planning commission by filing a written notice of appeal and payment of fees with the planning director within ten days of said determination. The appellant shall set forth in writing the precise basis and issues on appeal and request a hearing thereon.

B. Notice of the date, time and place of the hearing shall be mailed or delivered at least ten days prior to the hearing to the subdivider or designated representative of the subject real property, the owner’s duly authorized agent, the project applicant, and the appellant. Notice shall also be mailed to every person filing with the planning director a written request for notice.

C. Any person not satisfied with the decision of the planning commission may, within ten days of the date of that decision, appeal to the city council. All procedures for notice, review of the appeal, and the holding of the public hearing within Section 17.08.080(E) shall also apply to the city council.

D. Failure to file an appeal within the time period prescribed therefor shall be deemed a waiver of the right of appeal. (Ord. 4939 § 8, 2018; Ord. 4714 § 1, 2012; Ord. 4232 § 6, 2005)