Santa Clara County Municipal Code Part 4 Appeals

Any person dissatisfied with the decision of the decision-making body relating to a grading approval or grading abatement approval may file an appeal within 15 calendar days after such decision. Each appeal shall be filed with the Planning Office and must be accompanied by a filing fee in an amount established by the Board of Supervisors. Each appeal application must be accompanied by a separate application and fee. The application shall clearly identify the appellant(s) and all grounds for the appeal. The Planning Commission will hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval.

Any person dissatisfied with the decision of the Planning Commission may file an appeal within 15 calendar days after the decision of the Planning Commission. Appeals must be filed with the Planning Office and must include a filing fee in an amount established by the Board of Supervisors. The Board of Supervisors will hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval. The decision of the Board of Supervisors on appeal is final.

(Ord. No. NS-1203.120, § 1, 4-9-13; Ord. No. NS-1203.126, § 4, 8-14-18)

An administrative appeal is an appeal filed by the Planning Official, Grading Official or Director of the Department of Planning and Development within 15 calendar days after any decision of the Planning Commission. The Planning Official will notify the chair of the Planning Commissioners prior to filing of such appeal and will notify the Planning Commission at the next meeting of the Planning Commission. The Board of Supervisors will hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval. There is no fee for an administrative appeal.

(Ord. No. NS-1203.120, § 1, 4-9-13)

The required public notice of the appeal hearing will be provided at least ten days prior to the scheduled hearing, in accordance with all applicable State laws. The notice will include the date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description (text or diagram) of the property location. Notice will be provided to the individuals and agencies listed in subsections C12-438(a)—(d).

(Ord. No. NS-1203.120, § 1, 4-9-13)

Regardless of the basis for appeal, the appeal authority's scope of review is de novo, and it may consider the entire scope of the application under consideration, including the proceedings and conclusions of the original decision-making body. All maps, records, papers and files concerning the application, which constitute the record in the action being appealed, will be transmitted to the appeal authority.

(Ord. No. NS-1203.120, § 1, 4-9-13)

Appeal authorities for the various types of approvals are indicated in Section C12-416. The appeal authority may approve, conditionally approve, modify or deny the application, which is the subject of the appeal. Decisions regarding appeals will be subject to all applicable findings for the approval or permit subject to the appeal. The decision of the Board of Supervisors upon appeal is final.

(Ord. No. NS-1203.120, § 1, 4-9-13)

An appellant may request that an appeal application be withdrawn by submitting a written statement to the Planning Office prior to the scheduled hearing date. If more than one appellant is joined in a single appeal application, the application will not be considered withdrawn unless all appellants of the application consent to the withdrawal. A withdrawal of an appeal does not entitle the withdrawing appellant to a refund of the appeal fee.

(Ord. No. NS-1203.120, § 1, 4-9-13)