(a) 
Any person adversely affected by one of the following decisions may appeal that decision to the Board of Supervisors pursuant to this subsection (c) of this section:
(1) 
A decision of the Planning Commission or the Zoning Administrator on any permit, reclamation plan and required financial assurances therefore or any amendment thereto.
(2) 
A decision of the Zoning Administrator on any interim management plan.
(3) 
A decision by the Planning Commission on an appeal under subsection (b) of this section of a decision of the Planning and Development Director on any financial assurances or annual adjustments thereto under section 7-25-1135 or 7-25-140.
(b) 
The applicant may appeal a decision by the Planning Commission or the Zoning Administrator denying an extension of time under section 7-25-1120 or section 7-25-1155(c).
(c) 
Any person adversely affected by a decision of the Planning and Development Director on any financial assurances or annual adjustments thereto under section 7-25-1135 or 7-25-1140 may appeal the decision to the Planning Commission under the following procedure:
(1) 
An appeal to the Planning Commission shall be in writing and filed with the Planning and Development Director within ten (10) days after the date of the decision of the Planning and Development Director. An appeal shall specifically set forth the grounds for the appeal. At the time of filing the appeal, the appellant shall pay the appropriate fee under section 7-25-1105 to the Planning and Development Director to defray the expense incidental to the proceedings.
(2) 
Upon the filing of an appeal, the Planning and Development Director shall:
(A) 
Transmit to the Planning Commission all public documents in the files of the Planning and Development Director pertaining to the matter.
(B) 
Set an appeal hearing before the Planning Commission.
(C) 
Not less than ten (10) days prior to the appeal hearing, mail a notice of the appeal hearing to the appellant, the applicant, to all persons to whom copies of the decision of the Planning and Development Director were mailed, and to all property owners to whom notices were given pursuant to subsection (b) of section 7-25-1110 of this Article.
(3) 
After the appeal hearing, the Planning Commission may affirm, reverse or modify the decision of the Planning and Development Director. The decision of the Planning Commission may be appealed as provided in section 7-25-1265(a). The appeal rights under this subsection (c) shall be exercised prior to filing an appeal pursuant to section 7-25-1265(a).
(d) 
An appeal to the Board of Supervisors shall be in writing and filed with the Clerk of the Board of Supervisors within ten (10) days after the date on which the decision of the Planning Commission or Zoning Administrator was made. An appeal shall specifically set forth the grounds for the appeal. At the time of filing the appeal, the appellant shall pay the appropriate fee under section 7-25-1105 to the Planning and Development Director to defray the expense incidental to the proceedings.
(e) 
Upon the filing of an appeal with the Board of Supervisors, the Planning and Development Director shall transmit to the Clerk of the Board of Supervisors copies of all documents in the files of the Planning Commission or Zoning Administrator pertaining to the matter.
(f) 
The Clerk of the Board of Supervisors shall mail a notice of the appeal hearing to the appellant, the applicant, to all persons to whom copies of the decision of the Planning Commission or Zoning Administrator were mailed, and to all property owners to whom notices were given pursuant to subsection (c) of section 7-25-1110 of this Article, not less than ten (10) days prior to the appeal hearing.
(g) 
The hearing on an appeal of a decision by the Zoning Administrator on an application for approval of an interim plan shall be scheduled within forty-five (45) days of the filing of the appeal unless the owners and operators of the surface mining operation and Board of Supervisors mutually agree to a longer period.
(h) 
After an appeal hearing, the Board of Supervisors shall, within thirty days affirm, reverse or modify the appealed decision, or refer the matter back to the Planning Commission or Zoning Administrator for further action. The appeal rights under this section shall be exercised prior to filing an appeal pursuant to section 2775 of the Act.
(i) 
Unless otherwise provided in this section, all appeals filed with the Board of Supervisors shall be subject to section 165 of this Ordinance Code.
(a) 
An applicant who has been denied a permit to conduct surface mining operations in an area designated as an area of statewide or regional significance under the Act, or any person who is aggrieved by the granting of a surface mining operations permit in such an area may appeal a final decision by the Board of Supervisors under section 7-25-1265 to the State Mining and Geology Board in accordance with section 2775 of the Act. The appeal rights under this section shall be exercised prior to seeking judicial review under section 7-25-1275.
(b) 
If the State Mining and Geology Board remands the appeal under subsection (a) to the County, the Board of Supervisors shall reconsider its action pursuant to the procedures set out in section 7-25-1265.
(Amended by Ord. No. 3238, effective 3-30-00)
Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Chapter, if the decision denies or revokes a permit, a reclamation plan or an amendment thereto, shall be made pursuant to section 1094.5 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review and all of the other provisions of section 1094.6 shall govern such judicial review. When giving written notice to the applicant of its decision, the Board of Supervisors shall notify the applicant that the time within which judicial review must be sought is governed by said section 1094.6.
(Amended by Ord. No. 3238, effective 3-30-00)