Monterey County Municipal Code Ch. 19.16 Appeals

It is the purpose of this Chapter to provide a means whereby any person aggrieved by a decision of an appropriate decision making body may appeal that decision to the appropriate Appeal Authority.

(Ord. 3797, 1994)

The provisions of this Chapter apply to discretionary decisions made pursuant to the provisions of this Title by the Director of Planning and the Planning Commission.

(Ord. 3797, 1994)

(Ord. No. 5135, § 87, 7-7-2009; Ord. No. 5218, § 18, 6-28-2013)

An appeal of a decision, in whole or in part, of the appropriate decision making body shall set aside in its entirety the decision of the appropriate decision making body. Should the appeal subsequently be withdrawn, the decision of the Appropriate Authority shall become effective immediately.

(Ord. 3797, 1994)

A. The Board of Supervisors is the Appeal Authority to consider appeals from the discretionary decisions of the Director of Planning made pursuant to this title.

B. The Board of Supervisors is the Appeal Authority to consider appeals from the decisions of the Planning Commission.

(Ord. 3797, 1994)

(Ord. No. 5135, § 88, 7-7-2009; Ord. No. 5218, § 19, 6-28-2013)

A. An appeal may be made to the Appeal Authority by any person aggrieved by a decision of an Appropriate Authority decision making body other than the Board of Supervisors.

B. Persons who receive notice of the hearing before the appropriate decision making body, or who had knowledge of the time and place of the hearing before the appropriate decision making body, but who chose not to participate in the hearing, either orally or in writing, shall not have to right to appeal. However, the Appeal Authority may grant the right to appeal to those persons who, in the exercise of reasonable care, did not participate in the hearing.

C. An appeal shall be in writing and shall be filed with the Clerk to the Board of Supervisors, and with the appropriate decision making body within ten (10) days after written notice of the decision of the appropriate decision making body has been mailed to the applicant.

D. At the time of the filing of the appeal the appellant shall pay the required filing fee as established from time to time by the Board of Supervisors to the Clerk to the Board of Supervisors.

E. Written notice of the decision shall be given promptly to the applicant and to those who have requested notice, in writing, at the hearing on the application. No appeal shall be accepted until the notice of the decision has been given.

(Ord. 3797, 1994)

The appellant shall specifically state in the notice of appeal:

A. The identity of the appellant and its interest in the decision;

B. The identity of the decision appealed or the conditions appealed;

C. A clear, complete, but brief, statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed are unjustified or inappropriate because:

1. There was lack of a fair and impartial hearing; or,

2. The findings, decision, or conditions are not supported by the evidence; or

3. The decision was contrary to law.

D. The specific reasons the appellant disagrees with the findings, or decision made, or conditions imposed by the appropriate decision making body, if it disagrees with such findings, decision, or conditions;

E. The notice of appeal shall set forth specific facts of the matter in sufficient detail to notify interested persons of the nature of the proceedings, to place the interested persons upon notice as to how any proposed action may affect their interest so that they may formulate their defense or opposition without being subjected to surprise. The Appeal Authority shall not accept an appeal stated in generalities, legal or otherwise.

(Ord. 3797, 1994)

An appeal shall not be accepted by the Appeal Authority unless it is complete and complies with all requirements. The Secretary to the Planning Commission or Clerk to the Board of Supervisors shall not accept a notice of appeal if it is obvious on the face of the notice that it is incomplete.

(Ord. 3797, 1994)

Notice of the public hearing on the appeal shall be provided pursuant to Section 19.01.055 of this Title. The appeal may not be heard on a date for which inadequate notice is given.

(Ord. 3797, 1994)

A. Upon receipt of the notice of appeal, the Clerk to the Board of Supervisors shall, within fifteen (15) days following the filing of the appeal, set a date for public hearing on the appeal, giving public hearing notice thereof pursuant to Section 19.15.040 and additionally, to those who have requested notice of appeal, in writing at the hearing the application.

B. The hearing before the Appeal Authority shall be "de novo." As a de novo hearing, the Appeal Authority may hear all such testimony and evidence on the entirety of the application as may be presented by any person at that appeal hearing. If relevant new evidence is presented at the appeal hearing, the application may be returned to the appropriate decision making body for reconsideration.

C. The Appeal Authority may reject an appeal for failure of the appellant to present all the evidence available to the appellant at the time of the original hearing if the appellant had notice of the original hearing.

D. If a request for continuance is granted, the person who makes such a request shall notify the interested public in the same manner and to the same extent that notice was given to the public for the public hearing from which consideration of the appeal was continued. The notice shall state the date to which the hearing upon the appeal is continued. Failure to give notice may be grounds for denial of an appeal.

E. The Appeal Authority shall consider an appeal and render its decision within sixty (60) days after receipt of the appeal.

F. The Appeal Authority may grant or deny, in whole or in part, the permit before it on appeal.

G. The Appeal Authority shall make such findings as necessary to support its decision. Findings shall address, but not be limited to consistency with the General Plan and Area Plans, site suitability, environmental issues and special circumstances pertaining to variances, where applicable, a lack of a fair or impartial hearing, the findings, decision or conditions are not supported by the evidence and whether the decision is contrary to law.

H. The Appeal Authority may designate such conditions as it deems necessary to secure the purposes of this Title. Such conditions may include monitoring, at reasonable times and intervals, to assure compliance with the conditions set forth in the decision. Other conditions may include, but are not limited to health and safety requirements, architectural and site approval, time limitations, street dedications, and street and drainage improvements. The Appeal Authority may also require such security and guarantees as it deems appropriate to assure compliance with the conditions imposed.

(Ord. 3797, 1994)