Stanislaus County Municipal Code Ch. 17.24 Appeal Procedure

Any person aggrieved or a taxpayer affected by any decision of the director of planning made in his administration of this title, if of the opinion that a decision of the director of planning is an improper application of this title, may appeal to the board of supervisors.

(Prior code §9-11(a))

All appeals taken under this chapter must be taken within thirty days after decision of the director of planning by filing with the board of supervisors a written notice of appeal specifying the grounds thereof. The director of planning shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(Prior code §9-11(b))

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the director of planning certifies to the board, after the notice of appeal has been filed, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by order of the board of supervisors on notice to the director of planning and on due cause shown.

(Prior code §9-11(c))

The board shall fix a reasonable time for the hearing of the appeal, give public notice by publication once thereof in a newspaper of general circulation and notice by regular mail to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(Prior code §9-11(d))

The board may, in conformity with the provisions of this title, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the director of planning.

(Prior code §9-11(e))

The board shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, or affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this title.

(Prior code §9-11(f))

The concurring vote of a majority of the members of the board shall be sufficient to reverse any order, requirement, decision, or determination of the director of planning, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to affect any variation in this title.

(Prior code §9-11(g))