§ 23.01.042. Appeal.

Decisions of the Planning Department or Planning 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 Planning 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 Planning Director, who shall process the appeal pursuant to this section, including scheduling the matter before the appropriate hearing body.

(2)

Report and hearing. When an appeal has been filed, the Planning Director will prepare a report on the matter, and cause the appeal to be scheduled for consideration by the appropriate hearing body identified in subsection b of this section at its next available meeting after completion of the report.

(3)

Action and findings. After holding a public hearing pursuant to Section 23.01.060 (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. Such 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 After an appeal to a decision on a land use permit has been filed, the appeal shall only be withdrawn with the consent of the appropriate Review Authority or by written request of the individual or group that generated the appeal. The date on which the appeal is withdrawn shall constitute the effective date of the permit and initiate the final action notice period established by Section 23.02.036.

(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 Development Plan approval where allowed by Chapters 23.04 or 23.08 of this title, shall be processed according to the procedures of Sections 23.01.044 and 23.01.045; Chapter 2 of the Land Use Element; Section 23.01.050, and Chapters 23.04 and 23.08, 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)

Planning Department decisions: The following decisions of the Director of Planning and Building and Planning Department staff may be appealed to the Planning Commission:

(i)

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

(ii)

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

(iii)

Any determination of consistency with the Land Use Element;

(iv)

Any decision by the Director of Planning and Building to revoke an approved Plot Plan.

(2)

Planning Commission or Zoning Administrator decisions: Any decision of the Planning Commission or the Zoning Administrator pursuant to this title may be appealed to the Board of Supervisors. The decision of the Board of Supervisors shall be final, except where such decision is appealed to the Coastal Commission as set forth in Section 23.01.043.

(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 of Supervisors. The decision of the Board of Supervisors shall be final, except where such decision is appealed to the Coastal Commission as set forth in Section 23.01.043.

c.

Notice of Final County Action on appeals within the Coastal Zone. Where an appeal has been filed and decided pursuant to this section on a project that is appealable to the Coastal Commission as set forth in Section 23.01.043, the county shall provide Notice of Final Action on the project as set forth in Section 23.02.036.

d.

Effective date of appeal decision. Except where otherwise provided by Section 23.02.039 for projects that may be appealed to the Coastal Commission, a decision by the Board of Supervisors on an appeal shall be effective as of the date the decision is reached, and a decision on an appeal by the Planning Commission shall be effective on the 15th day following the decision, when no appeal to that decision has been filed with the Board of Supervisors.

[Added 1992, Ord. 2584; Amended 1995, Ord. 2715; Amended 2004, Ord. 2999; Ord.. 3001]