Glenn County Municipal Code § 15.05 Appeals

• 15.05.010 Action By Director

• 15.05.020 Action By The Planning Commission

1. For proposes of this chapter, aggrieved person or persons shall mean the following:

   1. Any person affected by a decision of the director or planning commission.

   2. Anyone who, in person or through a representative explicitly identified as such, appeared at a public hearing in connection with the decision being appealed, or who otherwise informed the county in writing of the nature of his/her concerns before the hearing.

2. Any aggrieved person or persons adversely affected by any decision of the director may, within ten (10) calendar days after the action of the director, file a notice of appeal in writing to the planning commission. Said notice of appeal shall be accompanied by a filing fee and shall include the following information: 1. The name, address, and telephone number of the person requesting the appeal;

   2. The decision being appealed, any applicable project number, or some other means of identification and the date of the decision. The appellant shall be specific as to whether he is appealing the entire decision, a specific term or condition, or an environmental document (e.g., approval of a negative declaration, issuance of an exemption, adequacy of an environmental impact report);

   3. If a specific term or condition is appealed, it shall be set forth with clarity. The specific error claimed to have been made and the basis upon which the appellant claims there was an error shall also be stated;

   4. A detailed statement of the factual and/or legal grounds upon which the appeal is being taken.

   5. Appellant’s interest in the action. The appellant shall state whether he/she is the applicant or an aggrieved party;

   6. The specific relief sought.

3. Upon the filing of an appeal, the planning commission shall review the matter within thirty (30) calendar days from the date of filing the appeal.

4. The planning commission shall consider the record and such additional relevant evidence as may be offered. It shall be the responsibility of the appellant to provide the planning commission with the relevant portions of the record. The planning commission may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under the law and facts.

5. The decision of the planning commission as a result of the review shall be made by motion recorded in minutes and shall forthwith transmit a copy of the minute order to the appellant and the applicant. (Ord. 1268 § 3, 2018; Ord. 1183 § 2, 2006)

1. Within the limitations set forth in this subdivision, any aggrieved person or entity adversely affected by a formal action of the planning commission, may appeal such action by filing a written notice thereof with the Clerk of the Board of Supervisors within ten (10) calendar days after the action of the planning commission; provided that the issue being appealed was raised during the planning commission hearing.

2. The notice of appeal shall be accompanied by an appeal fee and shall include the information required by Section 15.05.010 A.

3. Applicants that appeal shall be limited to raising issues that were placed before the planning commission. Other persons or entities that appeal shall be limited to raising issues that such person or entity specifically raised, either orally or in writing, at the planning commission hearing.

4. It shall be the burden of the appellant to show by convincing evidence that the decision or conclusion of the planning commission is contrary to law, or that such decision is not supported by substantial evidence.

5. Within thirty (30) calendar days from the date of filing the appeal, the clerk of the board shall schedule the date for the hearing. The hearing shall be held within thirty (30) calendar days from the date of filing the appeal. Notice of hearing shall be given as required by Chapter 15.04. The board of supervisors may continue such hearing for one additional meeting, to be held within fifteen (15) days, any further continuances shall be with the consent of the appellant.

6. The board of supervisors shall consider the record of the planning commission and such additional relevant evidence as may be offered. It shall be the responsibility of the appellant to provide the board of supervisors with the relevant portions of the record. The board of supervisors may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation, or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under the laws and facts.

7. The decision of the board as a result of the hearing shall be made by a motion recorded in the minutes and the board shall forthwith transmit a copy of the minute order thereof to the appellant and the applicant. (Ord. 1268 § 3, 2018; Ord. 1183 § 2, 2006)

1. Automatic Appeals. If a ballot of the members of the planning commission results in a tie vote, or if the planning commission is unable to take action because of legal disqualification or abstentions, the matter shall be deemed to be automatically denied at the first hearing at which the application is considered and is unable to be acted upon; and be appealed to the board of supervisors for public hearing. Automatic appeals pursuant to this section shall not be subject to filing fees as provided for in Section 15.05.020 of this chapter.

2. Continuations. Notwithstanding subsection A of this section, if a ballot of the members of the planning commission results in a tie vote, or if a majority vote is not reached and no action results, the planning commission may decide to continue the matter for further consideration. (Ord. 1183 § 2, 2006)

Appeals from a determination by the director that an application is incomplete pursuant to Section 15.09.050 shall be permitted only to the planning commission whose decision shall be final. (Ord. 1183 § 2, 2006)