§ 13.48.270. Time for director's action - Appeal.

A.

The director of planning shall act on such application within sixty days after the acceptance of said application is complete or within fifteen days after his receipt of the comments and recommendations of the historic landmarks commission, whichever is sooner. The applicant may, at any time prior to the director's hearing, request in writing an extension of time in order to enable him to submit additional or amended documentation. Such extension will grant the applicant a period of thirty days, during which period the time for the director's action under this section shall be tolled. Only one such extension shall be granted. If the director fails to take action within the time above provided, the director shall not thereafter take action, and the application shall be deemed denied and such denial shall be deemed to be appealed to the city council by the applicant.

B.

Before the director may take action on the application, he must conduct at least one public hearing thereon. He may, before taking action, conduct more than one public hearing.

C.

Any action taken by the director shall be in writing and shall be filed by him in his office. At the time he files the same, he shall mail notice thereof to the applicant and to all other persons who, in writing on a form provided by the director, have requested such notice. A separate request for notice must be filed for each structure within an historic district and for each landmark.

D.

Any action taken by the director may be appealed to the city council by the applicant or any person who is a taxpayer of the City of San José, within the meaning of Section 526a of the Code of Civil Procedure of the state of California, by filing with the director a written notice of appeal within ten days after the action of the director is filed.

E.

The action of the director shall not be final during said ten-day period and unless a notice of appeal therefrom is filed within said ten-day period, the action of the director is final and the proceedings shall terminate at the conclusion of said ten-day period. No HP permit issued by the director shall have any force or effect prior to the time that his action issuing the same shall have become final. If, within said ten-day period, a notice of appeal from the action of the director is filed, then, in such event, the action of the director shall not become final and his action shall, on the filing of such notice within said ten-day period, become null and void, the proceedings shall not terminate at the conclusion of said ten-day period, and the matter shall come before the city council for action.

F.

Within five days after the filing of a timely notice of appeal from the director's action, or within five days after the expiration of the time above provided within which the director may take action, the director shall file with the city clerk a copy of the application together with copies of the notice of appeal and of the vacated action of the director or his written statement that the matter is on appeal by reason of his failure to take action within the time required.

(Ords. 20884, 21704.)