§ 1400-850. APPEALS  


Latest version.
  • (a)

    Notice of Appeal. Any interested person adversely affected by an action of the Planning Commission, the Development Services Department Director, or the Public Works Director on any matter pertaining to this Chapter, may file an appeal with the Board of Supervisors by filing a notice thereof in writing with the Clerk of the Board of Supervisors within ten days after such decision is made. A person includes, but is not limited to, a county officer, as defined by California Government Code section 24000. If the tenth day falls on a Saturday or Sunday, then Saturday and Sunday will be considered holidays and the appeal may be filed on the immediately following business day. Such notice of appeal shall set forth in detail the action and grounds upon which said person deems himself aggrieved and shall be accompanied by a fee as required by resolution of the Board of Supervisors.

    In exception to the above, an appeal to the Board of Supervisors of the denial of the extension of a tentative map by the Planning Commission may be filed in the manner as prescribed above within 15 days of the Planning Commission's action to deny the extension.

    (b)

    Report of the County Clerk to the Development Services Department Director. The Clerk of the Board of Supervisors shall report the filing of an appeal to the Development Services Department Director. The Development Services Department Director shall prepare a written report to the Board of Supervisors on the decision, determination, or requirement being appealed, and shall provide said report to the Board of Supervisors and the aggrieved party at least three days prior to the hearing.

    (c)

    Action on Appeal. Upon receipt of an appeal, the Board of Supervisors shall set the matter for a public hearing de novo on the appealed action and the entire application or proceeding that contains the appealed action. At the public hearing, the Board of Supervisors shall consider the record and any additional evidence offered. The Board of Supervisors may confirm, modify, or reverse the action appealed and any other action or issue involved in the application or proceeding as it deems appropriate including but not limited to the issuance of a permit. Such action shall be final. Such hearing shall be held within 60 days after the date that the Board of Supervisors received the appeal. The hearing may be continued by the Board of Supervisors for up to an additional 60 days. Upon conclusion of the hearing, the Board of Supervisors shall within ten days, declare its findings.

    (d)

    Notice Requirements. The Clerk of the Board of Supervisors shall provide notice to all owners' of property within 400 feet of the property on which the appeal is filed and shall publish a notice in a paper of general circulation. Mailing and publication of the notice shall be at least ten days prior to the hearing date.

([1334, 1380, 1404] Ord. 1583, Sec. 1; March 12, 2013; [1583] Ord. 1584, Sec. 3, May 28, 2013)