Mendocino County Municipal Code Art. XI Appeal

Request for hearing may be made by the subdivider or any interested person from any decision, determination, or requirement of the Planning Commission or County Surveyor by filing a notice thereof in writing with the County Clerk of the Board within ten (10) days after such decision or determination or requirement is made. Such notice shall set forth in detail the action of the grounds upon which the subdivider or interested person deems himself aggrieved.

(Ord. No. 969, adopted 1972; Ord. No. 4001 (part), adopted 1998.)

An appeals fee of an amount to be set by Resolution of the Board of Supervisors shall be paid at the time of the filing of the appeal. Said fee shall be a precondition to the hearing of the appeal unless said fee is waived by the Board of Supervisors.

(Ord. No. 3237, adopted 1978 Ord. No. 3303, adopted 1980.)

The County Clerk shall report the filing of such notice to the Director of Planning and to the County Surveyor. A written report that includes the findings of the Planning Commission or County Surveyor in the matter requested for hearing shall be submitted to the Board of Supervisors.

(Ord. No. 969, adopted 1972.)

(A) The Board of Supervisors, within fifteen (15) days following the filing of the notice of request for hearing, or at its next regularly scheduled meeting, shall hold a public hearing thereon.

(B) Such hearing may for good cause be continued by order of the Board of Supervisors, with consent of the subdivider, for a period not exceeding thirty (30) days.

(C) Upon the conclusion of the hearing, the Board of Supervisors shall within seven (7) days declare its findings based upon the testimony and documents produced before it. It may sustain, modify, reject, or overrule the decision, determination, or requirement specified as a ground for grievance in the notice of request for hearing and may make such findings as are not inconsistent with the provisions of this Chapter and the Map Act.

(D) Whenever a request for hearing pertains to a subdivision or parcel division subject to a determination as to the applicability of the seven (7) findings set forth in Section 17-41(K) supra, the Board of Supervisors shall disapprove and otherwise deny approval of maps pertaining to any such subdivision or parcel division if it makes any of said findings in relation thereto.

(Ord. No. 969, adopted 1972; Ord. No. 4001 (part), adopted 1998.)