Chapter 86.08 — APPEALS

Before its effective date, in compliance with § 86.06.020 (Effective Date of Permits), any land use decision made in compliance with the provisions of this Development Code by a review authority other than the Board may be appealed by the applicant or other affected party in the following manner.

• (a) Director’s Decision to Require an EIR. The Director’s decision to require preparation of an Environmental Impact Report is subject to appeal to the Commission for final decision.

• (b) Commission’s Decisions.

• (1) Land Use Decisions. The Commission shall consider appeals regarding land use decisions made by any County agency, department, office, officer, or official.

• (2) Decisions Exempt from Appeal to the Board Following a Commission Decision. The Commission may refer consideration of an appeal to the Board, except for the following:

• (A) The following matters may not be referred or appealed to the Board:

• (I) The determination as to the completeness of an application, in compliance with Government Code § 65643;

• (II) The determination to approve or disapprove an Accessory Wind Energy Permit;

• (III) The determination to approve or disapprove a Home Occupation Permit;

• (IV) The determination to approve or disapprove a Short-Term Residential Rental Permit;

• (V) The requirement for preparation of an Environmental Impact Report;

• (VI) Variances; or

• (VII) The determination to approve or disapprove a reasonable accommodation request.

• (B) In these instances the Commission’s decision shall be the final and conclusive decision.

• (C) The Board will not accept nor consider an appeal of these Commission decisions.

• (c) Board’s Considerations.

• (1) The Board shall consider appeals regarding land use decisions made by the Commission, except as specified in § 86.08.010(b)(2), above.

(2) The Board shall only conduct hearings regarding an EIR or other environmental action in conjunction with consideration of the subject land use application and project for which the EIR was prepared or other environmental action proposed.

• (Ord. 4011, passed - -2007; Am. Ord. 4169, passed - -2012; Am. Ord. 4331, passed - -2017)

• (a) Appropriate Forms. Applications for an appeal of a land use decision shall be made on forms supplied by the review authority to which the appeal is being made.

• (b) Appeal Submittals. Applications for appeals addressed to the Commission shall be submitted to the Land Use Services Department. Applications for appeals addressed to the Board shall be submitted to the Clerk of the Board.

• (c) Grounds for Appeal. Applications for appeals shall include a written statement of the grounds upon which the appeal is based.

• (d) Appeal Fees. A uniform fee, as established by the Board, shall be paid to the County upon the filing of each appeal in compliance with the Planning Fee Schedule.

• (e) Contents of Appeal Application. The appeal application shall identify:

• (1) The subject land use application;

• (2) The specific decision, condition of approval, or other matter being appealed;

• (3) The date of the action;

• (4) The justification for the appeal; and

• (5) Any remedy or solution for which the appellant petitions.

(f) Appeal Shall Stay All Proceedings. A properly filed application for appeal shall stay the proceedings in the matter appealed until a decision is rendered on the appeal.

(Ord. 4011, passed - -2007)

The Director or, in the case of an appeal to the Board, the Clerk of the Board, shall be notified by the appellant of an appeal of a land use application decision before the date on which the land use application decision becomes effective. The appellant shall submit at the time of the notification, or on the next County business day following the notification, an application for the appeal.

(Ord. 4011, passed - -2007)

(a) Notice of Appeal Required. Within 30 days of the acceptance of an application for an appeal of a land use decision, the Director or the Clerk of the Board shall set the matter for hearing and shall give notice of the date, time, and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified.

(b) Same Notice as Originally Required. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed.

(Ord. 4011, passed - -2007)

(a) Action on Appeal. Upon hearing the appeal, the appeal body shall consider the record and any additional evidence that may be offered, and may affirm, reverse, or modify, in whole or in part, the decision appealed.

(b) Applicable Criteria, Findings, and Requirements. The appeal body is subjected to all of the criteria, findings, and requirements imposed by this Development Code upon the original decision maker (e.g., review authority). (Ord. 4011, passed - -2007)

An appeal may be withdrawn before the time that the review authority issues a decision. The applicant or the applicant’s representative shall notify the Department in writing that they wish to withdraw the appeal. (Ord. 4011, passed - -2007)

No person shall seek judicial review of a County decision on a planning permit or other matter in compliance with this Development Code until all appeals to the Commission and Board have been first exhausted in compliance with

this Chapter.

(Ord. 4011, passed - -2007)