This chapter establishes procedures for the appeal of determinations and decisions rendered by the Commission, Hearing Officer, and Director.
(Ord. 1976 § 2, 2019)
A. 
Zoning Code Administration and Interpretation. The following interpretations, determinations, and enforcement actions of the Director may be appealed to the Commission and then to the Board:
1. 
Interpretations. Any determination on the meaning or applicability of the regulations contained in this Zoning Code that are believed to be in error, and cannot be resolved with the Director;
2. 
Determinations. Any determination that a permit application or information submitted with the application cannot be accepted or is incomplete, in compliance with Government Code Section 65943; and
3. 
Enforcement Actions. Any enforcement action filed in compliance with Chapter 18.154 (Enforcement Provisions).
B. 
Planning Permit Decisions.
1. 
Hearing Officer's and Director's Decisions. Any decision of the Hearing Officer or Director may be appealed to the Commission.
2. 
Commission's Decisions. Any decision of the Commission may be appealed to the Board.
C. 
Legislative Decisions. Any decision of the Commission may be appealed to the Board.
D. 
CEQA Decisions.
1. 
Any CEQA decision of the Director or Hearing Officer may be appealed to the Commission.
2. 
Any CEQA decision of the Commission may be appealed to the Board.
(Ord. 1976 § 2, 2019)
A. 
Eligible Parties. An appeal in compliance with this chapter may be filed by any of the following parties:
1. 
Any person, except that in the case of a decision on a Conditional Use Permit, Variance, or other decision that followed a public hearing, an appeal may only be filed by a person who, in person or through a representative, appeared at the public hearing in connection with the decision being appealed and provided comments/testimony;
2. 
Any person appealing a decision of the Director not made during a public hearing; or
3. 
Any person who informed the County in writing of the nature of their concerns before the hearing.
B. 
Any action or decision by the Commission, Hearing Officer, or Director, in compliance with this Zoning Code may be appealed by a Board member acting as an individual in compliance with paragraph (A)(1), and shall be exempt from the filing fee requirements of this subsection.
C. 
Timing and Form of Appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal.
1. 
The pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous Review Authority (e.g., Commission, Hearing Officer, Director, or other County official) in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record. Appeals filed by a County official, a Commissioner, or a Board member shall be exempt from the filing and processing requirements of this subsection, but not the 10-day appeal period limitation.
2. 
The appeal shall be filed with the Department or Clerk of the Board, as applicable, within 10 days following the actual date the decision was rendered.
a. 
An appeal addressed to the Commission shall be filed with the Department; and
b. 
An appeal addressed to the Board shall be filed with the Clerk of the Board.
3. 
The appeal shall be accompanied by the filing fee identified in the Fee Schedule.
a. 
The appeal fees are established to cover the cost of the following items as are required for the particular case: field investigation; preparation of necessary reports; preparation of site maps; mailing notices; printing and posting notices and legal publications.
b. 
These fees, no part of which shall be refundable, shall be paid to the Department at the time the appeal is filed.
4. 
The appeal shall be accompanied by a written verification by at least one of the petitioners attesting to the truth and correctness of all facts and maps and other graphic materials presented with the appeal petition.
5. 
Once an appeal is filed, any action on the subject project is suspended until the appeal is processed and a final decision is rendered by the applicable Review Authority.
D. 
Scope of Planning Permit Appeals.
1. 
An appeal of a decision on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, which are part of the record, or information that was not known at the time of the decision that is being appealed.
2. 
For purposes of this section, the record consists of all correspondence, minutes, reports, transcripts, written and oral testimony at the public hearing, and any other documents or evidence considered or relied upon by the Review Authority in the decision-making process.
E. 
Report and Scheduling of Hearing.
1. 
When an appeal has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate Review Authority identified in Section 18.144.020 (Appeal Subjects and Jurisdiction) above, within 60 days of the filing of the appeal.
2. 
Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).
a. 
Notice shall be mailed to the applicant and to all persons who spoke at the public hearing on the matter being appealed, to all persons who submitted written evidence before or during the public hearing on the matter being appealed, and to all persons whose names appear on the latest County equalized assessment roll as owning property located within 300 feet of the exterior boundaries of the parcel subject to the appeal.
b. 
Notice shall also be published once in a newspaper of general circulation either Countywide or in the community where the property is located not later than 10 calendar days before the hearing date.
3. 
Any interested party may appear and be heard regarding the appeal.
F. 
Decision.
1. 
During the appeal hearing, the issues that may be raised and considered by the Review Authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. The Review Authority may:
a. 
Affirm, affirm in part, modify, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Code; and
b. 
Adopt additional conditions of approval, which may address issues or concerns other than the subject of the appeal.
2. 
If new or different evidence is presented on appeal, the Commission or Board may refer the matter to the Director, Hearing Officer, or Commission, as applicable, for further consideration.
3. 
In the event of a tie vote by the Review Authority on an appeal, the decision being appealed shall stand.
4. 
An appeal denied by the Commission may be further appealed to the Board within the time limits specified in subsection C (Filing and Processing Appeals: Timing and Form of Appeal). (Government Code Section 65956.5).
5. 
Provision of Notice of Decision.
a. 
Following the final decision on an appeal, the County shall provide notice of its final decision to the appellant, applicant, property owner/owner's representative, and to any person who specifically requested notice of the County's final action.
b. 
The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the County.
G. 
Effective Date of Appeal Decisions. Final action by the applicable Review Authority shall be effective in compliance with the provisions of Section 18.130.030 (Effective Dates) if no additional appeals are filed in compliance with this chapter.
(Ord. 1976 § 2, 2019)
No person shall seek judicial review of a County decision on a planning permit or other matter in compliance with this Zoning Code unless and until all available appeals to the Commission and Board have been first exhausted in compliance with this chapter.
(Ord. 1976 § 2, 2019)