An applicant may file an appeal of the determination made by the Chief Building Inspector or the Planning Director of the "U" or "ET" factor of that applicant's proposed non-residential construction pursuant to Section 16.89.710. The applicant must file an appeal with the Secretary of the Planning Commission within ten days of the date the applicant is notified in writing of the "U" and "ET" factors of the fee. Such an appeal shall be heard by the Project Planning Commission, which may grant or deny the appeal. The appeal shall be applied for in the manner prescribed in, and be considered by the Project Planning Commission at a noticed public hearing governed by Title 1 of the Zoning Code, and shall be subject to the fee applicable to the appeal of a Planning Director's decision as established by resolution by the Board of Supervisors.
(SCC 0801 § 1, 1990; SCC 0903 § 8, 1992)
The application for an appeal shall include financial and other information that the Planning Director determines is necessary for staff to perform an independent evaluation of the applicants' rationale for the appeal and shall be a matter of public record.
(SCC 0801 § 1, 1990)
No appeal shall be granted to an applicant unless the Commission finds in writing that:
A. 
The fee determined by the application of Section 16.89.400 and 16.89.715 is not reasonably related to the need for low income housing associated with the proposed non-residential construction for the use type determined to be appropriate by the Chief Building Inspector or the Planning Director in accord with Article 8; or
B. 
The non-residential construction is proposed to be built for and suitable solely for a specific use involving few or no employees.
(SCC 0801 § 1, 1990; SCC 0903 § 9, 1992; SCC 1686 § 7, 2022)
The grant of the appeal may specify a reduced fee, a higher fee, no fee, or appropriate conditions applicable to such construction. Any appeal granted under this section shall not apply to the issuance of any building permit other than those requested by and described in the building permit application that is the subject of the appeal.
(SCC 0801 § 1, 1990; SCC 0903 § 10, 1992)