APPEALS

A. Any member of the Board of Supervisors may initiate an appeal of any action of the Planning Commission or Community Development Director based on the requirements of Section 17.102.040, Filing an Appeal. Appeals filed by the Board of Supervisors, as set forth herein, shall be exempt from payment of fees that would otherwise apply.

B. The Director or Planning Commission, depending on which ruled on the particular entitlement, shall be notified of the request, and shall submit a report to the Board setting forth the reason or reasons for its action, or shall be represented at the meeting of the Board when such review is considered. The Board shall at its

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next meeting after the filing of such request, consider the request to review the action of the Director or Planning Commission, and shall, on an affirmative vote, set the matter for review. Such review shall be a public hearing held within 45 days of the filing of the request for such review. Notice of such hearing shall be published at least once in a local newspaper of general circulation and mailed to adjacent property owners at least 10 days prior to the hearing.

the following business day shall be deemed to be the last day to file the appeal.

17.102.080 Effective Date of Entitlement. All entitlements contained in this Title, except those pertaining to amendments under Chapter 17.104, shall not be issued, nor shall the same become effective until any appeal filed pursuant to Section 17.102.030 has been concluded or the time for filing an appeal has expired.

17.102.060 Notice and Schedule of Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings shall be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to the noticing requirements of Section 17.98.110, Public Hearing and Public Notice.

17.102.070 Appeal Hearing and Action.

A. The appeal authority, within 45 days of the date of the conclusion of the first hearing, shall approve, conditionally approve, or deny the application.

B. In taking its action on an appeal, the appeal authority shall state the basis for its action. If the appeal authority finds that the approving authority did not misinterpret any policy or ordinance or did not err in exercising its discretion, the appeal shall be denied. If the appeal authority finds that the approving authority did misinterpret a policy or ordinance and/or err in exercising its discretion, the appeal authority shall provide written findings for its decision prior to taking action to approve the appeal. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. Written notice of decision shall be issued in accordance with Section 17.98.110.H, Notice of Decision.

scretion, the appeal authority shall provide written findings for its decision prior to taking action to approve the appeal. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. Written notice of decision shall be issued in accordance with Section 17.98.110.H, Notice of Decision.

C. If the applicant or any aggrieved party is dissatisfied with the decision of the appeal authority, they may, within 10 calendar days of the date of the decision, appeal to the Board of Supervisors, in accordance with Section 17.102.030. If 10 days fall on a non-business day,

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TABLE 17.102.1

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