(A) 
Appeals of appealable determinations as specified by this chapter which are related to processing of development applications, or of actions on discretionary development permits and legislative matters taken by the Planning Director or designee, or by approving bodies on discretionary development permits or legislative matters, may be appealed pursuant to SCCC § 18.10.320 through § 18.10.360.
(B) 
Contents of an Appeal. The appellant shall state in the notice of appeal the act or determination appealed from, the identity of the appellant and their interest in the matter, and shall set forth concisely and succinctly a statement of the reasons which, in the opinion of the appellant, render the act done or determination made unjustified or inappropriate and such that there should be an additional hearing on the application. If it is claimed that there was error or abuse of discretion on the part of the Commission, Board, Planning Director, Zoning Administrator, or other officer or authorized employee, or that there was a lack of a fair and impartial hearing, or that the decision is not supported by the facts presented for consideration leading to the making of the determination appealed from, then these grounds shall be specifically stated.
(C) 
Computation of Time for Appeal. The time within which the notice of appeal shall be filed shall commence on the day following the day on which the act was taken or the determination was made. In the event the last day for filing an appeal falls on a nonbusiness day of the County, the appeal may be timely filed on the next County business day.
(D) 
Appeal Fees. A filing fee, set by resolution of the Board of Supervisors, shall accompany the notice of appeal. Appeals without accompanying filing fees are invalid.
(E) 
Effect of Notice of Appeal. The filing of the notice of appeal shall have the effect of staying the issuance of any permit or approval provided for by the terms of this chapter until such time as final action has occurred on the appeal, including exhaustion of available appeal processes.
(Ord. 4044 § 2, 1990; Ord. 4075 § 5, 1990; Ord. 4281 § 12, 1993; Ord. 4818 § 9, 2006; Ord. 5427 § 13, 2022)
(A) 
The following determinations that are typically made by planning staff during the course of processing applications for discretionary development permits may be administratively appealed by the property owner or applicant to the Planning Director. Such an appeal may be initiated by submitting a written letter explaining the matter being appealed and reasons for the appeal to the Planning Director within 14 calendar days of the subject determination:
(1) 
Determination of application completeness. Appeals of this determination are considered by the Planning Commission.
(2) 
Determination to prepare an initial study or an environmental impact report. Appeals of this determination are considered by the Planning Commission.
(3) 
Determination of need to prepare a geotechnical report, geologic report, biotic report, arborist report, historic resource or archaeologic report, agricultural viability report, or other technical report related to compliance with SCCC Title 16, Environmental and Resource Protection. Appeals of these determinations are considered by the Planning Director.
(4) 
Determination of necessity for a study, such as a plan line study pursuant to SCCC § 15.10.050(A)(4), a traffic or parking study, drainage study, or other infrastructure capacity study. Appeals of these determinations are considered by the Planning Director.
(5) 
Determination of vested rights pursuant to SCCC § 16.54.022. Appeals of this determination are considered by the Planning Commission.
(B) 
Planning Director's or Planning Commission's Action. The Planning Director shall commence consideration of every appeal filed pursuant to this section that is considered by the Planning Director by reviewing the application file within 20 business days of the submittal of the appeal. The Planning Director may decide the appeal on the basis of the written appeal or may review the appeal with the applicant and/or the appellant. The decision of the Planning Director on the appeal shall be made in writing and shall be provided to the applicant and/or the appellant within 45 calendar days of the submittal of the appeal, unless the appellant agrees, in writing, to a longer period. Any appeal filed pursuant to this section that is considered by the Planning Commission shall be scheduled for a Planning Commission meeting within 45 days of the date the appeal is filed, or on its next regular meeting after that 45 days if it is not feasible to hear the appeal within the 45-day time frame.
(Ord. 4044 § 2, 1990; Ord. 4075 § 6, 1990; Ord. 4500-C § 4, 1998; Ord. 5119 § 48, 2012; Ord. 5427 § 13, 2022)
(A) 
Who May Appeal. Any person whose interests are adversely affected by an action on an administrative permit may appeal the decision to the Zoning Administrator. Such an appeal may be initiated by submitting a written request to the Planning Director within 14 calendar days of the decision.
(B) 
Notice of Hearing. Upon receipt of a notice of appeal from a decision or action of an administrative permit, the Planning Director or designee shall schedule a hearing to occur before the Zoning Administrator or, if public concern or other circumstances warrant as determined by the Planning Director, the Planning Commission. The date of the scheduled hearing shall be no more than 60 calendar days after the date on which the notice of appeal is received, unless a postponement is mutually agreed upon by written concurrence of the Planning Director, applicant, and appellant. If no regular meeting of the Zoning Administrator (or Planning Commission, if applicable) is scheduled to occur within 60 calendar days after the date of receipt of the notice of appeal, the scheduled hearing date shall be that of the next regular meeting of the applicable body. Written notice of the time and place set for hearing the appeal shall be given to the appellant and the original applicant, if they are not the appellant, at least 21 calendar days prior to the hearing. Public notice of an appeal hearing before the Zoning Administrator shall be given as provided by SCCC § 18.10.116. Decisions by any reviewing body on the appeal shall be made in writing and shall be provided to the applicant and/or the appellant.
(C) 
Any person whose interests are adversely affected by a decision or action of the Zoning Administrator may appeal the decision to the Planning Commission. Appeals to the Planning Commission, whether direct or following an appeal reviewed by the Zoning Administrator, shall be processed as prescribed by SCCC § 18.10.330.
(D) 
Any person whose interests are adversely affected by an appeal decision or action of the Planning Commission may appeal the decision to the Board of Supervisors. Appeals to the Board of Supervisors shall be processed as prescribed by SCCC § 18.10.340.
(Ord. 5119 § 49, 2012; Ord. 5427 § 13, 2022; Ord. 5427 § 13, 2022)
(A) 
Who May Appeal. Any person whose interests are adversely affected by any act or determination of the Zoning Administrator under this chapter may appeal such act or determination to the Planning Commission. Appeals from any action of the Zoning Administrator shall be taken by filing a written notice of appeal with the Planning Department not later than the fourteenth calendar day after the day on which the act or determination appealed from was made.
(B) 
Notice of Hearing. Upon receipt of a notice of appeal from a decision or action of the Zoning Administrator, the Planning Director or designee shall schedule a hearing to occur before the Planning Commission (although special consideration procedures of this chapter may result in the appeal being heard before the Board of Supervisors rather than the Planning Commission). The date of the scheduled hearing shall be no more than 60 calendar days following the date of receipt of the notice of appeal, unless a postponement is mutually agreed upon by written concurrence of the Planning Director, applicant, and appellant. If no regular meeting of the Planning Commission is scheduled to occur within 60 calendar days after receipt of the notice of appeal, the scheduled hearing date shall be that of the next regular meeting of the Planning Commission. Written notice of the time and place set for hearing the appeal shall be given to the appellant and the original applicant, if they are not the appellant, at least 21 calendar days prior to the hearing. Public notice of the appeal hearing shall be given in the same manner as required for the original action appealed from, except that no large sign or signs regarding the appeal hearing shall be required pursuant to SCCC § 18.10.121.
(C) 
Planning Commission Consideration. The Planning Department shall transmit to the Commission all records related to the appeal and shall upon request furnish such further information relative to the proceedings as may be requested by the Commission. At the hearing on the appeal, the Commission shall consider the records related to the appeal and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it will be operated or maintained, particularly with respect to the findings required by this chapter for the application.
(D) 
Planning Commission Action. At the conclusion of the hearing, the Commission may, on the basis of all the evidence and testimony, and after making the appropriate findings required by this chapter (see SCCC § 18.10.230), either deny the application, approve the application, or approve the application with modifications, subject to such conditions as it deems advisable. The Commission shall have the power to continue any such matter, with the public hearing open or closed. In the event the Commission is unable to reach an agreement on a decision at its meeting at which the matter is submitted, the matter may be continued at the request of the appellant for one meeting for a decision in conformance with this section. In the event the Planning Commission is unable to reach a decision, the decision of the Zoning Administrator shall remain valid and may be appealed to the Board of Supervisors in accordance with the provisions of SCCC § 18.10.340.
(Ord. 4044 § 2, 1990; Ord. 4075 § 7, 1990; Ord. 4243 § 25, 1993; Ord. 4463 § 2, 1997; Ord. 4500-C § 5, 1998; Ord. 5119 § 50, 2012; Ord. 5427 § 13, 2022)
(A) 
Who May Appeal. Any person whose interests are adversely affected by any act or determination of the Planning Commission, by the Agricultural Policy Advisory Commission acting pursuant to Chapter 16.50 SCCC, or by the Historic Resources Commission acting pursuant to Chapter 16.42 SCCC, may appeal such act or determination to the Board of Supervisors; provided, however, that where the determination made by the Commission is given in the form of a recommendation or report addressed to the Board of Supervisors, no appeal may be taken, but any interested party shall be entitled to appear before the Board of Supervisors at the time of consideration of such recommendation or report and to be heard thereon. Appeals to the Board shall be taken by filing a written notice of appeal with the Clerk of the Board of Supervisors not later than the fourteenth calendar day (10 calendar days for tentative maps and 15 calendar days for time extensions of tentative maps) after the day on which the act or determination appealed from was made. The Clerk of the Board shall send notice of such appeal to the Planning Department within one business day of the filing of the appeal.
(B) 
Procedure for Taking Jurisdiction.
(1) 
When a notice of appeal is properly filed, a consideration of whether the Board should take jurisdiction shall forthwith be scheduled on the next available agenda of the Board of Supervisors for which agenda submittal deadlines can be met, except that appeals from actions taken on a tentative map by the Planning Commission shall be set for hearing as set forth in SCCC § 14.01.312 et seq.
(2) 
Written notice of the time and place set for hearing the appeal shall be given by the Clerk to the appellant, the original applicant if they are not the appellant, and the Planning Department at least 10 calendar days prior to the date set for hearing. The notice provided to the appellant shall inform the appellant that the appellant shall be required to present evidence which, in their opinion, demonstrates that the grounds listed in subsection (C) of this section for the Board to take jurisdiction apply.
(3) 
The Planning Department shall transmit to the Board all records related to the appeal and shall furnish such other information relative to the proceedings as may be requested by the Board.
(C) 
Grounds for the Board of Supervisors to Take Jurisdiction. The Board of Supervisors will not take jurisdiction of an appeal and grant further review of a matter unless the Board finds that there is a prima facie showing on the basis of available evidence that there was an error or abuse of discretion on the part of the Commission, Zoning Administrator, or other officer; or that there was a lack of a fair and impartial hearing; or that the decision appealed from is not supported by the facts presented and considered at the time the decision appealed from was made; or that there is significant new evidence relevant to the decision which could not have been presented at the time the decision appealed from was made; or that there is either error, abuse of discretion, or some other factor which renders the act done or determination made unjustified or inappropriate to the extent that a further hearing before the Board is necessary.
(D) 
Decision to Take Jurisdiction.
(1) 
At the time the Board considers whether to take jurisdiction of the appeal, the Board may, by a motion passed by at least three votes, determine that the appellant has established sufficient grounds for the Board to take jurisdiction for further review, and may either grant a review limited to the record of the entire proceedings held before the Commission, Zoning Administrator, or other officer, or in the alternative, may elect to conduct the proceedings as if no other hearing had been held and thereby re-hear the matter de novo.
(2) 
In appropriate circumstances, without taking jurisdiction for further review, the Board may, by a majority vote, refer the matter back to the Planning Commission for reconsideration of new evidence or other considerations. In the event of such a referral, the Board may require a report back to the Board for review by the Board or may provide that the Planning Commission's decision on reconsideration shall be final, subject to appeal to the Board (without fee by the previous appellant) as in the case of an original decision, at which time the Board shall decide whether to take jurisdiction for further review upon any such appeal.
(E) 
Determination of Appeal.
(1) 
If the Board, by a majority vote, determines to take jurisdiction for further review, the Planning Director or designee shall schedule a public hearing before the Board. The date of the scheduled hearing shall be no more than 60 calendar days following the decision to take jurisdiction. If no regular meeting of the Board of Supervisors is scheduled to occur within 60 calendar days after the decision to take jurisdiction, the scheduled hearing date shall be that of the next regular meeting of the Board of Supervisors.
Written notice of the time and place set for hearing the appeal shall be given to the appellant—and to the original applicant, if they are not the appellant—at least 21 calendar days prior to the hearing. Public notice of the hearing shall be given in the same manner as required for the original action appealed from, except that no large sign or signs regarding the appeal hearing shall be required pursuant to SCCC § 18.10.221, and no neighborhood meeting regarding the appeal hearing shall be required pursuant to SCCC § 18.10.113.
(2) 
After the public hearing by the Board of Supervisors, whether based upon the previous hearing record or a de novo hearing, the Board may, after making the required findings, make any order it deems just and proper, including the granting of any permit or approval pursuant to the terms of this chapter.
(3) 
The Board shall have the power to continue any such matter, with the public hearing open or closed. Renoticing shall not be required if the matter is continued to a specific date. In the event the Board is unable to reach a decision on the appeal, the matter may be continued one meeting at the request of the appellant, for a decision in conformance with this section. In the event that an agreement cannot be reached on either a continuance or a Board decision, the decision of the body appealed from shall become final, except in those cases where final action requires an ordinance adopted by the Board.
(F) 
Finality of Action. Decisions made by the Board of Supervisors are final, except in the case of appeals to the Coastal Commission (see SCCC § 18.10.360).
(Ord. 4044 § 2, 1990; Ord. 4075 § 8, 1990; Ord. 4243 § 26, 1993; Ord. 4463 § 3, 1997; Ord. 4496-C § 106, 1998; Ord. 4500-C § 6, 1998; Ord. 5119 § 51, 2012; Ord. 5427 § 14, 2022)
Various planning decisions have been delegated to the Planning Commission, the Zoning Administrator, the Planning Director, or other officers, subject to appeal procedures. In order to ensure the orderly and consistent application of this chapter in accordance with its intent, it is hereby provided that the Board of Supervisors shall consider and act on any such delegated matter which would otherwise be appealable, upon the request of any member of the Board of Supervisors, provided such a request, outlining the reasons why a special consideration of the matter is appropriate, is filed in writing with the Clerk of the Board within the time provided for filing an appeal. If such a written request signed by a Board member is filed with the Clerk of the Board within such time limits, the Clerk shall place the matter on the Board's next available consent agenda, and the Board shall set the matter for public hearing within 30 calendar days.
Upon the date of the hearing, the matter shall appear on the Board's regular planning agenda as a public hearing set for special consideration. Thereafter, the matter may be considered de novo by the Board, beginning with a staff report, followed by Board of Supervisors' comments, and public testimony; or alternatively, after taking public comment, the Board may remand the matter to the Planning Commission, the Zoning Administrator, the Planning Director or other officers, with directions that such subsidiary bodies or officers take any action consistent with this code and the Santa Cruz County General Plan, subject to appeal procedures. Where a hearing upon notice was required before the approving body making the initial decision, the procedure for the Board's consideration of such matter shall include hearing and notice as required in appeals from such approving body. Any Board member requesting such special consideration shall not be considered an appellant.
(Ord. 4044 § 2, 1990; Ord. 5427 § 14, 2022)
In the Coastal Zone, some approvals may be appealed to the State Coastal Commission in accordance with the procedures in Chapter 13.20 SCCC (Coastal Zone Regulations). When an appeal of a coastal development permit approval is filed with the Coastal Commission, the permit to which the approval is attached shall not be issued by the County until the Coastal Commission has approved the project and the Planning Director has reviewed and approved any terms or conditions imposed by the Coastal Commission. In the event the Coastal Commission eliminates or modifies any term or condition imposed by the County, or, in the event the Planning Director determines that the terms and conditions imposed by the Coastal Commission are a substantial variation from the terms and conditions of the proposed permit as issued by the County, then the approving body shall reconsider the coastal development permit approval along with reconsideration as necessary of any other discretionary permits required for the project to ensure consistency, and shall review and approve, modify, or deny the project as approved by the Coastal Commission. If the County reconsiders and modifies the project, the approval shall again become appealable to the Coastal Commission pursuant to the provisions of Chapter 13.20 SCCC.
(Ord. 4044 § 2, 1990; Ord. 4103 § 3, 1990; Ord. 5427 § 14, 2022)