8601-5 - Appeals.

Any applicant for a building permit or a zoning clearance pertaining to a development for which the estimated ADT (i.e., the value "A") has been determined by reference to the Traffic Generation Factor Table adopted pursuant to Section 8601-3 may, if he or she contends that the development was assigned to the wrong category listed on that table, appeal that assignment pursuant to this section. The sole issue on appeal shall be to determine which category listed on the table is the appropriate one for the development in question. The appeal shall be initiated and processed as follows:

(a)

Filing. The appeal shall be filed by the appellant with the Director prior to payment of the traffic impact mitigation fee. The appeal shall be in writing on a form provided by the Director within sixty (60) days of the determination of, and shall provide such information as the form may require, and shall be accompanied by payment of an appeal fee in an amount established from time to time by resolution of the Board of Supervisors to be the estimated average cost to the County of each such appeal.

(b)

Notice of Hearing. Upon receipt of the completed appeal form and appeal fee, the Director shall mail to the appellant at the address indicated on the appeal form written notice of the time and place of the hearing on the appeal, which shall be within fifteen (15) calendar days after the appeal was filed.

(c)

Hearing. The Director shall conduct a hearing at the noticed time and place, provided that he or she may continue the hearing to a mutually convenient time and place at the appellant's request.

(d)

Evidence. Testimony may be given in an informal narrative style. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of such evidence over objection in a civil action.

(e)

Record. The Director shall record the hearing on a recording device and shall maintain the recording and all documentary evidence submitted at the hearing in a file established for that purpose.

(f)

Determination. At the conclusion of the hearing, or within a reasonable time thereafter, the Director shall make a written determination as to which category listed on the table is the appropriate one. The written determination shall contain such findings as may be necessary to bridge the analytic gap between the raw evidence and the conclusion. Such findings shall be supported by the weight of the evidence presented at the hearing. Notwithstanding the foregoing, if no evidence is presented, the determination shall be to dismiss the appeal and no further findings need be made.

(g)

Notice of Determination. The Director shall promptly mail the written determination to the appellant at the address indicated on the appeal form. The written determination, once issued, shall be final and conclusive.

(Add Ord. 4246—11/6/01)