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7.4B <br /> Page 32 <br /> incompleteness within thirty {3Q} calendar days, then the application shall be deemed <br /> complete. <br /> D. Perfecting appeal. An appea! of a sign-related decision is effective when <br /> delivered to the City Clerk within the required time on a form prescribed by the Direcfior, <br /> accompanied by any appiicable appeal fee. The fee shall be in the amount set by the <br /> City Council. The notice of appeal shall be signed by the appellant, identifying the <br /> matter or decision appeafed from and stating the grounds of appeal. All notices of <br /> appeal on ali sign-r�[ated decisions must be filed with the City Clerk within seven (7) <br /> calendar days of when the appeal right arises. <br /> E. �1lhen appeal ric#ht arises. Un!ess tirneiiness af decision is waived by the <br /> applicant or appellant, the right to appeal a sign-reiated decision arises at the earliest of: <br /> when written notice of the Director's decision is effective under the "Notice" provision of <br /> Sect�an 3.62; when personally deliver�ci or maiied to the applicant; or when an appeilate <br /> decision is made E�y vote of the Plannir�g Cammissian or City Counci4 in a duly noficed <br /> public hearing on the matter; or the expiration of the time in which the Director or City <br /> Council is required to make a decision. <br /> F. Timeliness of decision• waiver of time. Unless otherwise provided, at each <br /> sfiage of review, all sign-related decisions shall be made within thirty {30) calendar days. <br /> This time period begins at the earliest of when the permit application is complete, when <br /> the request for interprefiation has been received, or when the appeal has besn timely <br /> and properly filed, as appiicable. When any such decision is not made within the <br /> required time, and the applicant or appellant does not waive time, then the application <br /> or appeal shali be deemed approved and the appficant or appeflant shail have the <br /> immediate right to appeal to the next level of review. The timeliness requirement may <br /> be waived by the applicant or appellant at any stage of#he process, <br /> G. Maintenance of status quo. While any sign-related decision is pending, <br /> the status quo shali be maintained unti( the review or appeal has run i#s fu(I course, <br /> uniess the subject sign is in such physical condition that it presents a serious and <br /> immediate threat to the public health and safety, in which case it may be abated as a <br /> public nuisance; pursuant t� applicable �av�. <br /> H. Hearing and decision on appeal. When any sign-related decision is timely <br /> appeaied to the City Councii, that body shall hofd a duly noticed public h�aring on the <br /> matter, hear arguments and take evidence and decide the matter within the required <br /> time period, unless the applicant or appellant waives time. The decision shail be in <br /> writing and shall state facts from the record which support any findings made. <br /> L Judicial review. Follawing exhaustion of all available appellate procedures <br /> within the City, any applicant may seek juridical review of the City's final decision <br /> pursuant to California Code of Civil Procedure section 1094.8 as that section may be <br /> amended from time to tirne. This provision does nQt iimit an appellant or applicant's <br /> ability to seek judicial review by other means. <br /> AttylOrcilOrd_219 <br /> 032007 32 <br />