§ 22.240

A.

Appeals. To avoid results inconsistent with the purposes of this Title 22, decisions of the Director, unless otherwise specified, may be appealed to the Commission, decisions of the Hearing Officer may be appealed to the Commission, and decisions of the Commission may be appealed to the Board, unless otherwise specified in the permit or review.

B.

Calls for Review. To avoid results inconsistent with the purposes of this Title 22, decisions of the Hearing Officer or Director may be called for review by the Commission; and decisions of the Commission may be called for review by the Board, unless otherwise specified in the permit or review.

(Ord. 2019-0004 § 1, 2019.)

A.

Eligibility. Any person dissatisfied with the action of the Commission, Hearing Officer, or Director may file an appeal in compliance with this Chapter, unless otherwise specified or limited by this Title 22.

B.

Time Limit. Appeals and calls for review shall be initiated prior to the effective date of decision, in compliance with Section 22.222.230 (Effective Date of Decision and Appeals).

(Ord. 2019-0004 § 1, 2019.)

A.

Filing. An appeal shall be filed with the secretary or clerk of the designated Appeal Body on the prescribed form, along with any accompanying appeal fee, and shall state specifically whether the basis of the appeal is that:

1.

The determination or interpretation is not in accord with the purposes of this Title 22;

2.

It is claimed that there was an error or abuse of discretion;

3.

The record includes inaccurate information; or

4.

The decision is not supported by the record.

B.

Appeal Vacates Decision. The filing of an appeal vacates the decision from which the appeal is taken. Such decision is only reinstated if the Appeal Body fails to act or affirms the decision in its action.

(Ord. 2019-0004 § 1, 2019.)

A.

A call for review may be initiated by the affirmative vote of the majority of the members present of the designated Appeal Body per Section 22.240.010.B (Calls for Review). A call for review by a designated Appeal Body shall be made prior to the effective date of the decision being reviewed. No fee shall be required.

B.

When the Commission makes a recommendation to the Board on any legislative action, any concurrent decision by the Commission on any discretionary, non-legislative land use application concerning, in whole or in part, the same lot shall be deemed to be timely called for review by the Board.

(Ord. 2019-0004 § 1, 2019.)

A.

Processing Fee for Appeals to the Board.

Applicant Appeal of Decision.

a.

If the appellant is an applicant, the appellant shall pay a processing fee as listed in Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Board of Supervisors by an Applicant, to cover the cost incurred by the Department for processing the appeal.

b.

Only one appeal fee shall be charged for the appeal of any related concurrently acted upon entitlements under this Title 22, which concerns, in whole or in part, the same project. Notwithstanding the provisions of Section 21.56.010.A of Title 21 (Subdivisions) of the County Code, when an appeal of a decision made under this Title 22 is timely filed with an appeal of any tentative map, parcel map, or request for waiver concurrently acted upon under Title 21 (Subdivisions) which concerns, in whole or in part, the same project, only the appeal set forth in Section 21.56.020 (Appeals) shall be paid for all such appeals.

2.

Applicant Appeal of Conditions. If the appellant is the applicant or any representative thereof, and files an appeal of no more than a total of two conditions of the approved discretionary permit, tentative map, or parcel map or request for waiver or other entitlement concurrently acted upon under Title 21 (Subdivisions) which concerns, in whole or in part, the same approved map, in any combination, the appellant shall pay a processing fee in an amount determined by the Executive Officer-Clerk of the Board to be ample to cover the cost of a hearing to be held by the Board. The appellant shall also pay a processing fee as listed in Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Board of Supervisors, Applicant for One or Two Project Conditions. This fee shall be applied to the Department to cover the costs of processing the appeal.

3.

Non-Applicant Appeal. If the appellant is not the applicant or any representative thereof, of an approved discretionary permit, map, or waiver or associated entitlement, the appellant shall pay a processing fee in an amount determined by the Executive Officer-Clerk of the Board to be ample to cover the cost of a hearing to be held by the Board. The appellant shall also pay a processing fee as listed Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Board of Supervisors, Non-Applicant. This fee shall be applied to the Department to cover the costs of processing the appeal.

B.

Processing Fee for Appeals to the Commission.

1.

Applicant Appeal of Decision. If the appellant is an applicant, the appellant shall pay a processing fee as listed in Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Regional Planning Commission, Applicant. The fee shall be applied in its entirety to the Department.

Applicant Appeal of Conditions. If the appellant is an applicant or any representative thereof, and the appellant files an appeal of no more than a total of two conditions on the approved discretionary permit, tentative map, parcel map, or request for waiver or other entitlement concurrently acted upon under Title 21 (Subdivisions) which concerns, in whole or in part, the same approved map, in any combination, the appellant shall pay a processing fee as listed in Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Regional Planning Commission, Applicant for One or Two Project Conditions. This fee shall be applied in its entirety to the Department.

3.

Non-Applicant Appeal. If the appellant is not the applicant or any representative thereof, of an approved discretionary permit, map, or waiver or associated entitlement, the appellant shall pay a processing fee as listed in Chapter 22.250 (Applications, Petitions, and Fees) for an Appeal to the Regional Planning Commission, Non-Applicant. This fee shall be applied in its entirety to the Department.

(Ord. 2019-0004 § 1, 2019.)

22.240.060 - Procedures for Appeals and Calls for Review.

A.

Hearing Dates. The Appeal Body may delegate the setting of hearing dates to its secretary or clerk.

B.

Public Hearing.

1.

An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed required a public hearing.

2.

A public hearing on an appeal from an action of the Hearing Officer is not subject to Chapter 22.222.190 (Hearing Examiner Public Hearing).

3.

The Appeal Body shall consider the matter directly at its public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed or reviewed.

C.

Plans and Materials. At an appeal or review hearing, the Appeal Body shall consider only the same application, plans, and materials that were the subject of the original decision. Compliance with this provision shall be verified prior to or during the hearing by a representative of the person or body that made the original decision. If new plans and materials which differ substantially from the original are submitted, the applicant shall file a new application. Changes to the original submittal made to meet objections by the staff, the Appeal Body, or the opposition below need not be the subject of a new application. As part of the

decision, the Appeal Body may impose additional conditions on a project in granting approval to a modified project.

D.

Hearing. At the hearing, the Appeal Body shall review the record of the decision and hear testimony of the appellant, the applicant, the party or body whose decision is being appealed or reviewed, and any other interested party.

E.

Decision and Notice.

1.

After the hearing, the Appeal Body shall affirm, modify, or reverse the original decision or refer the matter back for further review.

2.

As part of the decision, the Appeal Body may impose additional conditions on a project in granting approval to a modified project.

3.

When a decision is modified or reversed, the Appeal Body shall state the specific reasons for modification or reversal.

4.

The secretary or clerk of the Appeal Body shall mail the notice of decision in compliance with Section 22.222.220 (Notice of Action), within 10 days after the date of the finalized decision.

F.

Effective Date of Decision. Where the decision of the Appeal Body is final and the application is not subject to further administrative appeal, the date of decision by the Appeal Body on such appeal shall be deemed the date of grant in determining said expiration date.

G.

Failure to Act. If the Appeal Body fails to act upon an appeal within the time limits prescribed in Subsection E.4, above, the decision from which the appeal was taken shall be deemed affirmed.

(Ord. 2022-0008 § 133, 2022; Ord. 2019-0004 § 1, 2019.)

In addition to the foregoing procedures, upon receiving an appeal or initiating a call for review, the Board may take one of the following additional actions:

A.

Affirm the action of the Commission;

B.

Refer the matter back to the Commission for further proceedings with or without instructions; or

C.

Require a transcript of the testimony and any other evidence relevant to the decision and take such action as in its opinion is indicated by the evidence. In such case, the Board's decision need not be limited to the points appealed, and may cover all phases of the matter, including the addition or deletion of any conditions.

(Ord. 2019-0004 § 1, 2019.)