§ 35.492

The purpose of this Chapter is to provide procedures for the acceptance and processing of appeals to the Board and the Montecito Commission.

A.

Who may appeal. An appeal may only be filed by an applicant or any aggrieved person. An aggrieved person is defined as any person who in person, or through a representative, appeared at a public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing or decision, informed the review authority of the nature of their concerns or who for good cause was unable to do either.

B.

Timing and form of appeal.

1.

Appeals of decisions of the Montecito Board of Architectural Review, Director, or Montecito Commission.

a.

Filing of the appeal. An appeal, which shall be in writing, and accompanying fee, of a decision or determination of the Montecito Board of Architectural Review, Director, or Montecito Commission, shall be filed with the Department within the 10 calendar days following the date of the decision or determination that is the subject of the appeal, except as otherwise provided in this Development Code.

b.

Form of appeal. The appellant shall use the form provided by the Department in addition to any other supporting materials the appellant may wish to furnish in compliance with Subsection C (Requirements for contents of an appeal) below, explaining the reasons for the appeal. An appeal shall be filed with the Director, who shall process the appeal in compliance with this Chapter, including scheduling the matter before the applicable review authority.

2.

Computation of time for appeal. The time within which the appeal shall be filed shall commence on the day following the day on which the decision or determination was made. In the event the last day for filing an appeal falls on a non-business day of the County, the appeal may be timely filed on the next business day.

C.

Requirements for contents of an appeal.

1.

General requirements. The appellant shall specifically provide in the appeal all of the following:

a.

The identity of the appellant and their interest in the decision;

b.

The identity of the decision or determination appealed which may include the conditions of that decision or determination;

c.

A clear, complete, and concise statement of the reasons why the decision or determination is inconsistent with the provisions and purposes of this Development Code or other applicable law;

d.

If it is claimed that there was an error or abuse of discretion on the part of the review authority, or other officer or authorized employee, or that there was a lack of a fair and impartial hearing, or that the decision is not supported by the evidence presented for consideration leading to the making of the decision or determination that is being appealed, or that there is significant new evidence relevant to the decision which could not have been presented at the time the decision was made, then these grounds shall be specifically stated.

2.

Additional requirements for certain appeals. The following information is required to be submitted for the appeals listed below in addition to the information required to be submitted by Subsection C.1 (General requirements) above:

a.

Appeals regarding a previously approved discretionary permit. If the approval of a Land Use Permit required by a previously approved discretionary permit is appealed, the appellant shall identify:

(1)

How the Land Use Permit is inconsistent with the previously approved discretionary permit; or

(2)

How the discretionary permit's conditions of approval that are required to be completed before the approval of a Land Use Permit have not been completed; or

(3)

How the approval is inconsistent with Chapter 35.496 (Noticing and Public Hearings).

b.

Appeals of final decision of the Montecito Board of Architectural Review. A decision of the Montecito Board of Architectural Review to grant final approval may not be appealed to the Montecito Commission unless the appellant can demonstrate that the project for which final approval was granted does not substantially conform to the project that was granted preliminary approval. If the Director determines that the appeal does not raise a substantial issue that the project for which final approval was granted does not

substantially conform to the project that was granted preliminary approval, then the Director shall make that determination in writing, and the appeal shall not be processed. This decision of the Director is final and not subject to appeal.

D.

Acceptance of appeal. An appeal shall not be accepted by the Director unless it is complete and complies with all requirements of Subsection 35.492.020.C (Requirements for contents of an appeal) above. This decision of the Director is final and not subject to appeal.

E.

Appeal fees. The appellant shall pay the required filing fee in compliance with the Board's Fee Resolution, at the time of the filing of the appeal.

F.

Effect of filing of an appeal. The filing of the appeal shall have the effect of staying the issuance of any permit or approval provided for by the terms of this Development Code until a final action has occurred on the appeal, or unless otherwise indicated in this Development Code.

G.

Public hearing required. The review authority shall consider all appeals in a noticed public hearing. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings). Notice shall be mailed to the appellant and the applicant, if different than the appellant.

H.

Special processing requirements. The following requirements apply to applications for Land Use Permits and Zoning Clearances for projects that also require review by the Montecito Board of Architectural Review:

1.

Projects requiring Land Use Permits.

a.

If a preliminary approval by the Montecito Board of Architectural Review is appealed, then the hearing on the appeal shall be held after the approval of the Land Use Permit, but before the issuance of the Land Use Permit for the project.

b.

If a preliminary approval by the Montecito Board of Architectural Review is appealed, and the approval of the Land Use Permit is appealed, then the appeal of the preliminary approval by the Montecito Board of Architectural Review shall be processed concurrently with the appeal of the Land Use Permit.

c.

If a decision of the Montecito Board of Architectural Review to deny preliminary or final approval is appealed, a hearing shall be held on the appeal of the decision of the Montecito Board of Architectural Review before any decision on the Land Use Permit.

2.

Projects requiring Zoning Clearances.

a.

If a preliminary approval by the Montecito Board of Architectural Review is appealed, then final action on the appeal shall occur before the issuance of the Zoning Clearance for the project.

b.

If a decision of the Montecito Board of Architectural Review to deny preliminary or final approval is appealed, then final action on the appeal shall occur before the decision on the Zoning Clearance.

35.492.030 - Appeals to the Chair of the Montecito Commission

A.

Decisions appealed to the Chair of the Montecito Commission. Any decision by the Director to approve, conditionally approve, or deny an application for a Land Use Permit for a temporary use in compliance with Section 35.442.180 (Temporary Uses and Trailers) not including Subsection 35.442.180.G (Trailer use) may be appealed to the Chair of the Montecito Commission or designee.

B.

Hearing required. The chair of the Montecito Commission or designee shall hold a hearing on the appeal no later than 12 hours prior to the time the event is scheduled to commence.

C.

Notice required. Notice of the date, time and location of the hearing shall be provided to the applicant, the appellant, and any interested person who has filed a written request for notice with the Department.

D.

Action on appeal. The Chair of the Montecito Commission or designee shall affirm, reverse, or modify the decision of the Director as soon as practicable following the filing of the appeal and in no case later than the time the temporary use is scheduled to commence. The action of the Chair of the Montecito Commission or designee is final and not subject to appeal.

35.492.040 - Appeals to the Montecito Commission

A.

Decisions appealed to the Montecito Commission. The following decisions may be appealed to the Montecito Commission provided the appeal complies with the requirements of Subsection 35.492.020.C through Subsection 35.492.020.E above.

1.

Montecito Board of Architectural Review decisions. The following decisions of the Montecito Board of Architectural Review may be appealed to the Montecito Commission:

a.

Any decision of the Montecito Board of Architectural Review to grant or deny preliminary approval.

b.

Any decision of the Montecito Board of Architectural Review to grant or deny final approval in compliance with Subsection 35.492.020.C.2.b (Appeals of final decision of the Montecito Board of Architectural Review) above.

2.

Building Official decisions. The following decisions of the Building Official may be appealed to the Montecito Commission.

a.

The decision of the Building Official to require an applicant for a solar energy system to apply for a Solar Use Permit. The grounds for an appeal of a decision to require a Solar Use Permit are restricted to a demonstration that the solar energy system would not have a specific, adverse impact upon the public health and safety.

b.

Any decision of the Building Official to approve, conditionally approve, or deny an application for a Solar Use Permit.

3.

Director decisions. The following decisions of the Director may be appealed to the Montecito Commission:

a.

Any determination on the meaning or applicability of the provisions of this Development Code.

b.

Any determination that a discretionary permit application or information submitted with the application is incomplete as provided by Government Code Section 65943.

c.

Any decision of the Director to revoke an approved or issued Land Use Permit.

d.

Any decision of the Director to approve, conditionally approve or deny an application for a Land Use Permit.

e.

Any decision of the Director to revoke an issued Zoning Clearance.

f.

Any decision of the Director to approve, conditionally approve, or deny an application for a Development Plan.

g.

Any decision of the Director to approve, conditionally approve, or deny any other discretionary application where the Director is the designated review authority.

h.

Any other action, decision, or determination made by the Director as authorized by this Development Code where the Director is the review authority, except when specifically provided that the action, decision, or determination is final and not subject to appeal.

B.

Report to the Montecito Commission. The Department shall transmit to the Montecito Commission copies of the permit application including all maps and data and a statement identifying the reasons for the decision by the Montecito Board of Architectural Review, Building Official or Director before the hearing on an appeal.

C.

Scope of appeal hearings. The hearings on the appeal shall be de novo.

D.

Action on appeal. The Montecito Commission shall affirm, reverse, or modify the decision of the Montecito Board of Architectural Review or Director.

1.

Decision on the appeal of Solar Use Permits. The action of the Montecito Commission, and the action of any subsequent County review authority, shall not have the effect of denying the application to install the solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

a.

Any conditions imposed by the Montecito Commission on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.

35.492.050 - Appeals to the Board

A.

Decisions appealed to the Board. The following decisions of the Montecito Commission may be appealed to the Board provided the appeal complies with the requirements of Subsection 35.492.020.C through Subsection 35.492.020.E above.

1.

Any final action on decisions that are appealed to the Montecito Commission in compliance with Section 35.492.040 (Appeals to the Montecito Commission), above.

2.

Any final action on decisions of the Montecito Commission to approve, conditionally approve, or deny an application for a Conditional Use Permit, Development Plan, Lot Line Adjustment, Tentative Map, Variance, or other discretionary application where the Montecito Commission is the designated review authority.

3.

Any other action, decision, or determination made by the Montecito Commission as authorized by this Development Code where the Montecito Commission is the review authority, except when specifically provided that the action, decision, or determination is final and not subject to appeal.

B.

Report to the Board. The Department shall transmit to the Board copies of the permit application including all maps and data and a statement identifying the reasons for the decision by the Montecito Commission before the hearing on an appeal.

C.

Scope of appeal hearings. The hearings on the appeal shall be de novo.

D.

Action on appeal. The Board shall affirm, reverse, or modify the decision of the Montecito Commission. The decision of the Board shall be final.