Placer County Municipal Code Art. 18.32 Appeals and Independent Hearing Body Powers

A. Generally, the provisions of this section shall apply to all appeals relating to environmental review.

B. Decisions of the lead department may be appealed to the approving authority that will first consider the project (unless otherwise indicated); decisions of the zoning administrator, Design Review Committee or Parcel Review Committee may be appealed to the Planning Commission; decisions of the planning commission may be appealed to the board of supervisors.

C. Decisions relating to exemptions, negative declarations or EIRs may only be appealed by the applicant, or by persons, organizations, or public agencies that submitted written comments pursuant to this chapter, or supplied oral testimony at a public hearing on the project.

D. Each appeal shall be accompanied by a nonrefundable fee as set forth in the Placer County land development fee schedule.

E. An appeal may be initiated by filing a written appeal with the appropriate appellate body within 10 days following the determination to be appealed. Appeals shall not be deemed filed until received by the appellate body, or that body's designated representative. The written appeal shall comply with Section 17.60.110C(1).

F. Upon receipt of an appeal in proper form, the lead department shall set a hearing date with the appellate body within 90 days. Evidence shall be taken at such hearing and, the appellate body shall make its findings and render a decision on the appeal. The appellate body shall consider all the evidence and the appellate body's decision may affirm, modify, or reverse the previous decision.

G. All time limits specified in this chapter are on hold during the appeal process.

(Ord. 5119-B, 2001)

Notwithstanding any other provisions of this chapter relating to environmental review and appeal procedures, the zoning administrator, parcel review committee, planning commission or board of supervisors may independently review the adequacy of environmental documents on projects reviewed by them. If, by majority vote of the members of the hearing body, it is determined that environmental review of the project was inadequate, further environmental review may be ordered before the hearing body takes action on the project.

(Ord. 5119-B, 2001)