Chapter 17.60 — APPEALS

Editor's note— The chapter title was amended by Ord. 622.

The subdivider or any interested person or entity may appeal to the board of supervisors the tentative map, or the kinds, nature and extent of conditions required on the tentative map. If any person is dissatisfied with the approval or denial of any application by the planning, engineering and road departments, that person may, within fifteen days of such approval or denial, appeal the decision to the board of supervisors. Such an appeal shall be accompanied by a fee established by resolution of the board of supervisors.

A.

The subdivider, or any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, may appeal from any action of the director or the commission with respect to a tentative map to the board of supervisors.

B.

Any interested person who is adversely affected by a decision of the director or the commission may file a appeal with the board of supervisors concerning any decision of the director or the commission. The form of the appeal and the manner in which it is filed and heard shall conform to that hereafter prescribed for appeals.

C.

Any interested person may appeal any decision of the director or the commission relative to the provisions of Government Code Sections 66473.5, 66474, 66474.1 and 66474.6 to the Board of Supervisors.

D.

The appeal shall be filed with the clerk of the board of supervisors within ten days after the action of the (director or commission) action that is subject to the appeal.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 622 § 3(part), 2007; Ord. 278N § 13(part), 2004: Ord. 278-K § 17, 1980: Ord. 278-J § 10, 1977: Ord. 278 § 1050, 1963).

Upon receipt of the written appeal and the appeals fee, the board of supervisors shall set a date for hearing the appeal. The board shall give such notice of the hearing. The board shall hear the appeal and shall render its decision within forty days of the filing of the appeal, unless said forty-day period is waived by the appellant.

The procedure shall conform to Government Code Section 66452.5. The notice of appeal must be written and shall set forth in full detail those portions of the subdivision proposal by which the appellant deems himself aggrieved and the specific grounds and basis for the appeal.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 622 § 3(part), 2007; Ord. 278N § 13(part), 2004: Ord. 278-K § 18, 1980: Ord. 278-J § 11, 1977: Ord. 278 § 1051, 1963).

A duplicate notice of the appeal shall also be filed with the planning department by the clerk of the board. The planning department shall forthwith prepare and file with the board of supervisors a report and explanation of the planning commission action, a copy of which shall also be provided at the same time to the subdivider and the appealing party, if other than the subdivider.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 622 § 3(part), 2007; Ord. 278N § 13(part), 2004: Ord. 278-K § 19, 1980: Ord. 278 § 1052, 1963).

The board of supervisors declares its policy in connection with appeals from the planning commission, that such appeals are costly to the county and require the expenditure of tax money for posting, publication and mailing of notices, and that such costs should be borne by the individuals seeking such relief rather than by taxpayers. Therefore, all applications must be accompanied by a fee set by resolution of the board of supervisors.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 622 §§ 3(part), 4, 2007: Ord. 278N § 13(part), 2004: Ord. 278-K § 20, 1980: Res. 72-539A § 7, 1979: Ord. 292 § 1, 1964: Ord. 278 (part), 1963).

Any person who files an appeal may withdraw his/her appeal in accordance with the following rules:

A.

All withdrawals shall be in writing and signed by all persons who signed the appeal.

B.

Any appeal may be withdrawn by the appellant prior to the giving of the notice of hearing on appeal with the consent of the director, who shall have the discretion to withhold such consent if he is of the opinion that such withdrawal might act to deprive other interested persons of an opportunity to oppose the decision or action appealed from.

C.

The board of supervisors may permit the withdrawal of an appeal at any time prior to rendering a decision upon the merits of the appeal.

D.

Any withdrawal effectively made pursuant to the above rules shall be an abandonment of the appeal and the decision or action appealed from shall be reinstated as though no appeal had been made.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Unless denied without prejudice, no person, including the original applicant, shall reapply for the same subdivision map on the same parcel or parcels within a period of one year from the date of the final decision on such previous application, unless a request for reapplication is granted according to the procedures and standards set forth in Section 18.108.210.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12; Ord. 622 §§ 3(part), 5, 2007: Ord. 278N § 13(part), 2004: Ord. 298-B- 201 § 3, 1980: Ord. 298-B-188 § 2, 1980).