Chapter 876.6 — APPEALS

• A. Purpose. The purpose of this Chapter is to provide procedures for filing of appeals of the determinations by the Department staff or Director, or the decisions of the Director or Commission.

• B. Eligible appellants.

  1. All appeals, except Variances/Minor Deviations. Any appeal, except for Variances/ Minor Deviations, may be filed by an applicant, a County Department Director, or any member of the Board.

  2. Variance/Minor Deviations appeals. Variances/Minor Deviations my be appealed by an applicant, a County Department Director, any member of the Board, or by a property owner located within 300 feet of the external boundaries of the subject property.

  3. Site Plan Review appeals. Appeal of a Site Plan Review shall be limited to its conditions of approval and/or operational characteristics and not the use itself.

Determinations and decisions that may be appealed and the authority to act on an appeal shall be as follows:

• A. Department staff. Any determination rendered by the Department staff may be appealed to the Director.

• B. Director. Any determination or decision rendered by the Director may be appealed to the Commission, except for determinations made by the Director on a Substantial Development, which may only be appealed to the Board.

• C. Commission appeals. Any decision rendered by the Commission may be appealed to the Board, except for the Commission’s action on an appeal of a Director’s Review and Approval, which is not eligible for an appeal to the Board.

• D. Board considerations. The decision of the Board shall be final and shall become effective upon adoption of the resolution by the Board.

• A. Applications.

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Chapter 876.6

Appeals

1. Appeals shall be in filed writing to the Department or the Clerk of the Board, as specified in Subsections B. and C., below.

2. The appellant shall state the specific reasons for the basis of the appeal.

3. Appeal applications shall include the required fee, in compliance with the Master Schedule of Fees.

• B. Department staff or Director. An appeal of a determination by the Department staff, or appeal of a determination or decision of the Director, shall be filed in writing with the Department within 15 days following the date of the final action for which the appeal is made.

• C. Commission. An appeal of a Commission decision shall be filed on a form provided by the Clerk of the Board within 15 days following the date of the final action for which the appeal is made.

• D. Last day to file . If the last day to file an appeal falls on a legal holiday recognized by the County or on a Saturday or Sunday, the following business day shall be deemed the last day to file the appeal.

A. Administrative review.

1. Appeals to the Director shall be an administrative review by the Director of a Department staff determination.

2. The Director may choose to convene a meeting with interested parties before rendering a decision on the appeal.

3. Any meeting(s) conducted by the Director shall not require a public notice.

• B. Appealed to Commission. The Director’s decision may be appealed to the Commission, in compliance with Section 876.6.030 (Filing and Processing Appeals), above.

A. Notice of appeal.

1. Public notice of an appeal to the Commission or Board shall be given in the same manner in which the original notice was given, in compliance with Chapter 874.6 (Public Hearings).

2. The hearing date shall be set by the Director (for a Commission hearing) or by the Clerk of the Board (for a Board hearing).

Final Zoning Ordinance

February 2024

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Chapter 876.6

Appeals

• B. Delay of proceedings. The filing of an appeal shall suspend all proceedings associated with the matter subject to the appeal (e.g., issuance of a Building or Grading Permit, etc.), pending the County’s final action on the appeal.

C. Joining an appeal.

1. Only those persons who file an appeal within the 15-day appeal period in compliance with Section 876.6.030 (Filing and Processing of Appeals), above, shall be considered appellants of the matter under appeal.

2. Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section 876.6.030 (Filing and Processing of Appeals).

3. A person(s) shall not be allowed to join an appeal after expiration of the 15-day appeal period.

• D. Board hearing required. The appeal of a Commission decision on any application filed and heard concurrently with other applications shall require a Board hearing of each of those applications.

E. Appeal to be treated as a new hearing.

1. Hearing shall be de novo. The appeal hearing shall be de novo and considered a new hearing where the review authority may consider any issue(s) associated with the appeal, in addition to the specific grounds for the appeal.

2. Exception to de novo.

• a. Where the appeal is to a condition(s) imposed or not imposed in which event the hearing and the decision of the review authority shall relate only to the condition(s) which are the subject of the appeal.

• b. The Board, at its discretion, may choose not to conduct the appeal hearing as de novo.

3. Actions of the review authority . When reviewing an appeal, the review authority may:

• a. By resolution, affirm, affirm in part, or reverse the action, the determination, or decision that is the subject of the appeal; and

• b. Adopt additional conditions of approval deemed reasonable and necessary or delete any of the conditions recommended or approved by the previous review authority.

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February 2024

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4. Refer back further consideration. If new or different evidence is presented on appeal, the Commission or Board, may, but shall not be required to, refer the matter to the Director or Commission, as applicable, for further consideration.

F. Adoption of findings.

1. When reviewing an appeal the review authority shall adopt findings in support of the intended action on the appeal.

2. The nature of the findings shall be in compliance with the findings adopted by the original review authority (e.g., Conditional Use Permits Chapter 842.5 and Variances/Minor Deviations Chapter 860.5, etc.)

G. Rendering of decision.

1. The Director’s and Commission’s decision shall be made following the close of the hearing and shall be final, unless appealed in compliance with this Chapter.

2. The Board’s decision shall be made following the close of the hearing and shall be final, unless the Board’s action is overturned through litigation, in compliance with Government Code Section 65009(c).

3. In the event the action is not appealed to a court in compliance with Government Code Section 65009(c), it shall be presumed that the petitioner has not acted with the due diligence in asserting his/her rights and the action of the County shall be deemed to be final.

4. A copy of the review authority’s resolution shall be mailed to the appellant/applicant at the address shown on the application.

• A. Department staff or Director . A determination by the Department staff appealed to the Director, or a determination or decision of the Director, appealed to the Commission shall not become final, unless and until a decision is made by the Director or Commission.

• B. Commission. A decision of the Commission appealed to the Board shall not become final, unless and until a decision is made by the Board.

• C. Board’s decision is final. The Board’s decision shall be considered final, unless an appeal of the decision is filed with a court of competent jurisdiction, in compliance with Government Code Section 65009(c).

Final Zoning Ordinance

February 2024

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Chapter 878.6

Enforcement