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8.A. - Page 10 ATTACHMENT 3 requests review, there is a presumption that the reason for the review is that the action has significant and material effects on the quality of life within Redwood City. No inference of bias shall be made or implied due to such a request for review being filed by a Council member. Sec. 1.49 APPEAL FEE The appeal fee established by City Council resolution must be paid at the same time and together with the submittal of the appeal. Appeal fees paid by a check which is returned unpaid by the bank shall render the appeal null and void. Sec. 1.49 NOTICE OF APPEAL HEARINGS A. Appeal hearings, except for those authorized to be heard in executive session, shall be public hearings, publicly noticed as required by applicable state law. The City Clerk, in the case of appeals to be heard by the City Council, the Planning Manager, in the case of appeals to be heard by the Planning Commission, or the city official whose decision is being appealed, in all other cases, shall mail written notice of the time and date of the appeal hearing at least ten days prior to the hearing by first class, postage pre-paid mail to the Appellant 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 and the cost of copies is 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 resolution of the City Council. Except for reports regarding those matters authorized to be heard in executive 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 prior to or at the beginning of the hearing. 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. 1.50 APPEAL HEARING PROCEDURE A. De Novo Hearing. The reviewing body shall hear the appeal 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, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken. ATTY/ORD.356/APPEAL ADDING A NEW ARTICLE III TO CHAPTER 1 093011 2