§ 29.05.030. Appeal.

A person applying for the approval of any development project subject to an in-lieu fee and/or housing impact fee may file an appeal to the board of supervisors for reduction or adjustment to the fees, or a waiver of the fees, as follows:

(1)

Timing and Form of Appeal. An appeal shall be made in writing on the form provided by the planning department and may be accompanied by any other supporting materials the appellant may wish to furnish explaining the reasons for the appeal. The appeal shall be filed with the planning department not later than: (a) within fourteen days of a public hearing granting approval of the development project subject to the in-lieu fee and/or housing impact fee; or (b) if no public hearing for the development permit is required, at the time of the filing of the application for the development permit; or (c) within fourteen days of when the planning director has calculated and determined the fee amount to be imposed on the development project. The planning director shall process the appeal pursuant to this section, including scheduling the matter before the board of supervisors for a public hearing.

(2)

Basis for the Appeal. The appeal for reduction or adjustment to the fees, or waiver of the fees, shall be based upon the absence of any reasonable relationship or nexus between the impacts of the development project and either the amount of the fee charged or the affordable housing program or affordable housing development to be financed.

(3)

Report and Hearing. When an appeal has been filed, the planning director will prepare a staff report and recommendation for consideration by the board of supervisors within sixty days of the filing of the appeal.

(4)

Action and Findings. After holding a public hearing, the board of supervisors may affirm, affirm in part, or deny the appeal, based upon findings of fact regarding the particular case. Such findings shall identify the reasons for the action on the appeal. The decision on the appeal by the board of supervisors shall be final.

(5)

Withdrawal of Appeal. After an appeal has been filed pursuant to this section, the appeal shall not be withdrawn except with the consent of the board of supervisors.

(6)

Modification of the Development Project After Granting of an Appeal. If a reduction, adjustment or waiver of the in-lieu fee or housing impact fee is granted, any change of the development project, or any change in use within the development project, shall invalidate the waiver, adjustment or reduction of the fees and the originally imposed fees shall be recalculated to reflect project changes and shall be due and payable to the county.

(Ord. No. 3171, § 1, 12-9-08)