§ 22.70.050. Appeals.

Decisions of the Director, Department, or Commission may be appealed by an applicant or any aggrieved person as follows:

A.

Processing of appeals:

1.

Timing and form of appeal. An appeal shall be filed within 14 days of the decision that is the subject of the appeal, except where otherwise provided in this Title, using the form provided by the Department in addition to any other supporting materials the appellant may wish to furnish, explaining the reasons for the appeal. An appeal shall be filed with the Director, who shall process the appeal in compliance with this Section, including scheduling the matter before the appropriate Review Authority.

2.

Report and hearing. When an appeal has been filed, the Director will prepare a report on the matter, and cause the appeal to be scheduled for consideration by the appropriate Review Authority identified in Subsection B. at its next available meeting after completion of the report.

3.

Action and findings. After holding a public hearing in compliance with Section 22.70.060 (Public Hearing), the appeal body may affirm, affirm in part, or reverse the action, decision or determination that is the subject of the appeal, based upon findings of fact regarding the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or non-compliance of the subject of the appeal with the provisions of this Title.

4.

Withdrawal of appeal - Land use permits. After an appeal to a decision on a land use permit has been filed, the appeal shall only be withdrawn with the consent of the Review Authority or by written request of the individual or group that generated the appeal.

5.

Appeals with other remedies available. Appeals relating to matters resolvable through adjustment, Variance, amendment of the Land Use Element or this Title, or modification of the provisions of this Title through Conditional Use Permit approval where allowed by Articles 3, 4, 5, and 9, shall be processed according to the procedures of Sections 22.70.030 and 22.62.070; Chapter 2 of the Land Use Element; Section 22.70.040, and Articles 3, 4, 5, and 9, respectively, instead of this Section.

B.

Appeal jurisdiction. An appeal shall be heard and decided by the appeal body identified as follows, except where another Section of this Title may specify a particular appeal body for the purposes of that section.

1.

Department decisions. The following decisions of the Director and/or Department staff may be appealed to the Commission:

a.

Determination on the meaning or applicability of the provisions of this Title which are believed to be in error, and cannot be resolved with staff;

b.

Any determination that a land use permit application or information submitted with the application is incomplete (as provided by Government Code Section 65943);

c.

Any decision of the Department to approve or deny any application for Site Plan Review approval;

d.

Any determination of consistency with the Land Use Element;

e.

Any decision by the Director to revoke an approved Zoning Clearance or Site Plan Review.

2.

Commission or Zoning Administrator decisions. Any decision of the Commission or the Zoning Administrator in compliance with this Title may be appealed to the Board. The decision of the Board shall be final.

3.

Subdivision Review Board decisions. Any decision of the Subdivision Review Board on a land use permit associated with a land division application may be appealed to the Board. The decision of the Board shall be final.

[Amended 1984, Ord. 2163; 1985, Ord 2217; 1988, Ord. 2339; 1992, Ord. 2553; 1992, Ord. 2853; 1994, Ord. 2696; 1996, Ord. 2776; 1999, Ord. 2880; 2004, Ord. 3034] [22.01.042]