Appeals provide an opportunity for reconsideration of the decision of the Building Official in a public hearing. Decisions of the Building Official under this Chapter may be appealed to the Planning Commission.
.010 Initiation of Appeal. An appeal may be filed by the applicant for a permit for a solar energy system who is dissatisfied with a decision of the Building Official.
.020 Application. An application for appeal shall be made in writing and shall be filed with the Planning and Building Department during normal business hours. The application must clearly identify the appellant(s) and shall specify the decision appealed from and the reasons for appeal. All appeals under this section shall be filed with the Planning and Building Department.
.030 Timeframes. An appeal must be filed within ten (10) days subsequent to the decision of the Building Official.
.040 Fees. Fees shall be paid as specified in Chapter 18.80 (Fees) of Title 18 of this Code.
.050 Notification and Hearing. Appeals shall be subject to the notification and hearing requirements specified in Section 18.60.100 (Notice of Public Hearing) of Title 18 of this Code.
.060 Withdrawal of Appeal. An appeal may be withdrawn by the party who filed the appeal, provided the withdrawal is submitted in writing to the Planning Commission prior to or at the public hearing. If a valid withdrawal is submitted, the decision of the Building Official shall stand as the final decision at the end of the original appeal period.
.070 Scope of Review. At the time set for hearing, the Planning Commission shall consider the application under consideration, including the conclusions and findings of the Building Official. The Planning Commission may approve the application under consideration if it finds that (a) the solar energy system meets all applicable health and safety standards and requirements of local, state and federal law consistent with Section 65850.5 of the California Government Code; and (b) the solar energy system will not have a specific, adverse impact upon the public health and safety. The Planning Commission may not deny an appeal of the Building Official’s decision unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. The decision of the Planning Commission on such appeal shall be final and conclusive and may not be appealed. Within ten (10) days following the conclusion of the public hearing, the Planning Director shall send, by first-class mail, to the appellant, a copy of the decision of the Planning Commission, which shall include the aforementioned written findings. (Ord. 6337, § 1 (part); August 18, 2015.)