Lake County Municipal Code Art. X Appeals

36.1

An applicant or any concerned person may file an appeal of any administrative decision, environmental determination, or project approval or denial to the Planning Commission in a manner consistent with Section 30-37 of this Chapter.

(Ord. No. 2830, § 1, 7-17-2007)

37.1

Decisions of the Administrative Official may be appealed as follows:

a) Persons eligible;

1. A person having an interest in the property that is the subject of the decision being appealed.

2. Any interested person not satisfied with the decision of the Administrative Official.

b) Timeliness, form, filing and fee:

1. An appeal of the Administrative Official shall be filed with the Community Development Department within seven (7) calendar days of the decision on the prescribed form and accompanied by the applicable fee in the amount to be set by ordinance of the Board of Supervisors.

c) Required documents:

1. A written statement setting forth the grounds upon which the appellant asserts there was an error or abuse of discretion or how the decision of the Administrative Official is inconsistent with the purposes of this Chapter shall accompany an appeal.

(Ord. No. 2830, § 1, 7-17-2007)

38.1

An appeal of an administrative decision shall stay all further proceedings, and no additional permit that is the subject of the appeal shall be issued until such time as the appeal has been acted on as set forth in this Section. The permittee may continue to act in reliance on any previously issued permit; however, further reliance after receipt of notice of an appeal is done at the permittee's own risk pending the outcome of the appeal.

(Ord. No. 2830, § 1, 7-17-2007)

39.1

Prior to the hearing on said appeal, the Community Development Department shall transmit to the Planning Commission copies of pertinent permit materials including all maps, data and a staff report.

(Ord. No. 2830, § 1, 7-17-2007)

40.1

The Planning Commission shall hold a public hearing on all administrative appeals, scheduled and noticed as required by this Section.

40.2

At least ten (10) calendar days prior to the hearing, notices shall be mailed to the applicant, appellants, interested parties and all real property owners within three hundred (300) feet of the subject parcel if the subject parcel is five (5) acres or less, and within seven hundred (700) feet of the subject parcel if the subject parcel is greater than five (5) acres.

40.3

The notice of public hearing will also be printed one (1) time in at least one (1) newspaper of general circulation within Lake County at least ten (10) days prior to the hearing.

40.4

All notices required pursuant to this Section shall provide the date, time and place of the public hearing, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing.

40.5

The notice shall also be mailed or delivered at least ten (10) days prior to the hearing to any person who has filed a written request for notice with the Clerk of the Board, the Community Development Department or other person designated. The County may charge a fee that is reasonably related to the costs of providing this service.

40.6

The failure of any person or entity to receive notice given pursuant to this Section shall not constitute grounds for any court to invalidate the actions of the County for which the notice was given.

(Ord. No. 2830, § 1, 7-17-2007)

41.1

Within twenty one (21) days after the close of the hearing, the Planning Commission may either sustain or overturn the decision being appealed or may grant or modify the permit subject to conditions it imposes, or may deny the permit or render such new decision as it considers appropriate.

41.2

Notice of the decision of the Planning Commission together with any copy of findings adopted by the Commission shall be mailed to the appellant within twenty-one (21) calendar days.

(Ord. No. 2830, § 1, 7-17-2007)

42.1

The decision of the Planning Commission shall be final, conclusive, and effective immediately, unless an appeal of the Planning Commission decision is filed with the Board of Supervisors.

42.2

An appeal of a decision by the Planning Commission shall be filed with the Clerk of the Board of Supervisors within seven (7) calendar days of the decision on the prescribed form and accompanied by the applicable fee in the amount to be set by the Board of Supervisors.

(Ord. No. 2830, § 1, 7-17-2007)