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and material effects on the quality of life within Redwood Cites,.No inference of bias shall <br /> be made or implied due to such a request for review being filed by Council members. <br /> Sec. 1.45.8. -APPEAL FEE: <br /> The appeal fee established by City Council resolution for such appeal must be paid at the <br /> same time and together with the submittal of all appeals.Appeal fees paid by a check which <br /> is returned unpaid by the bank shall render the appeal null and void. <br /> Sec. 1.45.9. -NOTICE OF APPEAL AND CALL UP HEARINGS: <br /> A. Appeal and call up hearings,except for those authorized to be heard in executive session <br /> shall be public hearings;that are publicly noticed as required by applicable state law. <br /> The City Clerk, in the case of appeals and call ups to be heard by the City Council, the <br /> Planning Manager, in the case of appeals and call ups to be heard by the Planning <br /> Commission,or the city official whose decision is being appealed or called up,in all other <br /> cases, shall mail written notice of the time and date of the appeal and/or call up hearing <br /> at least ten (10) days prior to the hearing by first class, postage pre-paid mail to the <br /> Appellant, if any,at the address provided on the Appeal Form and also to the applicant <br /> (if not the appellant) at the address listed by the applicant on the application. <br /> B. If so requested by the Appellant and the cost of copies are paid in advance,the City Clerk <br /> shall also provide to the Appellant copies of all materials being submitted by city staff to <br /> be considered by the reviewing body. The charge for copies of such materials shall be <br /> the cost of such copies as established by resolution of the City Council. Except for reports <br /> regarding those matters authorized to be heard in executive session,the staff report and <br /> all records and materials being submitted by city staff to the reviewing body shall be <br /> made available to the public prior to or at the beginning of the hearing. In addition,when <br /> any matter is contested and a request is made in writing prior to the date of the hearing, <br /> a record shall be made and duly preserved,a copy of which shall be available at cost. <br /> Sec. 1.45.10. -APPEAL AND CALL UP HEARING PROCEDURE: <br /> A. De Novo Hearing. The reviewing body shall hear the appeal or call up as a new matter. <br /> The original applicant has the burden of proof. In addition to considering the testimony <br /> and evidence presented at the hearing on the appeal or call up,the reviewing body shall <br /> consider all pertinent information from the file as a result of the previous hearings from <br /> which the appeal or call up is taken. <br /> B. The hearing shall be conducted as other public hearings, with a staff presentation of the <br /> matter prior to the public hearing. Any member of the public, including the appellant <br /> and the applicant shall have the right to be heard by the council either in person or by <br /> counsel. Formal rules of evidence and discovery do not apply in the proceedings under <br /> this Chapter and the reviewing body may consider any evidence or information deemed <br /> relevant and reasonably reliable. No party shall have the right to cross-examine any <br /> other party or witness. <br /> C. When reviewing any decision of the Planning Commission on appeal or call up, the City <br /> Council shall use the same standards for decision making and shall make findings in <br /> accordance with the Municipal Code, Zoning Ordinance or applicable state law. The <br /> ATTY/RES0.0094/PC RESO RECOMMENDING TO ADOPT ORDINANCE AMENDING THE CITY CODE&ZONING <br /> REV:10-13-16 VR <br /> Page 5 of 33 <br />