A. A determination by staff of the provisions of this chapter may be appealed to the planning commission. The action of staff shall be final unless, within ten days of their decision, the applicant or any other person appeals in writing to the planning commission by filing such appeal with the planning director and paying appropriate fees.

B. A determination by the planning commission pursuant to this chapter may be appealed to the city council pursuant to the appeals procedures of Chapter 16.52 of this code in the case of subdivision map approvals, or Chapter 17.64 of this code, in the case of director review and approval, conditional use permits, or zone changes.

C. On appeal, the city council or planning commission may grant modifications from the provisions of this chapter where the appellant clearly demonstrates a practical difficulty in carrying out a specified provision. In granting the modification, the city council or planning commission shall first find that the strict application of a specified provision is impractical and that the modification is in conformance with the intent of this chapter, that the modification does not lessen any fire protection or other public safety requirements and/or serves to protect views as required by this chapter. (Ord. 5020 § 26, 2020; Ord. 4391 § 1 (Exh. A), 2006)