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ATTY/ORD.437/ORDINANCE ADOPDTING & AMENDING ZA – LEVEL OF REVIEW <br />REV: 11-18-16 VR <br />Page 4 of 28 <br />Sec. 1.45.8. – APPEAL AND CALL UP FEES: A. The appeal fee established by City Council resolution for such appeal shall be paid at the same time and together with the submittal of all appeals. Appeal fees paid by a check which is returned unpaid by the bank shall render the appeal null and void. ‘ B. No fee shall be required for a Council member to request a call up. Sec. 1.45.85. – SCHEDULING AN APPEAL OR CALL UP: A. Upon receiving an appeal that satisfies all applicable requirements, the City Clerk shall place the item on the next available agenda of the reviewing body, except where the time for review is otherwise specified in the Municipal Code or the Redwood City Zoning Code. Matters called up or appealed shall be heard within 90 days. The next available agenda shall be determined by the City Manager. B. Upon receiving a request for call up from two (2) or more Council members, the City Clerk shall place the item on the next available City Council agenda or Planning Commission agenda, if the call up is being made to the Planning Commission pursuant to Section 41.8 (Call ups) of the Zoning Code. The next available agenda shall be determined by the City Manager. Sec. 1.45.9. – Notice of Appeal and Call Up Hearings: A. Appeal and call up hearings, except for those authorized to be heard in closed session, shall be public hearings that are publicly noticed as required by applicable state law. Written notice of the time and date of the appeal and/or call up hearing shall be provided at least ten (10) days prior to the hearing by first class, postage pre-paid mail to the appellant, if any, at the address provided on the appeal form and also to the applicant (if not the appellant) at the address listed by the applicant on the application. B. If so requested by the appellant, if any, and the cost of copies are paid in advance, the City Clerk shall also provide to the appellant copies of all materials being submitted by city staff to be considered by the reviewing body. The charge for copies of such materials shall be the cost of such copies as established by City Council resolution. Except for reports regarding those matters authorized to be heard in closed session, the staff report and all records and materials being submitted by city staff to the reviewing body shall be made available to the public at the time of distribution. In addition, when any matter is contested and a request is made in writing prior to the date of the hearing, a record shall be made and duly preserved, a copy of which shall be available at cost. Sec. 1.45.10. – Appeal and Call Up Hearing Procedure: A. De Novo Hearing. The reviewing body shall hear the appeal or call up as a new matter. The original applicant has the burden of proof. In addition to considering the testimony and evidence presented at the hearing on the appeal or call up, the reviewing body shall consider <br />7.C. - Page 11