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Section 1211.08    Appeals And Relief

  1. Appeals
    1. Any party-in-interest aggrieved by a final decision or order of the City
      Manager or Planning Commission pursuant to this Chapter may appeal to the
      City Council. All appeals shall be filed within ten (10) days after such final
      decision or order. Upon the filing of an appeal, the City Manager or Planning
      Commission, as relevant, shall forward to the City Council all relevant files
      and records relating to the matter.

    2. The filing of an appeal shall not stay the action of the City Manager or
      Planning Commission.

    3. The City Council may affirm, modify, or overrule the decision of the City
      Manager or Planning Commission based on the criteria provided in this
      Chapter.

    4. If as a result of a successful appeal, additional allotments are made, the City
      Council shall instruct the City Manager as to how many dwelling units shall
      receive allotments, when such allotments are to be made, and what effect such
      allotments will have on the current or subsequent annual allocation to ensure
      that the annual residential dwelling unit allocation established pursuant to
      Section 1211.04 is not exceeded.

    5. Any party-in-interest aggrieved by a final decision or order of the City Council
      pursuant to this Chapter may appeal as provided by law.

  2. Hardship Relief
    1. If an applicant for an allotment who has complied with all requirements of the
      Residential Development Allotment System fails to receive an allotment in two
      successive semiannual allotment periods and maintains that no reasonable use
      of its property remains due to the failure to receive an allotment, the applicant
      may apply to the City Council for relief pursuant to the terms and conditions
      set forth below.

    2. Upon filing an application for hardship relief, the City Manager shall forward
      to the City Council all relevant files and records relating to the subject
      application together with a recommendation regarding relief as may be
      necessary and appropriate to relieve any undue hardship.

    3.  The City Council may review the relevant application and allotment, take
      testimony from City staff, the applicant, and other persons as it deems
      appropriate, and review any other documentary evidence submitted by the
      applicant.

    4. At the conclusion of its review, the City Council may take any or a
      combination of the following actions that will substantially relieve the alleged
      hardship in a manner most consistent with the purposes and intent of this
      Chapter.
      1. Grant the applicant an allotment for all or a specified number of
        dwelling units requested in the next allocation period or extended
        prorata over several allocation periods. All such allotments shall be
        deducted from the available annual allocation for that allocation year or
        subsequent years.
      2. Offer to purchase the property or an interest therein at fair market
        value.
      3. Offer other such relief as may be necessary and appropriate.
      4. Deny the application for relief.