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01 /09/2012 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. B. The hearing shall be conducted as other public hearings, with a staff presentation of the matter prior to the public hearing. Any member of the public, including the appellant and the applicant shall have the right to be heard by the council either in person or by counsel. Formal rules of evidence and discovery do not apply in the proceedings under this chapter and the reviewing body may consider any evidence or information deemed relevant and reasonably reliable. No party shall have the right to cross-examine any other party or witness. C. When reviewing any decision of the Planning Commission on appeal, the City Council shall use the same standards for decision making and shall make findings in accordance with the Municipal Code, Zoning Ordinance or applicable state law. The Council may adopt the Planning Commission's decision and findings as its own or may affirm, reverse or modify any decision or determination appealed to the Council. D. Notice of the decision of the Reviewing body shall be provided to the Appellant and the Applicant in the same manner as Notice of the hearing. Section 2. This ordinance is not a project subject to the California Environmental Quality Act. Section 3. The City Clerk shall publish this Ordinance in accordance with applicable law. Section 4. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption. ,� � . ATTY/ORD.356/AMEND. MUNI CODE ADD A NEW ARTICLE III TO CHAPTER 1 RE APPEAL ORD. # 2373 REV: 12/13/11 FORMERIY MUFF # 305 3