Kings County Zoning Code § 1710 Review by the Board of Supervisors

• A. Within eight days following the date of a decision by the Planning Commission on a Conditional Use Permit application or on an extension of time for a CUP, or on the revocation of a CUP, the Board, on its own motion, may initiate proceedings to review the decision of the Commission. The Board shall specify the reason(s) for its review and the review shall be limited to the issues and evidence raised before the Commission.

• B. The Clerk of the Board shall give notice of the time and place when the decision of the Planning Commission will be reviewed by the Board of Supervisors. Notice will be given in the same manner as provided in Section 1903 of this Development Code for notice of hearing on appeal, except that where the review is of a decision of the Commission concerning the revocation of a use permit, and in that case, notice shall be required to be given only to the permit holder of the use permit.

Sec. 1711. Appeals: The applicant or any other directly affected person or party may appeal the decision of the Planning Commission in writing, setting forth his or her reason for such appeal:

• A. Appeal to the Board of Supervisors. Within eight days following the date of a decision of the Planning Commission on a use application or an application for extension of a Conditional Use Permit, the applicant or any other directly affected person or party person may appeal the Commission's decision in writing, setting forth his or her reason for such appeal to the Board. The appeal shall state specifically in writing wherein it is claimed that there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record.

  1. The appeal shall be filed with the Community Development Agency which will date stamp the appeal form and then forward the original appeal form to the Clerk of the Board of Supervisors. The submittal of the appeal form shall include one original, ten hardcopies, and one electronic copy of the appeal form and supporting documentation unless the Community Development Agency, in its discretion, waives the requirement for good cause.

  2. The appeal shall be accompanied by a fee set by the Board of Supervisors sufficient to cover the cost of processing the appeal and providing notice as prescribed in this article.

  3. The appeal shall be placed on the agenda of a Board of Supervisors regular meeting within 90 days of the appeal being filed with the Community Development Agency.

  4. The appeal of a decision of the Planning Commission is limited to the issues and evidence submitted to the Commission during the original public comment period and public hearing. Only those issues reviewed by the Commission in their decision may be appealed to the Board. New issues raised, and evidence submitted, after the close of the Commission’s public hearing shall not be considered by the Board for an appeal.

• B. An appeal may be withdrawn before the time that the review authority issues a decision. The applicant or the applicant’s representative shall notify the Community Development Agency in writing that they wish to withdraw the appeal.

Planning Commission Actions & Conditional Use Permits

Art. 17 Page 17 - 6

DEVELOPMENT CODE

• C. No person shall seek judicial review of a County decision on a planning permit or other matter in compliance with this Development Code until all appeals to the Commission and Board have been first exhausted in compliance with this this Development Code.

• (Ord. No. 668-1-17, §61 and §62, 3/28/17)